Question

Short difference between fundamental rights and fundamental duties

Answer 1

Fundamental Rights and Fundamental Duties both emanate from the Constitution and the difference therein lies between the connotation of the terms ‘Rights’ and ‘Duties’.

A Fundamental Right is a right vested in you guaranteed by the Constitution which gives effect to your optimum realization as a citizen of your Country and even more so as a human being. Therefore, your right to free speech, education, shelter et al are your fundamental rights - impregnable, untouchable and unfettered (subject to reasonable restraints in the interest of national security, public order, decency, morality, etc). So in the event you are deprived in the exercise of your FRs, you have a redress in the Courts against the State.

Fundamental Duties on the other hand are guiding principles and directions for the citizens and the State to ensure collective action towards welfare of the society. So the duty to preserve your heritage, to respect national symbols, to keep your surroundings clean et al is a duty which one cannot have a redress against in the Courts but in good faith is expected to follow to ensure a a well functioning society.

(Note there are other technical and pedantic differences too which don’t deserve elaborate discussion for the purpose of this post. The fundamental difference therefore lies in the justiciable nature of these two corresponding provisions in the Indian Constitution).