The concept of Rights & Duties in the Indian context is a foundational constitutional concept, balancing individual liberty with civic responsibility. Fundamental Rights are enshrined in Part III of the Constitution, spanning Articles 12 to 35, and are legally enforceable entitlements guaranteed to citizens and, in some cases, all persons. Their origin lies in the Indian independence movement, with early demands for rights appearing in the Swaraj Bill, 1895, and they were included to protect individual liberties from state encroachment. The six categories of rights include the Right to Equality (Articles 14-18), the Right to Freedom (Articles 19-22), and the Right to Constitutional Remedies (Article 32). The mechanism for their enforcement is their justiciability, allowing an aggrieved person to move the Supreme Court under Article 32 or the High Courts under Article 226 for the issuance of writs like Habeas Corpus.
Fundamental Duties are a separate concept, listed in Part IV-A under a single Article 51A, and represent the moral obligations of citizens towards the nation. They were not part of the original Constitution but were added by the 42nd Amendment Act in 1976, based on the recommendations of the Swaran Singh Committee, to highlight the obligations of citizens while enjoying their rights. Originally ten in number, they are non-justiciable, meaning they cannot be enforced by courts, but they serve as a code of conduct.
The two concepts are connected, as the 86th Amendment Act of 2002 made a significant change by introducing the Right to Education under Article 21A for children aged six to fourteen years, simultaneously adding the 11th Fundamental Duty under Article 51A(k). This new duty obligates every parent or guardian to provide educational opportunities to their child or ward between the ages of six and fourteen years, directly linking a fundamental right to a fundamental duty. Another major change was the removal of the Right to Property from the list of Fundamental Rights by the 44th Constitutional Amendment in 1978. The core principle that Fundamental Rights can be amended by Parliament without altering the Basic Structure of the Constitution was established in the judgment of Kesavananda Bharati v. State of Kerala (1973).