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Fundamental Duties under the Indian Constitution

Updated: Feb 12, 2022

BACKGROUND TO THE FUNDAMENTAL DUTIES


Since time immemorial the emphasis in Indian society following the dictates of the historical scriptures were at the individual’s kartavya, this is the overall performance of one’s responsibilities closer to society, our nation, and especially closer to one’s mother and father


The Bhagavad Gita, Ramayana, the Quran, the Bible as well as other religious texts and doctrines enjoin human beings to carry out their responsibilities without worrying for his or her rights (or fruits).




Mahatma Gandhi aptly stated that:


"The true source of right is duty. If we all discharge our duties, rights will not be far to seek. Rights accrue automatically to him who performs his duties. The right to perform one’s duties is the only right worth living for and dying for. It covers all legitimate rights."


The regulation and its restrictive cycles suggest a person, approximately about his privileges and duties as a unit of the overall public. Right is a hobby diagnosed and guarded through a rule or justice while responsibility is a compulsory act.

Rights and responsibilities are co-relative and consequently no proper can exist without a co-relative responsibility. The Constitution of India ensures Fundamental Rights for the human beings of India below Part III (Article 12 to 35) of the Constitution.

The composers accompanied the American version in embracing and becoming a member of those simple rights within side the Constitution.


These are sure simple, natural, and inalienable rights. These were mentioned as essential rights all collectively that human freedom is probably stored human individual created and an effective pal and recognition primarily based totally lifestyles advanced.


Part IV (Article 36 to 51) titled Directive Principles of State Policy carries the directives and responsibilities for the State. The thought for inclusive of withinside the Constitution such Principles is drawn from the Constitution of Ireland, 1937.


These component units forth the beliefs and goals to be accomplished through the State for putting in in India asocial welfare kingdom as prominent from a trifling police kingdom, which ambitions at social welfare and the not unusual place appropriate and to steady to all its residents justice-social and economic.


WHAT ARE FUNDAMENTAL DUTIES?


But the framers of the Constitution did now no longer claim any essential responsibilities of the residents. However, Part IV-A (Article 51-A), which includes the Fundamental Duties of the Citizens of India, changed into introduced withinside the Constitution through the Constitution 42nd (Amendment) Act, 1976.


Fundamental Duties much like the Directive Principles are considered as obligations and responsibilities that are bestowed upon the citizens but are not legally enforced by law. Since the creation of rights must necessarily accompany the creation of duties, which were heralded by the 42nd Constitution Amendment of 1976.

This was necessary because for any successful democracy rights and duties are an essential part of the democratic structure.

Fundamental Duties

These responsibilities were introduced to put in force the pointers of the Swaran Singh Committee pronounced in 1976. None of the Constitutions of the Western international locations, in particular, affords the responsibilities of the residents. On the alternative hand, the Constitutions of socialist international locations lay incredible emphasis on the responsibilities.


FUNDAMENTAL DUTIES:


Part IV-A (Article 51-A) of the Constitution provides the following fundamental duties of every citizen, which were added by the 42nd Amendment of the Constitution of India in 1976 :


(a) To abide by the Constitution and respect its ideals and institutions, 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 the people of India transcending religious, linguistic, and regional or sectional diversities; 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 wildlife, 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 endeavor and achievement;


(k) Who is a parent or guardian to provide opportunities for education to his child or as the case may be ward between the age of six and fourteen years. (Added by the 86th Constitutional Amendment of 2002)


With the inclusion of those essential responsibilities, our Constitution has been brought in line with the Universal Declaration of Human Rights (UDHR), 1948, International Covenant on Civil and Political Rights (ICCPR, 1966), and also the Constitutions of U.S.S.R, China, Sri Lanka.

Fundamental Duties

IMPORTANCE & NEED OF FUNDAMENTAL DUTIES:


(a) Fundamental Duties as enshrined withinside the Constitution of India have outstanding ethical values and may be termed as ethical precepts or the expected behavioral patterns of the residents of India towards the nation.


Fundamental Duties of residents serve a useful purpose. In particular, no democratic polity can ever succeed where the residents are now no longer willing to be active participants in the technique of governance with the aid of using assuming obligations and discharging citizenship responsibilities, and coming ahead to offer their high-quality to the country.


(b) These responsibilities are meant to create psychological consciousness among the residents and are meant to function as a steady reminder to each citizen that while the Constitution specifically conferred upon them certain essential rights, it also requires residents to observe certain basic norms of democratic behavior.


(c) These responsibilities set up and toughen the democratic balance. This study like a poem, crossing all barriers of politics. They are beacon lights of a citizen, guiding him in his functions.


(d) Moreover, the courts can take help of those responsibilities to interpret the provisions contained in Part III and Part IV of the Constitution. Supreme Court of India has emphasized that Fundamental Rights aren't to be studied in isolation. They have to be studied along with Chapter IV and IV-A of the Constitution.



CONCLUSION:


Emphasizing the importance of Fundamental Duties, recently, on 23rd February 2012, the apex court in the famous case of Re-Ramlila Maidan vs. Home Secretary, Union of India and Others held that a common thread runs through Parts III, IV, and IVA of the Constitution of India.

While decoding any of those provisions, it shall usually be really helpful to observe the scope and effect of such interpretation on all of the 3 constitutional components rising from those parts. It will create an imbalance if the undue or disproportionate emphasis is positioned upon the proper of a citizen without thinking about the importance of the duty.


The real supply of proper is duty. When the courts are referred to as upon to observe the reasonableness of a legislative restriction on the exercise of freedom, the essential responsibilities enunciated under Article 51A are of relevant consideration.

All those responsibilities are now no longer insignificant. They compliment the obligations of the State. Thus, all those responsibilities are of constitutional importance.


Thus, essential responsibilities are the foundations of human dignity and countrywide character. There is a want to reconcile the claims of the person citizen and people of the civic society and to orient, the person citizen to take heed to his social and citizenship obligations and so form the society that all of us end up solicitous and considerate of the inalienable rights of our fellow residents.


Therefore, cognizance of our citizenship responsibilities is as critical as cognizance of our rights. This needs to be executed with the aid of using a systematic and intensive education of the people, that is, with the aid of using publicity or with the aid of using making it a part of the syllabi and curriculum of education.

Homes, Universities, offices, and their places of work need to be made centers for imparting in the overall performance in their obligations.


If each citizen performs his responsibilities irrespective of considerations of caste, creed, shade, and language, maximum of the malaise of the contemporary polity will be contained, if now no longer eradicated, and the society as an entire uplifted.

Rich or poor, in electricity or out of electricity, obedience to citizenship duty, in any respect charges and risks, is the essence of civilized life.


It is incorrect to say that Fundamental Duties are now no longer enforceable and are a mere reminder. They have the element of compulsion regarding compliance. So, to make certain a devoted and powerful implementation of the Fundamental Duties, there's a want to enact suitable legislation wherever necessary to require obedience of the responsibilities with the aid of using the residents.


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Pooja
Pooja
Jul 28, 2023

Checkout this notes on constitution for more information.

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