IRJMSH Vol 7 Issue 5 [Year 2016] ISSN 2277 – 9809 (0nline) 2348–9359 (Print)

ENFORCEMENT OF FUNDAMENTAL DUTIES OF CITIZENS

Chandrahasa
Assistant Professor of Law, M Krishna Law College,
Hassan. Karnataka. 573201

INTRODUCTION:

The fundamental duties (FDs) provided under Article 51-A in the Indian Constitution
cannot come into force automatically neither can these duties be enforced by judicial process.
The Constitution, like directive principles, leaves to the good will of citizen to abide these
provisions. According to the constitutional expert D.D.Basu, the constitution does not make any
provision to enforce these duties automatically or any sanction to prevent the violation of these
duties of the citizen. However, it is expected that if a law is enacted by the legislature to enforce
these provisions, it shall not be declared unconstitutional on the ground of its inconsistency with
the provisions of Article 14 and that of 19. Acc to him, these provisions would act as warning to
all those who does indulge in not paying due regard to the constitution and destroying public
property. The Supreme Court may issue such warning to citizen to take these provisions
seriously. The legislature may also enact laws to enforce these duties. In fact, there are already
many laws which directly or indirectly enforce these duties.

FEATURES OF FUNDAMENTAL DUTIES:

Unlike some of the fundamental rights which extend to all persons whether citizens or
foreigners, the Fundamental Duties are confined to citizens only and do not extend to foreigners.

Like the Directive Principles, the Fundamental Duties are also non-justiciable. The
constitution does not provide for their direct enforcement by the courts. Moreover, there is no
legal sanction against their violation. However, the parliament is free to enforce them by
suitable legislation.

Some of the Fundamental Duties are moral duties while others are civic duties. For
example, cherishing the noble ideals of freedom struggle is a moral duty and respecting the
constitution, National Flag & National Anthem is a civic duty.

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Fundamental Duties refer to such values which have been a part of the Indian tradition,
mythology, religions and practices. In other words they essentially contain just a codification of
tasks integral to the Indian way of life.

USEFULNESS OF DUTIES:

Fundamental Duties of Citizens serve a useful purpose. In particular, no democratic

policy can ever succeed where the citizens are not willing to be active participants in the process
of governance by assuming responsibilities and discharging citizenship duties and coming
forward to give their best to the country. Some of the Fundamental Duties enshrined in Article
51-A have been incorporated in separate laws. For instance, the first duty includes respect of the
National Flag and the National Anthem. Disrespect is punishable by law. To value and preserve
the rich heritage of the mosaic that in India should help to weld our people into one nation but
much more than Article 51-A will be needed to treat all human beings equally, to respect each
religion and to confine it to the private sphere and not make it a bone of contention between
different communities of this land. In sum, that Article 51-A has travelled a great distance
since it was introduced in the 42nd Constitution amendment, 1976 and further
consideration should be given to ways and means to popularize the knowledge and content
of the Fundamental Duties and effectuate them.

The most important task before us is to reconcile the claims of the individual citizen and
those of the civic society. To achieve this, it is important to orient the individual citizen to be
conscious

of his social and citizenship responsibilities and to shape the society that we all become
solicitors and considerate of the inalienable rights of our fellow citizens. Therefore, awareness
of our citizenship duties is as important as awareness of our rights. Man does not live for
himself alone. He lives for the good of others as well as of himself. It is this knowledge of what
is right and wrong that makes a man responsible to himself and to the society and this knowledge
is initiated by imbibing and clearly understanding one’s citizenship duties. Fundamental Duties
are the foundations of human dignity and national character. If every citizen performs his duties
irrespective of considerations of caste, creed, color and language, most of the malaise of the
present day policy could be contained, if not eradicated, and the society as a whole uplifted. Rich

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or poor, in power or out of power, obedience to citizenship duty, at all cost and risks, is the
essence of civilized life.

ENFORCEABILITY OF FUNDAMENTAL DUTIES:

It is true that there is no legal sanction provided for violation or non-performance of

Fundamental Duties. There is neither specific provision for enforceability nor any specific
prohibition.

However, Fundamental Duties have an inherent element of compulsion regarding

compliance. It is said that by their nature, it is not practicable to enforce the Fundamental Duties
but can be enforced by suitable legislation and departmental rules of conduct. Appropriate
sanctions can be provided for lapse in respect of each Fundamental Duties and it is quite
practicable to enforce the sanction against every citizen holding a public office; for instance,
departmental promotions can be deferred, increments can be withheld etc., If an officer takes part
in a strike or stalls the proceedings of the institution he can be made to forgo the salary for that
day. Likewise, sanctions can be provided for professional bodies such as the Bar Council of
India, the Medical Council of India, the Institute of Chartered Accountants & the Institute of
Engineers etc., It is no longer correct to say that Fundamental Duties enshrined in Article 51-A
are not enforceable to ensure their implementation and are a mere reminder. Fundamental Duties
have the element of compulsion regarding compliance. What is needed is to enact suitable
legislation wherever necessary to require obedience of the duties by the citizens, with legal
sanctions. There is need for comprehensive legislation in this area to ensure a faithful and
effective implementation of the Fundamental Duties.

A number of judicial decisions are available towards the enforcement of certain clauses
under Article 51-A. Comprehensive legislation is needed for clauses (a), (c), (d), (g) and (i). The
remaining 6 clauses, which are exhortation of basic human values, have to be developed amongst
citizens through the education from primary level of education to the higher and professional
levels.

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JUDICIAL PRONOUNCEMENTS TOWARD ENFORCING FUNDAMENTAL DUTIES:

In Chandra Bhavan Boarding & Lodging, Bangalore Vs State of Mysore (1969) 8 SCC 84,
the Court held; “It is a fallacy to think that under our Constitution there are only rights and no
duties. While rights conferred under part III are fundamental, the directives given under part IV
are fundamental in the governance in the country. We see no conflict on the whole between the
provisions contained in part III and Part IV. They are complementary and supplementary to each
other. The provisions of part IV enable the legislatures and the Government to impose various
duties on the citizens. The provisions therein are deliberately made elastic because the duties to
be imposed on the citizens depend on the extent to which the directive principles are
implemented. The mandate of the Constitution is to build a welfare society in which justice –
social, economic and political, shall inform all institutions of our national life. The hopes and
aspirations aroused by the Constitution will be belied if the minimum needs of the lowest of our
citizens are not met”.

Officers in All India Services (Administrative, Forest, Police etc.,) were not taking the
training seriously resulting in deterioration of the services. Service rules were amended so as to
give weightage to the training and penalize the failure. On a challenge being laid to the
constitutionality of the amendment in the Rules in Mohan Kumar Singhania & others Vs
Union of India (1992) Supp. 1 SCC 594, in order to uphold the validity of the amendment,
Ratnavel Pandian, J. drew strength from Article 51-A. Referring to clause (j), which
commands every citizen of India 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, it was held that the effort taken by the Government in giving utmost importance to
the training programme of the selectors, so that this higher civil service being the top most
service of the country is not wasted and does not become fruitless during the training period is in
consonance with the provisions of Article 51-A(j). The constitutionality of the amendment was,
thus upheld.

In several cases, the Supreme Court has upheld the validity of laws relating to ecology
and environment and has made directions binding the citizens and the State finding the source of
power to do so in Article 51-A. In Rural Litigation and Entitlement Kendra & Others Vs
State of U.P. & others (1986) Supp.SCC 517, Ranganatha Misra. J, held “Preservation of the

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environment and keeping the ecological balance unaffected is task which not only governments
but also every citizen must undertake. It is a social obligation and let us remind every citizen
that it is his Fundamental duty as enshrined in Article 51-A(g) of the Constitution. In
Sachidanand Pandey & Another Vs State of West Bengal & others (1987) 2 SCC 295, the
court expressed in unmistakable terms that whenever a problem of ecology is brought before the
court the court is bound to bear in mind Article 48 A of the Constitution & Article 51-A(g)
which proclaims the Fundamental duty of every citizen of India to protect and improve the
natural environment including forests, lakes, rivers and wild life, and to have a compassion for
living creatures. Policy decisions taken by State are not ordinarily to be interfered with the
courts. But if it is the question of giving effect to the Directive Principles and Fundamental
Duties, the Court is not to shrug its shoulders and say that priorities are a matter of policy not to
be touched by court, the court may always give necessary directions so as to secure
implementation of Directive Principles and Fundamental Duties. In State of Punjab & others
Vs

G.S.Gill and Another (1997) 6 SCC 129, kindling the spirit of clauses (e) & (j) of
Article 51-A & Directive Principles contained in Article 38(1), the court reminded the
administrators of the Government that they too are primarily the citizens and therefore, their
vision should be national interest. “ The primary responsibility of an administrator is to
perform his functions in the services of the nation as an enlightened citizen to strengthen a
new democratic state. The public administrator should get rid of all mental reservations
on narrow considerations of caste, religion or regional. He should have a wider concern for
society as a whole. Otherwise he is not worthy to be an administrator”. In short, the court
held that the Fundamental Duties oblige the administrators of the Government to be good
administrators.

State of UP Vs Yamuna Shankar Mishra & Another (1997) 4 SCC 7, is an

interesting case where the object of writing the confidential reports and making entries in the
Character Rolls were read in the light of Article 51-A(j) as giving an opportunity to a public
servant to improve excellence. The net of the Fundamental Duties was spread so wide by the
court so as to spell out the eternal values of honesty, integrity, good conduct and efficiency
getting improved in the performance of public duties and standard of excellence in services

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constantly rising to higher level so as to be successful tool to manage the services with officers
of integrity, honesty, efficiency and devotion. In Vishaka & others Vs State of Rajasthan AIR
1997 SC 3011, the court found it necessary and expedient for employers in work places as well
as other responsible persons or institutions to observe certain guidelines to ensure the prevention
of sexual harassment of women and set an classical example of its law making power under
Article 141 of the Constitution. And these guidelines were the most effective measures for
enforcement of the Fundamental Duties; in particular to renounce practices derogatory to the
dignity of women – a Fundamental duty enshrined in clause (e) of Art 51-A in the effectuation of
that duty.

CONCLUSION: There is no provision in the Constitution for direct enforcement of these

duties. There is no sanction to prevent their violation. These Duties along with the exceptions of
Fundamental rights, limit the operation of Fundamental rights, even though they are not
justiciable. Their inclusion has been justified on the basis that they would help to strengthen our
democracy.

However, an awareness of and adherence to these duties can hardly be brought about by
writing down in the Constitution. It is only through education & enlightened public opinion
that a feeling of pride & responsibility towards these Constitutional duties to the nation can
be inculcated in the citizens.

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