How do fundamental duties place limit on the rights? class 11 politica...
Ans.
Indian Constitution Fundamental duties are correlative to fundamental rights.
*Fundamental rights are negative rights i.e. they are limitations upon arbitrariness of the government.Citizens has to repay that by following certain fundamental duties for the betterment of the state.
*Right to education is a fundamental right under article 21A whereby it is provisioned to provide free and compulsory education to children of 6–14 years age group.
Fundametal duties under article 51A provision a responsibility on parents and guardians to send Children of 6–14 years age group to school.
Here right and duty are complementary.
*If constitution is respected by everyone as provided in duty then only state and all stake holders will follow fundamental rights.
*As per duty,every Indian should respect rich heritage of our freedom struggle and cherish its noble ideals.
It will make them aware of Gandhi's ideals of Harizon Seva,Sarvodaya i.e.Upliftment of all ——->Respect to Fundamental rights e.g.Prohibition of discrimination on the ground of race,caste,creed,sex,place of birth(article 15) and abolition of untouchabolity(article 17).
Here Duties will make a true right follower.
*Duties provide a responsibilty on Indians to uphold her integrity,sovereignty and Unity.
Rights provide reasonable restrictions on ground of public order and morality---->It will help in upholding integrity/unity/soveriegnty of the country.
*Cultural and educational rights are provided to religious and liguistic minorities--->it will help in respecting rich heritage of our composite culture.
*Freedom of speech,assembly,movement etc (article 19) are provided to improve the nation collectively from individual efforts towards excellence as provided in duties.
*Right to life and liberty(articel 21) has provision for clean environment.
Fundamental duties provide a responsiblity upon citizens to preserve forests,lakes,rivers,wildlife etc--->a clean and green environment.
Hence rights are correlative to duties.
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How do fundamental duties place limit on the rights? class 11 politica...
Introduction:
Fundamental duties are a set of moral obligations and responsibilities that are enshrined in the Indian Constitution. These duties were added to the Constitution through the 42nd Amendment in 1976. They serve as a reminder to citizens about their responsibilities towards the nation and society.
Limitations on rights:
The fundamental duties, although not legally enforceable, play a significant role in placing limits on rights. These duties act as a moral check on the exercise of rights by individuals. Here are some ways in which fundamental duties place limits on rights:
1. Balancing individual and societal interests:
- Fundamental duties help strike a balance between individual rights and societal interests.
- They remind citizens that while enjoying their rights, they should also consider the welfare and well-being of society.
- For example, the duty to promote harmony and the spirit of common brotherhood among all citizens places a limit on the exercise of freedom of speech and expression if it incites hatred or promotes discord among different communities.
2. Preservation of sovereignty and integrity:
- Fundamental duties emphasize the importance of preserving the sovereignty and integrity of the nation.
- They require citizens to respect the national flag, national anthem, and the unity of the country.
- This places a limit on the exercise of certain rights that may pose a threat to national unity or integrity, such as the right to secession or the right to propagate separatist ideologies.
3. Respect for public property and institutions:
- Fundamental duties stress the need to protect public property and institutions.
- They require citizens to cherish and follow noble ideals that inspired the freedom struggle.
- This places a limit on the exercise of rights such as the right to protest or assemble, as it prohibits the destruction of public property or disruption of public institutions.
4. Duty towards the environment:
- Fundamental duties highlight the importance of protecting and improving the natural environment.
- They require citizens to have compassion for living creatures and to protect and improve the environment.
- This places a limit on the exercise of rights that may harm the environment, such as the right to pollute or degrade natural resources.
Conclusion:
Fundamental duties serve as a moral guide for citizens, reminding them of their responsibilities towards society and the nation. While fundamental rights guarantee individual freedoms, these duties place limits on those rights to ensure the well-being and interests of society as a whole. By striking a balance between individual rights and societal interests, fundamental duties contribute to the harmonious functioning of a democratic society.