Fundamental Duties of the Citizens of India

Fundamental Duties of the Citizens of India!

Facing the inadequacies in the implementation of social justice provisions due to non-justiciability of Directive Principles, commentators have also pointed out that our constitution is embattled and imperilled because we have failed to impregnate our social and political process with patriotic zeal and fulfill the aspirations.

To overcome this reality Article 51-A and Part IV-A were introduced by 42nd amendment in 1976.

The Duties:

Part IV-A was added by the 42nd Amendment Act, 1976. It encompasses Part IV, Article 51A enumerating Ten Fundamental Duties of the Citizens of India.

Under this Article, it shall be the duty of every citizen of India-

(i) To abide by the Constitution and respect the National Flag and the National Anthem;

(ii) To cherish and follow the noble ideals which inspired our national struggle for freedom;

(iii) To protect the sovereignty, unity and integrity of India;

(iv) To defend the country and receive national services;

(v) To promote the spirit of common brotherhood amongst all the people of India;

(vi) To preserve the rich heritage of our composite culture;

(vii) To protect and improve the natural environment;

(viii) To develop the scientific temper and spirit of inquiry;

(ix) To safeguard public property;

(x) To strive towards excellence in all spheres of individual and collective activity.

Of course, there is no provision in the Constitution for direct enforcement of any of these Duties nor for any sanction to prevent their violation.

But it may be expected that in determining the Constitutionality of any law, if a Court finds that it seeks to give effect to any of these duties, it may consider such law to ‘be reasonable’ in relation to Article 14 or 19, and thus save such law from unconstitutionality.

It would also serve as a warning to reckless citizens against anti-social activities such as burning the Constitution, destroying public property and the like.

Utility and Significance:

This part was added to the Constitution of India with the recommendations of the Swaran Singh Committee. This part was added in accordance with the recommendations of the Swaran Singh Committee. It is meant to bring our Constitution in line with the Universal Declaration of Human Rights and the Constitutions of Japan, China, and USSR.

In one respect, the legal utility of the Fundamental Duties is similar to that of the Directives as they stood in the Constitution of 1949; while the Directives were addressed to the State, without any sanction, so are the Duties addressed to the citizen, without any legal sanction for their violation.

The citizen, it is expected, should be his own monitor while exercising and enforcing his fundamental rights, remembering that he owes the duties specified in Art. 51A to the State and that if he does not care for the duties he should not deserve the rights.

For instance, a person who burns the Constitution, in violation of the duty in Art. 51 A, cannot assert that the meeting or assembly at which it was burnt by way of demonstration against the Government should be protected by the freedom of expression or assembly guaranteed by Art. 19.

Of course, the duty as such is not legally enforceable in the Courts; but if the State makes a law to prohibit any act or conduct in violation of any of the duties, the courts would uphold that as a reasonable restriction on the relevant fundamental right.

The Fundamental Duties inscribed in the Constitution are a mixed bag of expectations and exhortations. Quite a good number of these items are those which are enforceable today even without their being specifically incorporated in the Constitution.

In this category fall the items to abide by the Constitution, respect the National Flag and the National Anthem, to defend the country and render national service when called upon to do so and safeguard public property.

To uphold and protect the sovereignty, unity and integrity of India draws sustenance from the same moral source from which the Constitution’s Sixteenth or anti-secessionist amendment itself stems.

The three most important items in the list of Fundamental Duties are those requiring the citizens to respect the ideals of the Constitution and the institutions it establishes, to promote harmony and the spirit of common brotherhood amongst all the people of India professing different religions, speaking different languages, practising different customs and inhabiting different parts of the country, and to safeguard the public property and to abjure violence. These are clearly intended to meet certain specific political threats that democracy in India has to contend with.

The Indian Charter of Fundamental Duties is unique to include the duty to develop the scientific temper, humanism and the spirit of inquiry and reform. It has been incorporated to eradicate superstitions in which India is deeply soaked and to remove the ban of religious fanaticism, regional chauvinism and linguistic frenzy which have ever plagued India and retarded her unification into a cohesive society.

The duty to renounce practices derogatory to the dignity of women and to preserve the rich heritage of India’s composite culture is two other moral codes to ennoble the society. These are, in fact, homilies to be taught in schools and colleges, rather than to be incorporated in the Constitution as Fundamental Duties.

Classification of Fundamental rights

Originally Constitution provided for seven Fundamental Rights viz.

But, Right to property was removed from the list of the Fundamental Rights by the 44th Constitution Amendment Act, 1978 and after amendment, it was made legal right under Article 300-A in part-12 of the Constitution.

At present there are only six Fundamental rights, six fundamental rights are described below in brief.

Right to Equality (Articles 14-18):

Article 14 (Equality before law):

Article 14 says that state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Art. 14 is available to any person including legal persons viz. statutory corporation, companies, etc.
Art. 14 is taken from the concept of equal protection of laws has been taken from the Constitution of USA.
The concept of the rule of law is a negative concept while the concept of equal protection of laws is a positive concept.
The concept of equality before the law is equivalent to the second element of the concept of the ‘rule of law’ propounded by A.D. dicey, the British jurist. But certain exceptions to it are, the president of India, state governors, Public servants, Judges, Foreign diplomats, etc., who enjoy immunities, protections, and special privileges.

Article 15 (Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth):

Article 15 says that the state shall not discriminate against only of religion, race, sex, place of birth or any of them.
Under Article 15 (3) & (4), the government can make special provisions for women & children and for a group of citizens who are economically and socially backward.

Article 16 (Equality of opportunities in matters of public employment):

Article 16 says that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.

Article 17 (Abolition of Untouchability): Article 17 says that Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offense punishable by law.

Article 18 (Abolition of titles):

Article 18 says that no title, not being a military or academic distinction, shall be conferred by the State. No citizen of India shall accept any title from any foreign state.
The awards, Bharat Ratna, Padma Vibhuhan, Padma Bhushan and Padma Shri, called as The National Awards would not amount to title within the meaning of Article 18(i).

Right to Freedom (Articles 19-22):

Article 19 (Protection of certain rights regarding freedom of speech, etc.):
Article 19 says that all citizens shall have the right

to freedom of speech and expression.
To assemble peacefully and without arms.
To form associations or unions.
To move freely throughout the territory of India.
To practice any profession or to carry on any occupation, trade or business.

Article 20 (Protection in respect of conviction for offenses):
Article 20 says that state can impose reasonable restrictions on the groups of security of the state, friendly relations with foreign states, public order, decency, morality, contempt of court, defamation, etc.
Article 21 deals with Protection of life and personal liberty.
Article 21A states that that state shall provide free and compulsory education to all children of the age of 6-14 years.
Article 22 deals with protection against arrest and detention in certain cases.

Right Against Exploitation (Articles 23-24):

Article 23 deals with the prohibition of traffic in human beings and forced labor.
Article 24 deals with prohibition of employment of children in factories, etc.

Right to Freedom of Religion (Articles 25-28):

Article 25 deals with freedom of conscience and free profession, practice, and propagation of religion.
Article 26 deals with freedom to manage religious affairs.
Article 27 deals with freedom as to payment of taxes for promotion of any particular religion.
Article 28 deals with freedom as to attendance at religious instructions or religious worship in certain educational institutions.

Cultural and Educational Rights (Articles 29-30):

Article 29 deals with the protection of language, script, and culture of minorities.
Article 30 deals with the right of minorities to establish and administer educational institutions.

Right to Constitutional Remedies (Article 32):

Article 32 deals with the right to move to the supreme court for the enforcement of Fundamental Rights including the Writs of (i) Habeas corpus, (ii) Mandamus, (iii) Prohibition, (iv) Certiorari and (iv) Quo warranto.

Right to Privacy:

Right to privacy is an intrinsic part of Article 21 that protects life and liberty of the citizens.
The ruling has implications for the government’s vast biometric ID scheme, covering access to benefits, bank accounts and payment of taxes.
Rights groups are concerned personal data could be misused. The authorities want registration to be compulsory.