Fundamental Duties
§
Fundamental
duties basically imply the moral obligations of all citizens of a country and
today, there are 11 fundamental duties in India, which are written in Part IV-A
of the Constitution, to promote patriotism and strengthen the unity of India.
§
Originally,
the fundamental duties of India was not a part of the Indian Constitution, in
fact, they were added by the 42nd and 86th Constitutional Amendment Acts. The
list of fundamental rights and duties and the Directive Principles of State
Policy are sections of the Indian Constitution that elaborate on the essential
obligations of the states to its citizens, along with the duties and rights
that they hold as Indian citizens.
|
Particulars |
Fundamental Duties |
|
Covered |
Part IV A, Article 51 –A |
|
Borrowed from |
USSR |
|
Amendment |
42nd Amendment 1976, introduced Article 51 A in the
constitution |
|
Recommended by |
Originally -10 duties Now -11 duties (added bye 86th
Amendment ACT, 2002) |
|
List of Fundamental Duties |
1.Abide by the Constitution and respect national
flag & National Anthem 2.Follow ideals of the freedom struggle 3.Protect sovereignty & integrity of India 4.Defend the country and render national services
when called upon 5.Sprit of common brotherhood 6.Preserve composite culture 7.Preserve natural environment 8.Develop scientific temper 9.Safeguard public property 10.Strive for excellence 11.Duty of all parents/guardians to send their
children in the age group of 6-14 years to school. |
§
Features of Fundamental Duties:
§ Some are moral duties & others are civil duties.
For instance, cherishing noble ideas of freedom struggle is a moral precept
& respecting the Constitution, National Flag and National Anthem is a civic
duty.
§
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.
They help in realising national goals by the active
participation of citizens rather than mere spectators.
§ Help Determine
Constitutionality of Law:
It helps the Court in determining the
constitutionality of the law.
For instance, any law passed by the legislatures, when
taken to Court for constitutional validity of the law, if it is giving force to
any Fundamental Duty, then such law would be taken as reasonable.
§ Legal Provision
for Implementation of Fundamental Duties:
§
The Verma
Committee (1999) identified the existence of following legal provisions:
ü
The
Prevention of insults to National Honour Act (1971).
ü
The
various criminal laws provide for punishment for encouraging enmity &
discrimination.
ü
The
Protection of Civil Rights Act (1955).
ü
The
Representation of People act (1951).
ü
The
Wildlife Protection Act (1972) &
ü
Forest
Conservation Act (1980).
§ Criticism of
Fundamental Duties:
§
In
nature, they are rendered unjustifiable.
§
Taxation,
family planning, and other important responsibilities are not included.
§
Provisions
that are ambiguous and difficult for the average person to understand
§
Provisions
are redundant because they would be followed even if they were not included.
§
The list
of duties is not exhaustive, as it does not conclude other significant
responsibilities, such as voting, paying taxes, family planning, etc. The
Swaran Singh Committee recommended the duty to pay taxes.
§
The
incorporation of crucial fundamental duties as a supplement to Part IV of the
Constitution, as indicated by pundits, has decreased their worth and
importance. After Part III, they have to add to keep them comparable to
Fundamental Rights.
§
Given
their non-justiciable character, pundits have alluded to them as a code of
moral statutes. Their incorporation in the Constitution was considered
pointless by pundits. The obligations specified in the Constitution as
essential are completed by individuals regardless of whether they were not
revered in the Constitution.
§
Some of
the responsibilities are hazy, ambiguous, and difficult for the average person
to comprehend.
জ্ঞ্যানজ্যোতি কোচিং সেন্টার
তোমাদের উজ্বল ভবিষ্যৎ গড়ে তুলব আমরা, এটাই আমাদের প্রতিশ্রুতি
অনলাইনে কোচিং নিতে হলে এবং বিভিন্ন নোট নিতে হলে এই নাম্বারে কল করুন।
