Fundamental Duties – India

Fundamental Duties were added to Indian constitution by 42nd amendment in 1976 on recommendations of Swarn singh committee

Initially 10 Fundamental Duties were added under article 51 A in part 4 – A through 42 amendment, Later via 86th amendment 11th Fundamental Duty was added in 2002

Fundamental Duties are basically statuary duties & are enforceable by law (Means violation of these duties can be met with punishment as prescribed by legislature of India)

a) To abide by the Constitution and respect the National Flag and the National Anthem;

b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

c) to uphold and protect the sovereignty, unity and integrity of India;

d ) to defend the country and render national service when called upon to do so;

e ) to promote harmony and the spirit of common brotherhood amongst all people of India, transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women;

f ) to value and preserve the rich heritage of our composite culture;

g ) to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures;

h ) to develop the scientific temper, humanism and the spirit of inquiry and reform;

i ) to safeguard public property and to abjure violence;

j ) to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of Endeavour and achievement.“

k ) to provide opportunities for education by the parent the guardian, to his child, or a ward between the age of 6-14 years as the case may be.

An analysis of the above duties reveals that they are applicable only to citizens and not to the aliens & expected that a citizen of India while enjoying fundamental rights, should also perform these duties. Although there is no provision in the constitution for direct enforcement of any of these duties, yet, the courts are guided by these duties while interpreting various laws
  • Addition of Fundamental Duties along with exceptions to FR’s limits the operation & free enjoyment of FR’s
  • Some of the duties are very difficult to comprehend & also do not appear to be capable of legal enforcement but only best regarded as directory to Indian citizens
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2 Comments

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