Fundamental Duties in the Indian Constitution

Fundamental Duties in the Indian Constitution

Fundamental duties are enshrined in Article 51A under Part IVA. The fundamental duties in the Indian Constitution are inspired by USSR.

The Fundamental Duties were added to the constitution through the 42^nd Constitutional Amendment Act 1976, on the basis of the recommendation of the Swaran Singh Committee.

• Originally Fundamental Duties were ten in number and increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years.
• Fundamental duties stressed that the citizens should become conscious that in addition to the enjoyment of rights, they also have certain duties to perform as well.
• The Fundamental duties are available only to citizens of India, not to foreigners.

List of Fundamental Duties

These are 11 in number: 

1. to abide by the constitution and respect its ideals and institutions, the National Flag, and the National anthem;
   • Legal enforcement: (a). Prevention of Insult to National Honour Act, 1971 and (b). Emblems and Names (Prevention of improper use) Act1950
2. to Cherish and Follow the Nobel ideals that inspired the national struggle for freedom;
3. to uphold and protect the sovereignty, unity, and integrity of India;
4. to defend the country and render national service when called upon to do so;
5. to promote harmony and spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities and to renounce practices derogatory to the dignity of women;
   • Legal enforcement: (a). Protection of Civil Rights Act, 1955. (b). Unlawful Activities (Prevention) Act 1967, (c). Representation of the People Act 1951, (d). Indian Penal Code (IPC)

6. to Value and preserve the rich heritage of the country’s composite culture;
   • Legal Enforcement: The Ancient Monuments and Archaeological Sites and Remains Act, 1958.
7. to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures;
   • Legal Enforcement: (a). Water (Prevention and Control of Pollution) Act 1974, (b). Air (Prevention and Control of Pollution) Act 1981, (c). The Atomic Energy Act 1962, (d). The Biological Diversity Act, 2002, (e). Environment Protection Act, 1986.
8. to develop scientific temper, humanism, and the spirit of inquiry and reform;
9. to safeguard public property and to abjure violence;
   • Legal Enforcement: Prevention of Damage to Public Property Act, 1984
10. to strive towards excellence in all spheres of Individuals and collective activity so that the nation constantly rises to higher levels of endeavor and achievement;
11. to provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86^th Constitutional Amendment Act, of 2002.
    • legal Enforcement: Right of Children to Free and Compulsory Education Act, 2009.

Features of Fundamental Duties:

• The Fundamental Duties are confined to citizens only and do not extend to foreigners.
• These are non-justiciable.
• The constitution does not provide for their direct enforcement by the courts.
• No legal section against their violation.
• The Parliament is free to enforce them by suitable legislation.

 

 

You can also read:

• List of some important Constitutional Amendments
• Directive Principles of State Policy
• The Fundamental rights

 

Reference: https://en.wikipedia.org/wiki/Fundamental_Rights,_Directive_Principles_and_Fundamental_Duties_of_India

 

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