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Fundamental Duties

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Biswaraj raul
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33 views2 pages

Fundamental Duties

Uploaded by

Biswaraj raul
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Fundamental Duties

Introduction
 Duties and rights are correlated and inseparable.
 Where there is a right there is a duty.
 Rights are given to the people from the very beginning.
 However duties of state were incorporated in the form of DPSP.
 Later in 1976, the fundamental duties of citizens were added.
 These are inspired by the constitution of USSR.
Fundamental Duties
 Part IV deals with the FD.
 It consists of only Article 51A.
 It was added to the constitution by 42nd amendment ,1976.
 This article specifies a code of 11 FDs.
 The FDs were added by 86th CAA 2002.
Swaran Singh Committee on Fundamental Duty:

 It opined that in addition to enjoyment of certain rights by the citizens they also have certain
duties to perform as well. This recommendation was accepted by the government
 A new section Part IVA was added and only one article was inserted in it
Some recommendations of the committee which were not accepted include:

 Parliament may provide for any penalty for failure to adhere to any FD
 No law imposing such penalty could be questioned in the court
 Duty to pay taxes should also be a fundamental duty of the citizens

Article 51A
Article 51A says that, it shall be the duty of every citizen of India
1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the
National Anthem
2. Cherish and follow the noble ideals that inspired the national struggle for freedom
3. Uphold and protect the sovereignty, unity and integrity of India
4. Defend the country and render national service when called upon to do so
5. Promote harmony and the spirit of common brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the
dignity of women
6. Value and preserve the rich heritage of the country’s composite culture
7. Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have
compassion for living creatures
8. Develop scientific temper, humanism and the spirit of inquiry and reform
9. Safeguard public property and to abjure violence
10. Strive towards excellence in all spheres of individual and collective activity so that the nation constantly
rises to higher levels of endeavour and achievement
11. Provide opportunities for education to his child or ward between the age of six and fourteen years. This
duty was added by the 86th Constitutional Amendment Act, 2002
What is the Significance of Fundamental Duties?
 Rights and duties are correlative.
 The Fundamental Duties are intended to serve as a constant reminder to every citizen that while the
Constitution specifically conferred on them certain fundamental rights, it also requires citizens to
observe basic norms of democratic conduct and democratic behaviour.
 These serve as a warning to the people against the anti-social activities that disrespect the nation like
burning the flag, destroying the public property or disturbing public peace.
 These help in the promotion of a sense of discipline and commitment towards the nation. They help in
realising national goals by the active participation of citizens rather than mere spectators.
 It helps the Court in determining the constitutionality of the law. For instance, any law passed by the
legislatures, when taken to Court for constitutional validity of the law, if it is giving force to any
Fundamental Duty, then such law would be taken as reasonable.
Enforcement of Fundamental Duties :
 It is to be noted that Art.51-A merely declares the fundamental duties and it does not speak about for their
enforcement.
 The fundamental duties are statutory duties and are enforceable by a law passed by the parliament.
 They are imposed on the citizens and not upon the state,
 Hence the legislation is necessary to implement them.(FDs)
In- Bijoe Emmanuel V. State of Kerala
 The SC held that proper respect was shown by the students to the National Anthem by standing up in silence
when the National Anthem was sung.
 By not joining in the singing, the court held, did not amount to committing disrespect to the national
anthem.
In -AIIMS Students Union v. AIIMS
 it was held by the Supreme Court that fundamental duties are equally important like fundamental
rights.
 Though fundamental duties are not enforceable like fundamental rights they cannot be overlooked as
duties in Part IV A.
 They are prefixed by the same word fundamental which was prefixed by the founding fathers of the
Constitution to ‘right’ in Part III.

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