Fundamental Duties in Indian constitution
The moral responsibility of all people to support the unity of India and advance patriotism are known as the Fundamental Duties. These obligations, which are outlined in Part IV-A of the Constitution, affect both people and the country.
A Chapter IV-A with just one Article 51-A dealing with a Code of Ten Fundamental Duties for Citizens was added by the 42nd Amendment Act of 1976. Because rights and duties are related, fundamental duties are meant to act as a continual reminder to every citizen that while the constitution specifically granted them with certain Fundamental Rights, it also required them to obey some basic norms of democratic conduct and behaviour.
SCOPE
Fundamental duties are obligatory in nature. But there is no provision in the constitution for direct enforcement of these duties. There is no sanction either to prevent their violation. However the importance of fundamental duties can be gauged from the following facts:
a. As rights and duties are the two side of the same coin, it is expected that one should observe oneβs duties in order to seek the enforcement of oneβs fundamental rights, in the context if a person approaches the court for the enforcement of any of his fundamental rights, the court may refuse to take a lenient view of him if it comes to know that the concerned individual has no respect for what is expected of him by the state as a citizen of the country.
b. They can be used for interpreting ambiguous statutes. The court may look at the fundamental duties while interpreting equivocal statutes which admit of two constructions.
c. While determining the constitutionality of any law , if court finds that it seeks to give effect to any of the duties, it may consider such law to be βreasonableβ, and thereby , save such law from unconstitutionality.
Value and Importance of fundamental duties in India :-
a) They serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society and to their fellow citizens.
b) They serve as a warning against the anti-national and antisocial activities like burning the national flag, destroying public property and so on.
c) They serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them. They create a feeling that the citizens are no mere spectators but active participants in the realization of national goals.
The importance of fundamental duties is that they define the moral obligations of all citizens to help in the promotion of the spirit of patriotism and to uphold the unity of India.
The chart below lists the 11 Fundamental Duties under Article 51-A that every Indian citizen must follow:
S.No | 11 Fundamental Duties |
1 | Respect the Indian Constitution’s values and institutions, as well as the National Flag and National Anthem. |
2 | Keep in mind and uphold the great principles that motivated the nation’s fight for independence. |
3 | Maintain and safeguard India’s sovereignty, unity, and integrity. |
4 | When called upon, defend the country and perform national service. |
5 | Promote tranquilly and a feeling of universal brotherhood among all Indians, regardless of religious, linguistic, regional, or sectional differences, and condemn behaviours that are demeaning to women’s dignity. |
6 | To appreciate and protect the rich heritage of the countryβs diverse culture |
7 | To preserve and develop the natural environment, including woods, lakes, rivers, and wildlife, as well as to have compassion for all living things. |
8 | Develop a scientific temperament, humanism, and an inquiring and reforming mentality. |
9 | To protect public property and to avoid violence |
10 | To strive for excellence in all spheres of individual and collective activity, so that the nation is always striving for greatyer levels of success and endevour. |
11 | Provide educational opportunities for his kid or ward between the ages of six and fourteen. The 86th Constitutional Amendment Act of 2002 added this duty. |