Fundamental Rights (Articles 12–35) and Fundamental Duties (Article 51A), enshrined in the Indian Constitution, form an interdependent duo, balancing individual liberties with civic responsibilities. Like two sides of a coin, they ensure personal freedoms do not devolve into anarchy, fostering a harmonious society where rights are exercised dutifully.
Fundamental Rights, borrowed from the American Bill of
Rights, guarantee justiciable protections: equality (Article 14),
non-discrimination (15–16), life and liberty (21), freedom of speech (19), and
cultural rights (29–30). They empower citizens against state arbitrariness, as
seen in Maneka Gandhi v. Union of India (1978), expanding Article 21 to include
due process. These rights underpin democracy, enabling dissent, mobility, and
dignity.
Yet, unchecked rights risk entitlement. Enter Fundamental
Duties, added by the 42nd Amendment (1976) amid Emergency-era introspection,
inspired by the Soviet Constitution. The 11 duties—ranging from abiding by the
Constitution and promoting harmony to protecting the environment and scientific
temper—impose moral imperatives on citizens. Though non-justiciable, they guide
judicial interpretation; courts have invoked them to qualify rights, like
restricting hate speech under Article 19(2).
This symbiosis is evident in jurisprudence. In AIIMS
Students Union v. AIIMS (2001), the Supreme Court mandated duty education in
curricula, linking rights-enjoyment to responsible citizenship. Duties temper
rights: environmental protection (51A(g)) justifies curbs on exploitative
freedoms, while national unity (51A(e)) counters divisive expressions.
Critiques highlight imbalances—rights dominate discourse,
duties remain aspirational, with weak enforcement. Proposals for justiciability
persist, but the framers intended duties as ethical nudges, not punitive tools.