Describe the fundamental duties prescribed under Article 51A.

Question: Describe the fundamental duties prescribed under Article 51A. [MPJS 2013]

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Answer:

The Fundamental Duties are a part of our constitution through Article 51-A of Part IV- A. Fundamental duties aim to function as a reminder to every citizen that although the constitution has granted them certain Fundamental Rights that cannot be taken away or violated by the State, the constitution also demands that the citizens practice some essential norms of democratic conduct in a civil society.

Duties and Rights are interlinked, if you can enjoy the liberty and power that rights have conferred on you, you also have an obligation to obey the fundamental duties that your state expects of you. The Fundamental Duties for citizens were added through the 42nd Amendment in 1976. The idea of incorporating Fundamental Duties in the Indian Constitution was taken from the USSR Constitution. Initially, there were only 10 duties but the 11th was added through the 86th Amendment, 2002.

In the case of Mohan Kumar Singhania v. Union of India [AIR 1992 SC 1], it was held that the statutes which have been drafted as per Article 51 of the constitution are legitimate. To understand the Fundamental Rights in totality, one needs to take Fundamental Duties into consideration. Therefore, Fundamental Duties help in striking a balance between the demands of the citizens and the expectations of the civil society and legal structure.

In the case of Chandra Bhavan Boarding and Lodging Bangalore v. State of Mysore and Another [AIR 1970 SC 2042], it was decided by the Supreme Court that it is neither feasible nor fair for our constitution to ensure fundamental rights to citizens without expecting certain duties and obligations in return. The Court stated that –

“It is a fallacy to think that in our Constitution, there are only rights and no duties. The provisions in Part IV enable the legislature to build a welfare society and that object may be achieved to the extent the Directive Principles are implemented by legislation.”

This judgment paved the way for the 42nd amendment as fundamental duties began to be seen as integral. Regarding enforcement of Fundamental Duties is to note that like Directive Principles, they also cannot be legally enforced unless a situation arises where the fundamental duty is associated with a statute for the breach. However, as per the case of Mumbai Kamgar Sabha v. Abdulbhai [AIR 1976 SC 1455], the court stated that one could resort to Article 51- A in situations where the constitutionality of any legislation has been questioned and needs to be determined.

The 11 essential Fundamental Duties mentioned in Article 51A are:

1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
2. to cherish and follow the noble ideals which inspired our 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 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;
6. to value and preserve the rich heritage of our composite culture;
7. to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures
8. to develop the scientific temper, humanism, and the spirit of inquiry and reform;
9. to safeguard public property and to abjure violence;
10. 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;
11. 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?

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