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Rights Vs Duties

Rights Vs Duties

What is the Relationship between Rights and Duties?

The Evolution of democratic societies revolves around the expansion of both individual and group rights. These rights are bolstered by the fulfillment of corresponding duties, and they work in harmony rather than opposition. In the Indian Constitution, fundamental rights include equality, freedom, protection against exploitation, freedom of religion, cultural and educational rights, and the right to Constitutional remedies. Alongside these rights, citizens also have the important duty to safeguard the integrity and sovereignty of the nation. Additionally, their duties encompass promoting harmony, brotherhood, and nurturing qualities like scientific temper, humanism, and a spirit of inquiry.

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What was the view held by the constituent assembly?

Emphasizing the significance of dignity played a crucial role in ensuring fundamental human rights such as equality, autonomy, liberty, and more. However, it’s essential to note that these rights were not considered absolute. In fact, Part III of the constitution outlined certain restrictions on these rights. Any limitation on these rights would require approval through the legislative process and should align with the principles of reasonableness as laid out in the constitution. This balance ensures that while rights are protected, there are also safeguards in place to prevent their abuse.

How did fundamental duties evolve?

The original constitution did not include these elements. They were introduced following the suggestions of the Swaran Singh Committee and implemented through the 42nd constitutional amendment, specifically Article 51A. This amendment encourages citizens to embrace noble ideas and safeguard India’s sovereignty, among other important provisions.

What is the relationship between duties and state?

  • Shifting the focus of state policy to prioritize duty is not the ideal approach.
  • It’s essential to recognize that citizens don’t inherently owe duties to the state.
  • Individual citizens’ obligations and duties become meaningful when their rights are safeguarded by the state. For instance, if citizens have the right to use public roads, they naturally have a duty to follow traffic rules. This means that citizens cannot be expected to adhere to traffic rules without first being granted the right to use public roads. Rights and duties go hand in hand in this context.
  • Unfortunately, as the state increases its control and imposes more restrictions, it often encroaches on the rights of its citizens. This can lead to a challenging situation where both rights and duties are compromised.

Read Also: Order of Externment and Infringement on Fundamental Rights 

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