Q. Differentiate between Fundamental Rights and Fundamental Duties. Do you think that it is imperative for citizens to strive for a perfect balance between their rights and duties in order to achieve local and national development goals?
Ans:
Fundamental Rights and Fundamental duties are correlative and inseparable. Also, the original constitution contained only the fundamental rights and not the fundamental duties.
- The fundamental duties of citizens were added in the Constitution later in 1976 on the recommendation of Swaran Singh Committee.
- In 2002, one more Fundamental Duty was added.
Although both, Fundamental Rights and Fundamental Duties, are inseparable, there are certain differences between them. In this article, we will discuss these differences:
| Fundamental Right | Fundamental Duty |
| Rights guaranteed by the Constitution to the citizens. | They are moral and civic duties expected out of the citizens. |
| Covered under Part III of the Constitution mentions Fundamental Rights. | Covered under Part IVA of the Constitution mentions the Fundamental Duties. |
| Articles 12 to 35 deal with Fundamental Rights | Article 51A deals with Fundamental Duties. |
| Borrowed from US Constitution (Bill of Rights) | Borrowed from USSR Constitution. |
| Some of them are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies. | Confined to citizens only and do not extend to foreigners. |
| They are justiciable in the court of law. An individual can move to the court if his Fundamental Rights are violated. | They are non-justiciable. |
| They are directly enforceable. | The Constitution does not provide for their direct enforcement by the courts. However, the Parliament is free to enforce them by suitable legislation. |
Fundamental rights and Fundamental duties are both integral to our society because rights without responsibilities will lead to anarchy.
While governments, institutions and civil societies work for citizen’s rights, inherent duties remain crucial for individuals in order to ensure the efficacy of the system at large. It is the moral duty of citizens to introduce and enhance a positive “work consciousness” and reject the tendency to find loopholes in rules and laws in order to suit convenience.
Rights and their necessities:
- Rights are rules of interaction between people. They place constraints and obligations upon the actions of the state and individuals or groups. For example, if one has a right to life, this means that others do not have the liberty to kill him or her.
- Rights are defined as claims of an individual that are essential for the development of his or her own self and that are recognised by society or State.
- These are legal, social, or ethical principles of freedom or entitlement and are the fundamental normative rules about what is allowed to people or owed to people, according to some legal system, social convention, or ethical theory.
- Rights are often considered fundamental to civilisation, being regarded as established pillars of society and culture.
- The fundamental rights are the basic rights which can be enforced in court of law like freedom of speech and expression, right to live with human dignity, Right to Equality, Right to Freedom of Religion etc are enshrined in Part three of the constitution.
In India people are quite aware of their Fundamental Rights. Along with Fundamental Rights it is important that the people also perform their Fundamental Duties. The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976. It is something we do for the nation and something the nation does for us. But the rights have real meaning only if individuals perform duties.
Duties and their necessities:
- A duty is something that someone is expected or required to do. They serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society and to their fellow citizens.
- Duties are the fundamental aspects in any civilised society. Constitution makes it clear that what is expected from the civilised citizens in the name of duties. Integrity of the nation, sovereignty of the nation should not be put to any threat in the name of freedom of expression.
- They serve as a warning against the anti-national and antisocial activities like burning the national flag, destroying public property and so on.
- They serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them. They create a feeling that the citizens are not mere spectators but active participants in the realisation of national goals.
- When we say scientific temper, various kinds of superstitious beliefs which can be harmful, child marriages, honour killing etc should be discouraged. Anyone who creates a hostile atmosphere for different communities should be discouraged.
- There should be more emphasis that the duty of respect towards other religion and other’s views should be also considered as Fundamental duty of every citizen.
A balance between their rights and duties- must to achieve developmental goals:
- Rights and duties are closely related and cannot be separated from one another. Both go side by side. Citizens need to fulfil their duties and obey laws too. For example, Having basic household amenities like electricity and clean tap water are citizens’ rights. However, it is their duty to end practices that lead to the wastage of electricity and water.
- If the state gives the right to life to a citizen, it also imposes an obligation on him to not to expose his life to dangers, as well as to respect the life of others. For instance, citizens have the right to get better roads, infrastructure and better traveling facilities. But following traffic rules is their duty.
- India is the largest democracy of the world. Citizens have the right to vote, but casting that vote is their duty. Citizens are certainly entitled to get better civic facilities for easier daily living, but their responsibility also includes timely payment of taxes for the welfare of the nation.
- Rights can be enjoyed only in the world of duties. For every right there is corresponding duty. When the people fail to discharge their duties properly, the rights all become meaningless. Like it is the citizen’s right to get clean streets, but it is the individual’s duty to stop throwing garbage on roads, and put trash into the right bins or dispose it in a proper manner.
- Rights originate in society. Therefore, while enjoying rights, we must always try to promote social interest. It is the duty of every one of us to use our rights for promoting the welfare of the society as a whole. For example, Citizens are entitled to get better health and healthcare facilities, but it is the duty of individuals to act towards Swachhta and vaccination.
- It is indeed the right of the people to get a pollution-free atmosphere and natural calamity-free ecosystem. But for that to happen, voluntary citizen service is required for planting trees, reforesting wasteland, cleaning rivers, protecting forest cover, and population control measures, along with requisite governmental efforts.
Thus, a citizen has both Rights and Duties. He enjoys rights and performs his duties. Rights and Duties are the two sides of the same coin. A perfect balance between rights and duties is must to achieve local and national development goals. Unless we promote the culture of duty and responsibility, the aims and objectives enshrined in the Preamble, and under Article 51A of the Constitution, cannot be truly achieved in letter and spirit. ©crackingcivilservices.com
