Fundamental Duties

Article 51A was included due to the Constitution (42nd Amendment) Act, passed in 1976. The Fundamental Duties,
as outlined in Article 51A of the Indian Constitution, are essentially the moral duties (as opposed to the legal ones)
placed on every Indian citizen to foster a sense of patriotism and protect India's unity.
The written constitution of India is the longest one in existence anywhere in the world, and fundamental duties lie
under Article 51A of the Indian Constitution. Everyone’s rights will be respected in this manner.

Article 51(A) talks about these Fundamental Duties and has 11 fundamental duties that are expected to be performed
by the citizens
(a) We need to follow our Constitution and should respect our national flag and national anthem.
(b) Should follow the ideals of the freedom struggle.
(c) Protect the sovereignty and integrity of our nation.
(d) Protect our nation and provide national services when required.
(e) Should have the spirit of a common brotherhood.
(f) Preserve the culture of our country.
(g) Protect the environment of our country.
(h) Generate scientific rationale for every thought.
(i) To protect public property.
(j) Strive for excellence.
(k) It is the duty of every parent to send their children between 6-14 years to school.

The importance of fundamental duties are as follows:

(a) Fundamental duties act as a constant reminder that the citizens while enjoying their fundamental rights should not
forget about their duties towards the nation.
(b) These duties act as a warning signal for the people against any type of antisocial activities.
(c) These duties gives a chance to the people to have an active participation in the society rather than being a
spectator.
(d) These duties promote a sense of discipline and commitment towards the society.
(e) The courts can use fundamental duties for determining constitutionality of law. If any law is challenged in court
for its constitutional validity and if that law is providing force to any of the fundamental duties, then that law will be
held reasonable.
(f) If the fundamental rights are enforced by a law, then in case of its violation the Parliament can impose penalty or
punishment for the same.

Are Fundamental Duties Enforceable by Law:

Fundamental Duties do not have any legal devour for its violation. There are six positive duties which are expected
to be done by the citizens of our country and there are five negative duties which are not expected to be carried out
by the citizens. There is no legal enforceability for its breach, it is because of the nature of the Fundamental Duties.
We can clearly understand that it is practically impossible to enforce these duties.
The fundamental duties are not legally enforceable but if any act is done by a citizen that is in violation of the
fundamental duties, then it would be considered as a reasonable restriction on the relevant fundamental rights.
The 42nd Amendment, incorporated duties in the Constitution and these are statutory duties and shall be enforceable
by law. If there will be a failure to fulfil those duties and obligations then the Parliament, by law can impose
penalties.
 Significance of Fundamental Duties in a Democratic Society are as follows:
(a) Promotion of Discipline and Commitment: Fundamental Duties serve as a constant reminder to every citizen about
their responsibility towards upholding the values and principles enshrined in the Constitution. By adhering to these
duties, citizens exhibit discipline and commitment to the nation’s ideals.
(b) Active Participation in Nation-building: These duties, though non-justiciable, encourage citizens to participate in the
process of nation-building actively. Whether it’s respecting national symbols, promoting harmony, or safeguarding
public property, each duty contributes to building a cohesive and united nation.
(c) The balance between Rights and Responsibilities: While the Constitution grants citizens certain rights, it’s equally
important to be aware of one’s responsibilities. Fundamental Duties emphasize this balance, ensuring that rights are
not exercised at the expense of duties.
(d) Moral and Civic Foundation: The duties act as a moral compass, guiding citizens daily. They instil civic sense and
promote values like harmony, respect for diversity, and scientific temper.
(e) Guard Against Anti-social Activities: By emphasizing duties like promoting harmony and renouncing practices
derogatory to women’s dignity, the Constitution aims to curb anti-social activities and foster a sense of brotherhood
among citizens.
(f) Reinforcement of National Identity: In a diverse country like India, Fundamental Duties play a crucial role in
reinforcing national identity. They remind citizens of the shared values and principles that bind them together,
transcending regional, linguistic, or communal differences.
The features of Fundamental duties are as follows:
(a) Both moral and civic duties have been laid down under the fundamental duties, like, “the Indian citizens should not
only cherish the noble ideas that lead to the freedom struggle but they should also respect the Constitution, the
National Flag and National Anthem”.
(b) Fundamental rights can be applied to foreigners also but the fundamental duties are only restricted to the Indians
citizens.
(c) The fundamental duties are not enforceable in nature. No legal sanction can be enforced by the government in case
of their violation.
(d) These duties are also related to Hindu traditions or mythology like paying respect to the country or promoting the
spirit of brotherhood.
Should fundamental duties be justifiable? Discuss.
The fundamental duties of the citizens of India are mentioned in Article 51A of the Indian Constitution. By the 42nd
Amendment of the Constitution, adopted in 1976. Citizens of the country always seek their rights in the courts but when
the point of discussion is about the duties everyone dusts their hands out, and no one wants to be a duty follower. As it is
established that every right, without a duty, becomes a licence to do whatever on the part of the right holder, and this
will create choice in the society where might is right will become a norm. so, enforcement of duties is a way to balance
or smooth out the rights of an individual in society. Rights bring enjoyment for people but duties bring it in a reasonable
way with restrictions. It is not unconstitutional because, in some or the other way it infringes the rights but rights in our
country are not absolute, there are always reasonable restrictions upon them, and so, the Fundamental Duties are.
Fundamental Duties are warning the people against anti-social activities that disrespect the nation. The enforcement of
Fundamental Duties will restrict the people who go against the basics of respect towards a nation. Fundamental duties
promote a sense of discipline and commitment towards the nation from its citizens. They help the people in this or that
way realising national goals through the active participation of citizens in various activities and duties of the citizens
rather than mere spectators.