The Relationship between Fundamental Rights and Fundamental Duties

The Indian Constitution is a synthesis of almost 60 Countries. It is a longest written Constitution in the world, its embedded with Preamble, Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV) by the founding fathers of the constitution to ensure that there should be fairness and justice for every citizen of India. These three may be described as the soul of the Constitution and responsible for born of  the Fundamental Duties (Part IV-A) in the Constitution.

Rights Vs Duties has made very clear view :

I. Lot of resistant is required while exercising this freedom.

II. The absolute freedom is an illusion and cannot survive alone.

III. The fundamental rights need to be paired with fundamental duties.

IV. Duties emphasise obligation, Rights emphasize claims

V. Duties done is the cause, Rights satisfied is the effects.

Relationship between Rights and Duties :

• Every right give rise to a corresponding duties. In the word of Mahatma Gandhi :

"The true source of right is duty. If we also discharge our duties, right will not be far to seek."

• All rights to be deserved and preserved come from corresponding duty.

• Rights and Duties of the citizens are correlative and inseparable.

• It is State to protect and enforce rights of all citizen. While citizens has both rights and duty.

• The fundamental duties are the mechanism that aims at striking a balance between individual freedom and social interests. 

• According to the Supreme Court judgement, the Fundamental Duties are as important as Fundamental Rights.

• Interestingly, Article 51A(k) was introduced as a fundamental duty in 2002, along with Article 21A as a fundamental right. 

Challenges :

• Lack of awareness and sensitivity towards rights and duties.

• Sometime it is difficult to understand by common man.

• Duties are non-enforceable in nature.

• Has article 51A served its purpose, and if not, where have the people who worked the provision defaulted in the discharge of their democratic duties of citizenship and failed their fellow citizen?

Way Forward :

• Everybody should remember that entitlements come with duties and responsibilities as well.

• The grassroots approach should be to work earnestly and give practical expression to both the rights and duties that democracy entails.

• The Universal Declaration of Human Rights also declares : "Everyone has duties to the community in which alone the free and full development of the personality is possible."

• Verma Committee suggestions -  to make fundamental duties more effective.

The fine relationship between two may be explained by Lippmann words -

"For every rights that you cherish you have a duty which you must fulfill. For every hope that you entertain, you have task you must perform. For every good that you wish could happen... You will have to sacrifice your comfort and ease. There is nothing for nothing any longer."

There is strong necessity to maintain a strong balance between the rights and duties. One does not have existence as well as the meaning without the other.

References

Yojana

E-book

M. Laxmikant