RIGHTS & DUTIES

TOPIC: Polity

Context- Rights and duties are closely related and cannot be separated from one another.

Concept-

Rights and duties are closely related and cannot be separated from one another. For every right, there is a corresponding duty.
The State protects and enforces rights and it is the duty of all citizens to be loyal to the state. Thus a citizen has both Rights and Duties.
Indian Constitution provides its citizens with the Fundamental Rights and lists the Fundamental Duties to be followed by them.
- Fundamental Rights (Part III of the constitution).
- Fundamental Duties(Part IVA of the constitution).

What are fundamental rights?

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens.
Fundamental rights are enforceable by the courts, subject to certain conditions.
Articles 12-35 of Part-3 of Indian Constitution deal with Fundamental Rights.
- Right to Equality (Article 14-18)
- Right to Freedom (Article 19-22)
- Right against Exploitation (Article 23-24)
- Right to Freedom of Religion (Article 25-28)
- Cultural and Educational Rights (Article 29-30)
- Right to Constitutional Remedies (Article 32)
Fundamental rights are not absolute as they have reasonable restrictions subjected to the conditions of state security, public morality and decency and friendly relations with foreign countries.
Fundamental rights can be amended by the Parliament by a constitutional amendment without altering the basic structure of the Constitution.
Certain fundamental rights are available only to the citizens, namely: Article 15, 16, 19, 29, 30.

What are fundamental duties?

Fundamental duties basically imply the moral obligations of all citizens of a country.
Currently there are 11 fundamental duties under Article 51A, Part IV-A of the Constitution.
Originally, the fundamental duty of India was not a part of the Indian Constitution.
The Fundamental Duties were added in 1976, upon recommendation of the Swaran Singh Committee that was constituted by Indira Gandhi just after the declaration of national emergency.
10 duties were added by the 42nd Amendment and 11th duty was added by the 86th Amendment in 2002.
Fundamental Duties are non-justiciable and hence can’t be taken to the court of law (non-enforceable).