A new chapter 4A has been added to Part 4 of the Constitution by the 42nd
Amendment Act 1976 of the Indian Constitution, which has been termed as
the basic duty of Indian citizens. The Swarn Singh Committee
recommended the addition of basic duties to the Indian Constitution. The
rights and duties are interdependent, so the constitutional amendment
presented was passed to remove this deficiency because the basic
fundamental rights were mentioned in our constitution but there was no talk
about the basic duties.
Sources of Fundamental Duties - Basic duties have not been explicitly
mentioned in any democratic constitution of the world. But on the contrary,
in the constitution of communist countries, special emphasis is given to the
basic duty of citizens rather than rights and they are also clearly mentioned.
The basic duties in our constitution are also derived from the constitution of
the former Soviet Union.
Under Article 51A, every citizen of India shall have duties:
Follow the constitution and respect its ideals, institutions, nationalism
and national anthem.
In the heart the high ideals that inspired our national movements for
freedom,Preserve and uphold.
Protect and preserve the sovereignty, unity and
integrity of India
Protect the country and serve the nation when called upon
. Build a sense of harmony and equal fulfillment among all the people of
India, which is beyond all discrimination based on religion language and
region or class, abandon practices that are against the honor of women
Understand and preserve the importance of the glorious tradition of our
Protect the natural environment under which forest, lake, river and
wildlife are also there, support them and have compassion for only animal.
Develop scientific approach, humanism and the spirit of learning and
Protect public property and abstain from violence.
Make a continuous effort to move towards excellence in all spheres of
individual and collective activities so that the nation continues to strive to
reach new heights of achievement, this is
the parents and counterparties of children from the age of 14 to the age of
6 duties will provide an opportunity to education (the basic duty
has been added to the 86th article 51A Constitution Amendment Act 2000).
Whether the Indian Citizens can be punished for violation of basic duties - the
basic duty in the Indian Constitution that Anna is not made punishable. In
the case of All India Institute of Medical Sciences student 2001 SC, the
Supreme Court also determined that the basic duty is not enforceable like
fundamental rights. The 42nd Constitutional Amendment empowers
Parliament to make laws to provide punishment for convicted persons in
case of violation of basic duty.
Whether it can be determined that the citizens have violated their basic
duty or not. The
basic duty is properly followed by the citizen, for this it is very important
that they are fully aware of the subject. Most of the people of India are
illiterate and do not have any knowledge of the rights and duties conferred
by the constitution, so it is necessary that they should be informed about it.
This will be possible only when proper arrangements are made to educate
them in every area of life, whether they are educational institutions or
centers of their work, for this, the nation will have to work properly for this.
The moral duty and the power of public opinion is behind the basic duty. If
a person violates his basic duties, then he violates the basic rights of the
other person and violation of the basic rights is punishable, hence the basic
duty has not been made punishable by our constitution.
Fundamental duties do not impair basic rights, but balance them. Its deliberation Part 3 of the Indian Constitution guarantees fundamental rights.
Fundamental rights are protected against the state and this protection is
provided to the citizens of India by the Constitution of India. The
Fundamental Duties are described in Part 4A and Article 51A of the Indian
Constitution. The Fundamental Rights have been conferred on the citizens
and people residing in India even if they are not citizens of India and in
violation of them, the constitutional remedies are given in the Supreme
Court under Article 32 and can be challenged under Article 226 in High
Court. The basic duties of every citizen are also imposed more in the Indian
Constitution. Rights and duties are two sides of a coin and are dependent
on each other. Compliance of basic duties is the responsibility of every
citizen of India. If they have been granted fundamental rights by the Indian
constitution and they have also been protected by the constitution, then
they should comply with the fundamental duty assigned to them by the
constitution. The basic duty has not been made punishable by the
constitution but if you demand your rights, then you should have some
obligations and duties. Therefore, we can say that the basic duties do not
impair the fundamental rights but balance them and generate a sense of
responsibility among the citizens of India.
Some public interest litigants related to the basic duty
Shyam Narayan Chowksey vs Union of India AIR 2018 SC 357
Actor in the Supreme Court in this suit that whenever the national anthem
is played, it is mandatory to show respect to it. Provisions of this Public Interest Litigation:
Constitution of India Article 32, to direct the respondent group to compel
the public to show due respect to it at the time of national anthem and to
make orders provisions for not using its business.
The National Pride Insult Prevention Act, 1971, section two and section 3
honoring the national anthem were binding on each person.