Assessment-2

Explain Fundamental rights and Fundamental Duties of citizens and

the difference among these two rights and duties?
Fundamental rights and duties are the primary features of a democratic society
that help define citizens' freedoms and obligations. Many countries'
constitutions, like India's, include these ideals to ensure a fair and just society.

Fundamental Rights:
Fundamental Rights are a set of individual rights that are deemed necessary for
citizens' general well-being and dignity. These rights are often established in
the constitution of a country and are legally enforceable. They protect citizens
from the government's arbitrary use of power and ensure that they have some
minimum protections and liberties. Fundamental Rights are frequently
classified into several categories, including:
Right to equality (Article 14-18): The right to equality before the law, the
prohibition of discrimination based on religion, race, caste, gender, or place of
birth, and the abolition of untouchability are all included in this category.
Right to Freedom (Article19-20): This category encompasses the right to free
speech and expression, the right to peaceful assembly, the right to organise
associations or unions, the right to move freely throughout India's territory, and
the right to dwell and settle in any part of the country.
Right against Exploitation (Article 23-24): This category encompasses the ban
of forced labour as well as the employment of youngsters in dangerous jobs.
Right to Religious Freedom (Article 25): This category contains the right to
religious freedom, which includes the freedom to practise, profess, and
promote any religion of one's choosing.
Cultural and Educational Rights: Minorities have the right to create and run
educational institutions of their choice, as well as the right to preserve their
culture, language, and script.
Right to constitutional remedies: The right to constitutional remedies includes
the right to petition the Supreme Court or High Courts for the enforcement of
Fundamental Rights through writs such as Habeas Corpus, Mandamus,
Prohibition, Certiorari, and Quo Warranto.
 Fundamental Rights are seen as the foundation of any
democratic society since they guarantee individuals' freedom to express
themselves, practise their faith, and live without fear of discrimination or
exploitation. They advance equality and social justice by protecting the rights of
marginalised and vulnerable populations.

Fundamental duties:
While Fundamental Rights highlight individual rights and freedoms,
Fundamental Duties underline citizens' responsibilities and obligations to the
nation and society. Fundamental Duties are not enforceable under law, and
residents are required to fulfil them willingly in order to contribute to the
country's well-being and prosperity. Fundamental Duties were added to the
Indian Constitution by the 42nd Amendment in 1976. The Indian Constitution
lists ten Fundamental Duties, which include:
 To uphold the Constitution and its principles and institutions, as well as
the National Flag and the National Anthem.
 To cherish and uphold the lofty values that fuel the liberation struggle.
 To defend and protect India's sovereignty, unity, and integrity.
 When called upon, to defend the country and provide national service.
 To foster unity and the feeling of shared brotherhood among all Indians,
regardless of religious, linguistic, regional, or sectional differences.
 To value and maintain our diverse culture's rich legacy
 To preserve and develop the natural environment, including woods,
lakes, rivers, and wildlife, as well as to show compassion for all living
things
 To foster a scientific temperament, humanism, and a spirit of inquiry and
reform.
 To protect public property and to avoid violence.
 To strive for excellence in all aspects of individual and group activities.

Fundamental Duties remind us that citizenship entails specific

responsibilities to the nation and its people. They aim to foster citizens a
sense of civic consciousness, social responsibility, and national pride.
While they are not legally binding, they serve an important function in
instilling a feeling of duty and obligation in individuals.

The distinction between fundamental rights and fundamental duties:

Nature:
Fundamental Rights: Fundamental Rights are legal rights that are legally
enforceable. If a citizen's Fundamental Rights are violated, they can seek
restitution through the judiciary.

Fundamental Duties: On the other hand, fundamental duties are moral

and ethical requirements that persons are expected to fulfil voluntarily.
They are not legally binding.

Focus:
Fundamental Rights: Fundamental Rights are primarily concerned with
the protection of individual liberties and freedoms. They guarantee
citizens' right to live in dignity and without prejudice.

Fundamental Duties are the responsibilities and duties that citizens have
to the nation and society. They emphasise citizens' roles in nation-
building and social harmony.

Enforceability:
Fundamental Rights Violations can result in legal action, including the
filing of writ petitions in courts. The judiciary is critical in protecting these
rights.

Fundamental Duties: No legal mechanism exists to enforce Fundamental

Duties. Citizens are expected to fulfil them freely out of a sense of civic
responsibility.

Origin:
Fundamental Rights are frequently implicit in the concepts of democracy
and human rights. They protect citizens from potential government
misuse of power.

Fundamental Duties: In some constitutions, such as the Indian

Constitution, fundamental duties are a very recent inclusion. They were
introduced to encourage civic awareness and social responsibility.

Number:
Fundamental Rights: The number of Fundamental Rights varies per
country. Originally, India had six Fundamental Rights, however additional
rights have been added through revisions.
Fundamental Duties: The number of Fundamental Duties varies by
country. There are eleven Fundamental Duties in India.

Mechanism of Enforcement:
Fundamental Rights: Fundamental Rights violations can be contested in
court, and citizens can seek remedies such as compensation or orders to
stop the violation.

Fundamental Duties: There is no explicit method for reporting or

resolving Fundamental Duties infractions. Their realisation is dependent
on citizens' conscience and goodwill.

Act of Balance:
Fundamental Rights: Fundamental Rights must sometimes be balanced
against one another or against the interests of the state. For example, to
safeguard national security, the right to free expression may be limited.

Fundamental Duties: Fundamental Duties are not subject to such

balancing actions because they are intended to be undertaken willingly
by citizens.

Evolution:
Fundamental Rights: The concept of Fundamental Rights is older and is
based on the idea of defending individual liberties and human rights. Its
origins can be traced back to historical writings such as the Magna
Carta.

Fundamental Duties: The concept of Fundamental Duties is a more

recent addition to constitutional law.

In a democratic society, fundamental rights and fundamental

duties are two sides of the same coin. While Fundamental Rights protect
individual liberties and offer a legal framework for citizens to seek
redress, Fundamental Duties emphasise the moral and civic
commitments that citizens should voluntarily follow in order to
contribute to society's and the nation's well-being. In a democratic
society like India, they form the cornerstone of responsible and involved
citizenry.