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Guilherme Mazui

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What is the Difference Between Fundamental Rights and Fundamental Duties?

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The difference between Fundamental Rights and Fundamental Duties lies in their nature, purpose, and enforceability. Here are the key distinctions between the two:

  1. Nature: Fundamental Rights are basic human rights guaranteed by the Constitution of a country to its citizens, ensuring individual liberties. On the other hand, Fundamental Duties are the moral obligations bestowed upon the citizens to uphold unity in diversity and promote the spirit of patriotism.
  2. Placement in the Constitution: Fundamental Rights are placed in Part III (Articles 12-35) of the Indian Constitution, while Fundamental Duties are placed in Part IV A (Article 51A) of the Indian Constitution.
  3. Native Source: The Fundamental Rights were identified since the inception of the Constitution, whereas the Fundamental Duties were added later, in 1976, by the 42nd Amendment.
  4. Nature: Fundamental Rights are political and social in character, with no scope for guaranteed economic rights. Fundamental Duties, however, are political, social, and economic in character.
  5. Enforceability: Fundamental Rights are justiciable, meaning they can be enforced by the courts in case of non-compliance. In contrast, Fundamental Duties are non-justiciable, meaning there is no provision for direct enforcement by the courts. However, the Parliament can enforce them through suitable legislation.

In conclusion, while both Fundamental Rights and Fundamental Duties are important for the functioning of a democratic society, they serve different purposes and have distinct characteristics in terms of their nature, placement in the Constitution, and enforceability.

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  • What is the Difference Between Fundamental Rights and Fundamental Duties?
  • Comparative Table: Fundamental Rights vs Fundamental Duties

    • Comparative Table: Fundamental Rights vs Fundamental Duties

    Here is a table highlighting the differences between Fundamental Rights and Fundamental Duties:

    Characteristics Fundamental Rights Fundamental Duties
    Definition Constitutional rights that protect individual liberties and freedoms Constitutional duties that emphasize citizens' responsibilities towards society
    Legal Basis Enshrined in the Constitution, primarily in Part III Enshrined in the Constitution, primarily in Part IV-A
    Scope Applicable to all individuals within the jurisdiction of the state Applicable to all citizens within the jurisdiction of the state
    Enforcement Justifiable in nature, enforceable by law Moral in nature, not enforceable by law
    Examples Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, Right to Property, Right to Constitutional Remedies Duties towards the nation, upholding the Constitution, respecting national symbols, preserving public property, promoting harmony, and protecting the environment

    Fundamental Rights are legal entitlements that protect and empower individuals, while Fundamental Duties are moral and ethical obligations that emphasize citizens' responsibilities towards society.

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    Guilherme Mazui

    Guilherme Mazui is graduated in journalism from the Federal University of Minas Gerais (UFMG) and a master's degree in Communication from the University of São Paulo (USP). In addition, he has experience in advertising writing and has worked as a content editor in several companies.