Introduction
Fundamental duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India and concern the individuals and the nation.
These are mentioned in part IV-A of the constitution of India. These are not enforceable by the law. Article 51 A talks about fundamental duties and they are the following:
- To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
- To cherish and follow the noble ideals which inspired our national struggle for freedom.
- To uphold and protect the sovereignty, unity, and integrity of India.
- To defend the country and render national service for the nation’s security when called upon to do so.
- To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, social and regional or sectional diversities to renounce practices derogatory to the dignity of women.
- To value and preserve the rich heritage of our composite culture
- To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures.
- To develop the scientific temper, humanism and the spirit of inquiry and reform.
- To safeguard public property and to abjure violence.
- 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.
- 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.
According to the 86th constitutional amendment in 2002, it is the duty of the people of India to adapt to make India a safer place to live, to be clean and make the surrounding clean and not to hurt anybody physically and mentally.
Importance of Fundamental Duties
- They remind citizens that while enjoying fundamental rights they should also concerned towards the duties they owe to their country, state or fellow citizens.
- Fundamental duties also act as a warning against anti-national or anti-social activities like burning of national flag or destroying any public property etc.
- They act as an inspiration to the citizens and promote a sense of discipline and commitment towards their country. They also create a sense of active participants in the realisation of national goals.
- They help courts in examining the constitutional validity of laws. In 1992, SC held that determining the constitutional validity, if a court finds that the law in question seeks to affect the fundamental duty such law is reasonable in relation to Article 14 and Article 19 and can save such law from unconstitutionality.
- They are enforceable by law and parliament can impose punishment or penalty for the failure to fulfil them.
The fundamental duties incorporated in the constitution by 42nd amendment are statutory duties and shall enforceable by law.
Case Law
M.C. Mehta vs. Union of India
In this case, supreme court held that under article 51A(g) it is the duty of the central govt. to introduce compulsory teaching of lessons at least for one hour in a week on protection and improvement of natural environment in all the educational institutions of the country. It directed the central govt. to get textbooks written on that subject and distribute them to the educational institutions for free. In order to arouse amongst the people, the consciousness of cleanliness of environment, it suggested the desirability of organising keep the city clean week, keep the town clean, keep the village clean week in every city, town and village throughout the India at least once in a year.
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