1. BARKATULLAH UNIVERSITY
Topic :- FUNDAMENTAL DUTIES
DEPARTMENT OF
LEGAL STUDIES AND RESEARCH
Submitted to :-
Dr. Swasti Chaturvedi
Submitted by :-
Jheel Hunka
2. Table of content
Origin of concept
Formation history of fundamental duties
Significance of fundamental duties
Features of fundamental duties
Fundamental duties
Amendments
Important cases:-
. MC Mehta vs Union of India
Bijoe Emmanuel vs state of Kerala
Loopholes
Conclusion
Bibliography
3. Origin of concept
The concept of duties has its origin in Vedas.
Dharamshastras also mention duties of each group in
society.
Epics like Bhagavad Geeta , Ramayana , and Mahabharata,
also enrich duty as part of one’s Dharma.
The idea of Fundamental Duties was borrowed from the
constitution of Russia.
4. Formation History of Fundamental duties
During the emergency of 1975 which lasted for 2 years, government used its power to make
major changes in constitution and one of the change was incorporation of fundamental duties.
In 1975 government felt that Indian citizens have not realised their duties and to make them
realise government formed a committee named SARDAR SWARAN SINGH COMMITTEE in 1976
The committee recommended the inclusion of a chapter on fundamental duties in the
Constitution
The committee solely focused on the fact that the citizens of the country are not aware of their
duties
Fundamental duties are incorporated in part IV-A of constitution by the 42nd constitutional
amendment act , 1976.
Another committee named JUSTICE VERMA COMMITTEE was formed to operationalise
suggestions to teach fundamental duties to the citizens.
In 1999 it was recommended in its report that duty of vote at election , actively participate in
the democratic governance and pay taxes should be included in Article 51-A.
5. Significance of Fundamental Duties
Constant Reminder of Democratic Conduct :- Fundamental Duties are
intended to serve as a constant reminder to every citizen that while the
Constitution specifically conferred on them certain fundamental rights, it
also requires citizens to observe basic norms of democratic conduct and
democratic behaviour.
Admonishes Against Anti-Social Activities :- They serve as a warning to the
people against the anti-social activities that disrespect the nation like
burning the flag, destroying public property or disturbing public peace.
Sense of Discipline and Commitment :- These help in the promotion of a
sense of discipline and commitment towards the nation.
Realising national goal :- They help in realising national goals by the active
participation of citizens rather than mere spectators.
6. Features of Fundamental Duties
Some of them are moral duties like cherishing noble ideals of freedom
struggle while others are civic duties like respecting the constitution
, national flag , national anthem
They essentially contain just a codification of tasks integral to the
Indian way of life like Indian tradition, mythology, religions, and
practices.
The Fundamental Duties are confined to citizens only and do not
extend to foreigners.
They are also non-justiciable and the Constitution does not provide
for their direct enforcement by the courts.
7. Fundamental Duties
1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the National Anthem
2. Cherish and follow the noble ideals that inspired the national struggle for freedom
3. Uphold and protect the sovereignty, unity and integrity of India
4. Defend the country and render national service when called upon to do so
5. Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious,
linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women
6. Value and preserve the rich heritage of the country’s composite culture
7. Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for
living creatures
8. Develop scientific temper, humanism and the spirit of inquiry and reform
9. Safeguard public property and to abjure violence
10. 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. Provide opportunities for education to his child or ward between the age of six and fourteen years. (This duty was
added by the 86th Constitutional Amendment Act, 2002)
8. Amendments
Originally article 51 A had 10 fundamental Duties (from a to j).
In 2002 , one additional fundamental duty was added through
86th constitutional amendment.
It stated the duty of a parent or a guardian to provide
opportunities for education to their children from 6 to 14 years
old.
9. Important cases
MC Meheta vs union of India
The supreme court held the following:-
It is compulsory for all educational institution to organise a teaching
lesson of at least one hour a week on protection and improvement of
natural environment
It is duty of Central Government under article 51 AG to introduce this
lesson in all educational institutions
The central government should also distribute books free of cost on
the same subject in all the institutions
To give rise to the consciousness among the people towards of clean
environment the government should organised ‘keep the city clean’
week at least once a year.
10. Bijoe Emmanual vs. State of Karala
In the case of Bijoe Emmanuel vs. State of Kerala which is popularly known as the
National Anthem Case, on refusing to sing the National Anthem in the school, three
children of the Jehovah’s Witnesses were expelled from the school.
There was a circular that was issued by the Director of Instructions, Kerala which
made it compulsory for the school students to sing the National Anthem.
These three children did not join the singing of the National Anthem but they stood
up out of respect. They didn’t sing the National Anthem because their religious faith
didn’t permit it and it was against their religious faith.
They were expelled on the ground that they violated their fundamental duties and
committed an offence under the Prevention of Insult to National Honours Act, 1971.
The court reversed this decision of the High Court because they did not commit any
offence and also they committed no crime under the Prevention of Insult to National
Honours Act, 1971 as though they did not sing the National Anthem but they stood out
of respect.
11. Loopholes
Some other essential subjects not included in this list like paying taxes,
family planning and voting etc.
A common man cannot understand the complex words that are present in
the fundamental duties. Due to lack of understanding, the true meaning
cannot be established.
These duties cannot be enforced by a court of law so critics feels that it is
of no use to include these duties in the constitution.
Some duties are of such a nature that they are being performed by the
citizens in each and every case like paying respect to the national flag and
anthem. So there is no need to include these duties in the constitution.
Some of the fundamental duties clash with the religious beliefs of some
sections of the country and hence there is a need to make it a universal
concept.
12. Conclusion
The main objectives of fundamental duties were to provide
citizens with a specific set of rules they must abide by. The
introduction to fundamental duties was done to ensure
sovereignty, secularism, unity, and brotherhood among the
Indian citizens. The non enforceability of fundamental duties
won’t effect its importance . These duties indicate a sense
of social responsibility in everyone . Although there are a
few loopholes our constitution should consider and bring
about some amendments but as of now, they are the best
method to maintain a united India.
