Fundamental Duties

Fundamental Duties

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 composite culture
  • 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 improvement.
  • 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
  • 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.
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