Difference between fundamental rights and Fundamental Duties - Law Tribe

In India's political system, both fundamental duties and rights are extremely significant. There is a distinction between fundamental rights and duties, though. The Indian Constitution includes a list of specific fundamental rights. Fundamental tasks cannot be superseded or negated by other duties because they must be given priority over them despite the fact that the Parliament has not specifically addressed them.

Fundamental Rights

Basic human rights or natural rights are other names for fundamental rights. People sometimes refer to these rights as "human rights" because they believe that everyone has the right to them, regardless of caste, creed, or other factors.

Three categories can be used to classify fundamental rights:

Personal Rights:

These are the rights that every individual is born with. For instance, this category includes the rights to equality, freedom of expression, etc.

Collective Rights:

These mostly consist of privileges granted to groups of people, such as the jury system and the right against exploitation. These protections from exploitation and other forms of injustice are provided by these rights for a certain group of individuals.

Restricted Rights:

As the name implies, these are limitations on individual and collective rights, such as the ability to restrict fundamental rights in emergency situations.

Fundamental Duties:

The Indian Constitution does not categorise fundamental duties in the same way as it does fundamental rights. The preamble of the constitution makes reference to these obligations. The Parliament should be given priority over other obligations since it cannot pass legislation that negates or reduces Fundamental Duties (as it may with Fundamental Rights).

These obligations can be classified into two categories: 

those that apply to all citizens without exception due to caste, creed, etc., and

those that only apply to specific groups of citizens, such as elected officials, etc.

Basic obligations are often referred to as principle-based obligations.

These must take precedence above all other obligations, including ones based on kinship, self-interest, etc.

Related Post: What are Fundamental Rights? 

For Example:

A person having allegiance to the state of India is required to feed any stray cats who wander onto his property without hesitation. Similar to this, a person who owes allegiance to the Government of India must pay taxes without any exceptions and faces punishment for disobeying the authorities.

Difference between Fundamental Rights and Fundamental Duties:

As you have probably noticed, fundamental rights and duties frequently overlap. The distinction between fundamental rights and fundamental duties results from this. The following details reveal this distinction:

• Our constitution outlines certain Fundamental Rights, yet it is unclear what Fundamental Duties are.
• Due to the large number of duties that fall under the "other" category of fundamental rights, the scope of fundamental rights is substantially greater than that of fundamental duties.
• All citizens are required to uphold the basic rights, but only those who have been given particular authority, such as the president and central government officials, are required to uphold the fundamental duties.
• Fundamental duties must always be subordinated to fundamental rights.
• Fundamental Duties are not justiciable, but Fundamental Rights are.
• Fundamental Rights may be restricted during emergencies, but fundamental obligations are never restricted until there is an emergency.

The distinction between basic rights and fundamental obligations is thus made evident by the aforementioned reasons, but it is also vital to keep in mind that both have a significant impact on India's democratic system and cannot, under any circumstances, be disregarded. Therefore, it is essential that each person remember their obligations just as much as they remember their privileges as Indian citizens.

Conclusion:

The most significant parts of our constitution are the Fundamental Rights and Duties. The purpose of these rules is to establish a fair society where everyone has an equal opportunity to acquire fundamental rights and obligations free from any form of discrimination. Because of this, according to our constitution, everyone is treated equally before the law, regardless of caste, creed, etc. By acknowledging these essential obligations, India has made progress toward building an equal, equitable, and just society. Therefore, it is essential that every citizen understand both their rights and obligations in order to contribute to the growth of this country by following by the laws set with good intentions for their benefits.

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