Fundamental Duties

Chapter -1

 

Fundamental Duties

fundamental duties According to Sir. John Salmon, an eminent jurist, “Right and duties are correlative”. He says that rights and duties exist side by side. No right can exist without correlative duty. The right of one may be duty of the other.  As the Indian constitution provided fundamental right under Part -3, it is also imposed fundamental duties under Part -4 A, which contains Art.51-A.   Part-4-A of  the  constitution  containing  only  one  Article 51-A  deals  with  fundamental  Duties. It (ART.51-A) was inserted to the constitution by the constitution (forty second amendment) act, 1976. The fundamental duties may create rights in favour of the society. They constitute a social interest. In view of the concept of public interest litigation, the fundamental duty may be interpreted to enforce the duty, which citizen is bound to do.  

Fundamental duties.—It shall be the duty of every citizen of India—

(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 wild life, and to have compassionfor 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.  

Objects:- The main object of the fundamental duties is to  remind/enlighten every citizen that, while enforcing fundamental rights, he must also be conscious of his fundamental duties. One cannot enforce his fundamental rights without adhering to the fundamental duties prescribed in Art.51-A.

Enforcement of fundamental duties:- IT is noted that Art.51-A merely declares the fundamental duties  and it does not speak about for their enforcement. The fundamental duties are statutory duties and are enforceable by a law passed by the parliament. They are imposed on the citizens and not upon the state, and hence, legislation is necessary to implement them (fundamental rights). In Bijoe Emmannuel vs State of Kerala, AIR 1987 SC 748-The Supreme Court held that proper respect was shown by the students to the national Anthem by standing up in silence when the National Anthem was sung. By not joining in the singing, the court held, did not amount to committing disrespect to the National Anthem. For successful implementation of the fundamental duties, every effort should be made to make the public know/realize the importance of the fundamental duties. Since most of the people in our country are illiterates, wide publicity should be given by a systematic and intensive education to the people.