Question

any three different between fundamental rights and fundamental duties​

Answer 1

Answer:

Difference between fundamental rights and fundamental duties

Explanation:

Fundamental Rights was borrowed from the Constitution of United States of AmericaFundamental Duties were taken from the Constitution of the former Soviet Union (USSR). 

The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, applied irrespective of race, place of birth, religion, caste, creed, or gender. The Fundamental Duties’ are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India.

Fundamental Rights are an integral part of the Constitution hence it cannot be taken away. Fundamental rights can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended.Fundamental Duties can be taken away. However the need for suspension of Fundamental Duties during emergency does not arise.

The Fundamental Rights are not absolute because they can be controlled and are subject to reasonable restrictions for the protection of general welfareFundamental Duties are absolute in nature

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Answer 2

Answer:

Explanation:

Fundamental Rights :

• Part 3 of the Constitution of India contains the Fundamental Rights guaranteed to the citizens of India. Articles 12-35 of the Constitution of India deals with Fundamental Rights.
• Fundamental Rights was borrowed from the Constitution of United States of America.
• The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, applied irrespective of race, place of birth, religion, caste, creed, or gender.
• Fundamental Rights are an integral part of the Constitution hence it cannot be taken away. Fundamental rights can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended.
• The Fundamental Rights are not absolute because they can be controlled and are subject to reasonable restrictions for the protection of general welfare
• Not all the citizens of India can enjoy Fundamental Rights absolutely. An example would be personnel belonging to the Indian Military.
• Fundamental Rights are enforceable through the Supreme Court and High Courts. As per Article 32, the Supreme Court can enforce Fundamental Rights. As per Articles 226, High Courts can issue writs for enforcement of Fundamental Rights.
• Fundamental Rights are amenable on the condition that it is subject to basic structure
• Some of the Fundamental Rights are available exclusively to the Citizens of India only, whereas some of the Fundamental Rights are extended to foreigners as well.
• Fundamental Rights are Political and Social in character. There is no scope for guaranteed economic rights, since it doesn’t mention anything about a guaranteed job.
• Some of the Fundamental Rights are available against an individual and some of the Fundamental Rights are available against the State as well.

Fundamental Duties :

• Article 51-A contained in the Part IV A of the Constitution of India deals with Fundamental Duties.
• Fundamental Duties were taken from the Constitution of the former Soviet Union (USSR)
• The Fundamental Duties’ are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India.
• Fundamental Duties can be taken away. However the need for suspension of Fundamental Duties during emergency does not arise.
• Fundamental Duties are absolute in nature
• Fundamental Duties are extended to all Indian Citizens including Personnel belonging to Indian Military.
• Fundamental Duties cannot be enforced through Courts.
• Fundamental Duties are absolutely amenable
• Fundamental Duties are provided only to the citizens of India. Fundamental Duties are not extended or binding on Foreigners.
• Fundamental duties are political, social and economic in character.
• Obligations of Fundamental Duties are expected less towards an individual and as a whole towards a nation or society.

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