Relationship Between Fundamental Rights And Duties | Law Optional Notes for UPSC PDF Download

Introduction

Certain fundamental conditions of social life are necessary for individuals to be their best selves. These conditions are essential for both individual and societal well-being. The rights of individuals play a crucial role in allowing them to develop their personalities and contribute positively to society. Rights and duties are interconnected and cannot be separated; they are two sides of the same coin. When the state grants a citizen a right, it also imposes a corresponding obligation to protect that right and respect the rights of others.
For example, if a person has the right to life, they also have a duty not to endanger their own life or the lives of others. The right to work and earn money comes with the responsibility to acknowledge and respect the same right in others. Rights can only exist in a world where individuals fulfill their duties. Each right is accompanied by a corresponding obligation. When individuals fail to fulfill their duties, all rights lose their meaning.
Rights are not the exclusive property of one person; they are equally distributed to everyone. This means that others have the same rights, and it is the responsibility of each individual to ensure that these rights are exercised. In other words, "I can exercise my rights only if others permit me to do so as well. I have a 'right to life,' and it is the responsibility of others to respect that right and refrain from causing me harm." Rights are a shared responsibility.
Rights are closely tied to duties, and they are essential for the health of both individuals and society. Societies give rise to rights, and it is the duty of every citizen to use their rights to promote the common good. Citizens have a duty to be loyal to the state, obey its laws, and pay taxes honestly. They should also be willing to defend the state when necessary. Thus, a citizen possesses both rights and obligations, and the terms "Rights" and "Duties" are synonymous.

What Are Rights?

Every citizen in India has the right to live in freedom. However, these rights can only be enforced when another person intends to commit an act that infringes upon those rights. Citizens also have a responsibility to protect the rights of others in society. Therefore, duty and rights are intertwined, and when one person neglects their duty, it can result in a violation of another person's rights.
In this article, we will delve into the jurisprudence of rights and duties and explore their interrelationship.
To better grasp the concept of rights, let's examine various definitions provided by prominent jurists:

• John Austin defined a right as when another person or others are legally obligated to do or abstain from doing something toward or in regard to an individual.
• Jhering described rights as legally protected interests, although not all interests are safeguarded by the law. The law protects specific interests in the pursuit of justice.
• Salmond defined a right as an interest protected by law, but it must not only be recognized but also legally recognized to be considered interesting.
• Holland defined legal rights as the capacity of one person to control the actions of others with the consent and assistance of the state, aligning with Austin's definition.
• The Supreme Court of India, in the State of Rajasthan v Union of India, defined rights as interests protected by law through corresponding duties imposed on others. In a broader sense, it refers to immunity from another's legal power, where immunity is an exemption from another's power, just as liberty is an exemption from another's right. Immunity implies non-subjection.

Components of Legal Rights

According to Sir John Salmond, each legal right comprises five fundamental components:

• The Person of Inherence: This refers to the individual or entity holding the right, without whom the right cannot exist. It may encompass not only an individual but also society as a whole.
• The Person of Incidence: This is the person obligated to respect another person's rights. When someone fails in their duty, the other party has a right against them.
• The Right's Contents: This includes the obligation to perform an act.
• The Right's Object or Subject-Matter: This is what the right pertains to, the thing over which it is exercised.
• Title: Every legal right has a title, indicating the facts or events by which it was acquired from its previous owner.

Various Types Of Legal Rights

The Indian Constitution safeguards the rights of individuals, particularly through Fundamental Rights, which are considered the most vital rights and can be enforced by petitioning the Supreme Court of India or a High Court in case of violation.
These rights encompass:

• Equal Rights (Article 14)
• Right to liberty (Article 19)
• Anti-Exploitation Rights (Article 23 and 24)
• Religious Liberty (Article 25)
• Protection against the Death Penalty (Article 21)
• Constitutional Rights to Redress (Article 32)

Protection Of Legal Rights

Legal rights can be enforced through state-established Courts of Law, typically through the award of damages in civil cases. In cases where damages are insufficient, the object in question may be restored. Courts may also order specific performances or grant injunctions to prevent the violation of legal rights, as outlined in the Specific Relief Act of 1963.

Understanding Duties

• In general, a duty is an obligation, while a right is a privilege. They may exist as a matter of morality or law. For instance, a person may have a moral obligation not to injure another's feelings. However, case law and statutes establish the legal framework or parameters for determining when defamatory communications constitute defamation and the procedures for seeking redress.
• A duty is an obligation that a person owes to another person. If a person violates his duty and infringes on another's right, he must bear the consequences of the violation. Numerous distinguished jurists have also defined duty in the following manner.
• Keaton: A duty is an action that should be enforced by the state in order to protect the people's rights and also to protect their interests.
• Salmond: A duty is an action that every citizen is obligated to perform in furtherance of the protection of other people's rights.
• A duty can be classified into two types: moral and legal.

Duties Classification

Duties can be classified into various categories, including:

• Principal and Secondary Responsibilities: Primary duties stand independently, while secondary duties depend on other duties.
• Positive and Negative Duties: Positive duties are prescribed by law, while negative duties involve actions prohibited by law.
• Absolute and Relative Duties: Relative duties relate to specific rights, while absolute duties are unrelated to any particular right. They include self-regarding obligations, duties to society, obligations to entities other than humans (e.g., animals or the state), and duties to the sovereign or state.

The Indian Constitution Enlarges The Scope Of Duties

Article 51A of India's constitution imposes certain obligations on every citizen. According to Article 51 A of the Indian constitution, "it shall be the duty of every Indian citizen."

• To uphold the Constitution's provisions and the National Flag and National Anthem;
• To safeguard India's sovereignty and integrity;
• To adhere to the noble ideals of national conflict
• To protect the country and assist in national service when called upon
• To safeguard the country's national heritage;
• To promote and preserve the brotherhood of the Indian people.
• To safeguard women's dignity
• To safeguard the natural environment, which includes forests, lakes, rivers, and wildlife;
• To safeguard public property and to avoid violence; To contribute to the nation's development in all spheres.

Comparative Analysis Of Fundamental Responsibilities And Fundamental Rights

• Fundamental Rights and Fundamental Duties are both derived from the Constitution, with the distinction being in the connotation of the terms 'Rights' and 'Duties'.
• A fundamental right is guaranteed to all citizens and is enforceable by law; if an individual's fundamental rights are violated, the individual has the right to bring an action in court. Thus, an individual right to free speech, education, and shelter, among other things, constitutes one's fundamental rights - impregnable, untouchable, and unrestricted (subject to reasonable restraints in the interest of national security, public order, decency, morality, etc). As a result, one can assert that rights are legally recognisable.
• On the other hand, fundamental duties are not legally enforceable. It is the responsibility of both states and individuals to contribute to social welfare. Thus, the duty to preserve one's heritage, to respect national symbols, to keep one's surroundings clean, and so forth, is one that cannot be redressed in the courts but is expected to be followed in good faith to ensure a well-functioning society. Thus, it can be said that duty is moral in nature; there are no consequences for failing to perform one's duty; however, if one's rights are violated, there are legal consequences for infringing one's right to enjoyment.

Relationship Between Rights And Duties

• The relationship between rights and duties in the Indian Constitution is intertwined and essential. Every right comes with a corresponding responsibility, and this applies to various aspects of life, including legal, political, social, and economic matters. Fundamental Rights and Fundamental Duties in the constitution outline both the state's obligations to citizens and citizens' duties and rights towards the state.
• Fundamental Rights are the basic human rights of all citizens, regardless of factors like birthplace, caste, gender, religion, or creed. These include the right to equality, freedom, protection from exploitation, religious freedom, cultural and educational freedom, and constitutional protection. These rights are not absolute; they have limitations, such as the need to respect defamation laws and national security.
• Fundamental Duties are the moral obligations of citizens to contribute to patriotism, unity, and the protection of India's sovereignty, environment, heritage, culture, and public property. Citizens also have a duty to promote brotherhood, scientific temper, education, and collective activity. Additionally, citizens are expected to stay informed about community issues, obey laws, respect others' opinions, participate in community activities, follow traffic rules, pay taxes, and defend the country when necessary.
• The Universal Declaration of Human Rights acknowledges the importance of both rights and obligations in a community. Without these complementary elements, a democratic society cannot function effectively, and it could lead to anarchy. Rights are akin to reaping the benefits of development, while duties involve contributing to that development.
• A responsible citizen is someone who fulfills their responsibilities while exercising their rights. The balance between rights and responsibilities is a hallmark of a democratic nation, contributing to individual and societal development. Our interconnected world means that one person's right depends on another person fulfilling their duty.
• In the realm of legal theory, discussions about rights and duties often reference Wesley Hohfeld's work. Hohfeld argued that rights carry both legal advantages (claim rights) and corresponding duties. For example, the right to life imposes a duty on the state to refrain from taking lives except in limited circumstances.
• Contemporary legal theory recognizes that rights, particularly human rights, generate a cluster of duties and obligations. These obligations can prevent interference with individual liberty or require action and resource allocation to uphold rights. Rights are considered the moral and political justification for imposing these obligations, emphasizing the precedence of rights over duties once they are codified into law.

Conclusion

• In light of these discussions, it's crucial to recall Dr. B.R. Ambedkar's words in the Constituent Assembly, emphasizing that the individual is the fundamental unit of the Constitution. When discussing 'Duties,' we should also consider the obligations of those in positions of power. Those in authority should not exploit their power over others. Before expecting citizens to fulfill their duties, it's essential to ensure that everyone receives the full measure of humanity, dignity, equality, and freedom guaranteed by the Constitution.
• At a philosophical level, the idea that 'duties precede rights' or that rights are derived from duties is inconsistent with the liberal concept that rights should take precedence over duties. Asbjrn Eide, President of the Advisory Committee on the Council of Europe's Framework Convention for the Protection of National Minorities, has argued that 'human duties should be derived from human rights, and their sole purpose should be to strengthen the respect for and protection of human rights.' In terms of legal theory, unless duties are seen as corresponding to rights and explicitly linked to established rights, they may imply a rejection of liberalism, which emphasizes individual rights and the need for state coercion to be justified.
• Therefore, political arguments that prioritize duties over rights can have significant implications for constitutional and legal structures. They go beyond mere rhetoric and directly challenge the liberal values that underlie human rights. In essence, there's a real risk that a discourse focused solely on duties, without considering rights, may weaken rights protections, whether intended or not. Thus, the following part of this chapter will explore how 'duties' can be articulated in a manner consistent with a liberal rights framework.