Fundamental Duties: Article 51 A
Published on: 6 July, 2020
What are the Fundamental Duties?
Fundamental Duties are a set of 11 duties which are added in Part 4A of the Indian Constitution. There are added in the Constitution by the 42nd Constitutional Amendment Act. These Fundamental Duties are given under Article 51A. Every Indian must follow these Fundamental duties.
What is the need for Fundamental Duties?
We know that Part 3 of the Indian Constitution gives various rights to various individuals. These Fundamental Duties were not part of the original Constitution. They were added as part of the 42nd Constitutional amendment in the year 1976. There was a need felt by the State that the citizens of India must follow these principles to show respect to our Nation.
Respecting the National Flag of India is a Fundamental duty of each citizen.
What are the 11 Fundamental Duties?
The 11 Fundamental Duties are given under Part 4A of the Indian Constitution. There are under Article 51A. They say that it shall be the duty of every citizen of India –
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;
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.
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.
Are Fundamental Duties enforceable?
The Fundamental Duties are enforceable by law when Parliament makes a specific law on them. If Parliament decides to provide penalty under their law for not following these duties then it is punishable. For example, we have various laws made by the Parliament like the Flag code of India, 2002.
Important cases related to Fundamental Duties
1. In the case of Bijoe Emmanuel v. State of Kerala, 1986, (National Anthem Case), 3 children got expelled from the school for refusing to sing the National Anthem of India. The government of Kerala had made the National Anthem compulsory in the schools. They refused to sing the National Anthem as according to them it was against their faith. They challenged their expulsion in the court. The Supreme Court reversed the decision of the High Court and said that they did not commit any offence. The court said that there is no law under which their rights under Article 19 (1) (a) can be curtailed. Under this article, their right can only be curtailed by law and not by any executive action. So the court said that expulsion of children from the school was a violation of their right to silence.
Court also said that restriction of the Freedom of religion can only be allowed if it falls within the exception article 25 clause 1 and 2.
2. In M.C. Mehta 2 v. Union of India, 1983, the Supreme Court has held that under Article 51 A (g) it is the duty of the government of India to introduce compulsory teaching of environment protection. The court directed the Central government to distribute free environment books and teach them in schools.
