The document examines the relationship between fundamental rights and duties in the Indian Constitution, emphasizing their importance in maintaining a balance between individual freedoms and societal responsibilities. It outlines the categories of fundamental rights and the duties imposed on citizens, highlighting that while these rights are enforceable, the duties are generally not. The interplay of these rights and duties is essential for the progress and harmony of Indian society, promoting individual dignity and collective responsibility.

1. Fundamental duties
complement
Fundamental Rights
By
Swapnanil Bose
Class – 9, Section – A, Roll No. – 36
History Project

2. Fundamental duties complement Fundamental Rights
Introduction:
The Constitution of India is the supreme law of the land,
which lays down the basic framework and principles for the
governance of the country. It was adopted by the
Constituent Assembly of India on 26th November 1949 and
came into effect on 26th January 1950. The Indian
Constitution is unique in the sense that it not only
guarantees a set of fundamental rights to its citizens but
also imposes certain duties and responsibilities upon them.
This blog aims to explain the fundamental rights and duties
enshrined in the Indian Constitution.

3. Fundamental duties complement Fundamental Rights
The concept of fundamental rights and duties in the Indian
Constitution has evolved significantly since its inception.
These elements form the bedrock of Indian democracy,
ensuring a balance between individual freedoms and societal
responsibilities. Understanding the historical evolution of
these rights and duties is crucial to appreciate their current
interpretation and application in India’s diverse and dynamic
society.

4. Fundamental duties complement Fundamental Rights
•What are Fundamental Rights as per Indian
Constitution?
The Constitution offers all citizens, individually and
collectively, some basic freedoms. These are guaranteed in the
Constitution in the form of six broad categories of
Fundamental Rights, which are justifiable. Article 12 to 35
contained in Part III of the Constitution deal with Fundamental
Rights. These are:

5. Fundamental duties complement Fundamental Rights
- Fundamental Rights
1. Right to equality, including equality before law, prohibition of
discrimination on grounds of religion, race, caste, sex or place
of birth, and equality of opportunity in matters of employment.
2. Right to freedom of speech and expression, assembly,
association or union, movement, residence, and right to
practice any profession or occupation (some of these rights are
subject to security of the State, friendly relations with foreign
countries, public order, decency or morality).
3. Right against exploitation, prohibiting all forms of forced
labour, child labour and traffic in human beings

6. Fundamental duties complement Fundamental Rights
- Fundamental Rights (cont.)
4. Right to freedom of conscience and free profession,
practice, and propagation of religion.
5. Right of any section of citizens to conserve their culture,
language or script, and right of minorities to establish and
administer educational institutions of their choice; and
6. Right to constitutional remedies for enforcement of
Fundamental Rights.

7. Fundamental duties complement Fundamental Rights
- Fundamental Duties
•What are Fundamental Duties as per Indian
Constitution?
By the 42nd Amendment of the Constitution, adopted in
1976, Fundamental Duties of the citizens have also been
enumerated. Article 51 'A', contained in Part IV A of the
Constitution deals with Fundamental Duties. These enjoin
upon a citizen among other things

8. Fundamental duties complement Fundamental Rights
- Fundamental Duties
1.To abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem.
2.To cherish and follow the noble ideals which inspired our
national struggle for freedom.
3.To uphold and protect the sovereignty, unity and integrity of
India.
4.To defend the country and render national service when called
upon to do so.
5.To promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistic
and regional or sectional diversities.
6.To value and preserve the rich heritage of our composite
culture.

9. Fundamental duties complement Fundamental Rights
- Fundamental Duties (cont.)
7. To protect and improve the natural environment including
forests, lakes, rivers and wildlife, and to have compassion for
living creatures.
8. To develop the scientific temper, humanism and the spirit of
inquiry and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher
levels of endeavour and achievement.
11. To provide opportunities for education to their child or ward,
between the age of 6 and 14 years.

10. Fundamental duties complement Fundamental Rights
PURPOSE OF FUNDAMENTAL DUTIES:
• Every citizen should realise that the first is to Defend the country and
promote harmony of the nation; that is, the national interest should
be ahead of every action and goal.
• Indian Fundamental Duties include abiding by the Indian
Constitution, respecting our flag, keeping a sense of respect for the
national anthem and protecting public property.
• In this constitution, through the 42nd Amendment Act 1976, the
fundamental duties of citizens were listed. Article 51 ‘A’ embodied in
Part IV of the Constitution deals with Fundamental Duties. In India,
January 6 is celebrated as “Fundamental Duties Day”.

11. Fundamental duties complement Fundamental Rights
Enforcement of Fundamental Duties:
• The Court cannot enforce fundamental Duty. Meaning is
unenforceable.
• There is no mention of any law in the constitution for the
direct enforcement of these duties or the redressal of
their violation.
• But if any law is made keeping in mind Article 14 and
Article 19, it will be honourable.

12. Fundamental duties complement Fundamental Rights
Criticism of Fundamental Duties:
• Some other essential subjects not included in this list like paying
taxes, family planning and voting etc.
• Many Fundamental Duties are not defined correctly. That’s why it is
difficult to understand.
• There is no talk of enforcement of duties, which is the main criticism.
Because for this reason it has not been implemented well till now.
• Some experts believe that by including it in Part-4A, the value of
Fundamental Duties gets reduced following the policy directive
principles.

13. Fundamental duties complement Fundamental Rights
Swaran Singh Committee:
• This committee was highly important, and no discussion
on fundamental duties can be considered complete
without referring to this one, irrespective of other
provisions.
• There was no mention of Fundamental Duties in the
original Constitution of India. In 1976, the Indira Gandhi
government constituted a committee under the
chairmanship of Sardar Swaran Singh.

14. Fundamental duties complement Fundamental Rights
Swaran Singh Committee (cont.)
• This committee recommended eight Fundamental Duties,
but the government added ten duties.
• But three suggestions of these committees were not
considered by the government.
• Parliament should be given the power to make laws for the
implementation of these duties and to punish for the
violation.
• Such a law will be valid even if it violates the fundamental
right.
• The duty to pay taxes should also be a fundamental duty of
the Indian people.

15. Fundamental duties complement Fundamental Rights
Difference between Fundamental Rights and Directive
Principles of State Policy:
Fundamental Rights are the individual rights guaranteed
by the Constitution, while Directive Principles of State
Policy are the guidelines and principles for the
governance of the country.
While Fundamental Rights are justiciable, Directive
Principles of State Policy are not enforceable by the
courts.

16. Fundamental duties complement Fundamental Rights
Can the Fundamental Rights be suspended during an
emergency?
Yes, during a national emergency declared under Article
352 of the Constitution, the Fundamental Rights can be
suspended except for Articles 20 and 21.
Can Fundamental Rights be amended?
Yes, Fundamental Rights can be amended without affecting
the basic structure of the Constitution.
What happens if a law is in violation of Fundamental Rights?
If a law is in violation of Fundamental Rights, it can be struck
down by the courts as unconstitutional.

17. Fundamental duties complement Fundamental Rights
Can Fundamental Rights be restricted by the state?
Yes, Fundamental Rights can be restricted by the
state, but only if there is a reasonable basis for such
restriction. For example, the right to free speech and
expression can be restricted if it poses a threat to
national security or public order.
Are Fundamental Rights absolute?
No, Fundamental Rights are not absolute. They are
subject to reasonable restrictions, as mentioned in the
Constitution.

18. Fundamental duties complement Fundamental Rights
What is the difference between legal rights and
Fundamental Rights?
Legal rights are rights that are recognized by law and
can be enforced by the courts. Fundamental Rights,
on the other hand, are the basic rights guaranteed to
citizens by the Constitution. While legal rights can be
limited or modified by the law, Fundamental Rights are
protected by the Constitution and cannot be taken
away or limited by the law.

19. Fundamental duties complement Fundamental Rights
Conclusion:
The Indian Constitution provides for both fundamental rights
and duties, which are essential for the well-being and progress
of the society. While fundamental rights ensure the dignity
and development of the individual, fundamental duties
emphasize the responsibilities and obligations of the citizens
towards the society and the country. It is the duty of every
citizen of India to respect and uphold these fundamental
rights and duties, which are the foundation of our democracy
and the progress of our country.

20. Fundamental duties complement Fundamental Rights
Conclusion (cont.)
The Fundamental Rights and Duties are the cornerstone of the
Indian Constitution. They ensure that every citizen of India is
guaranteed certain rights and is aware of their duties towards
the society and the country. While the Fundamental Rights
protect the dignity and development of the individual, the
Fundamental Duties promote social cohesion, patriotism, and
national integration. It is the duty of every citizen of India to
respect and uphold these Fundamental Rights and Duties,
which are the bedrock of our democracy and the progress of
our country.

21. Fundamental duties complement Fundamental Rights
Conclusion (cont.)
The interplay of fundamental rights and duties
is pivotal for the progress and harmony of
Indian society. These constitutional provisions
not only protect individual liberties but also
foster a sense of collective responsibility, crucial
for the nation’s holistic development.

22. Fundamental duties complement Fundamental Rights

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