School of Law Sonika Bhardwaj 2023 24 Fundamental Duties

Summary

This lecture covers the fundamental duties outlined in Part 4A of the Indian Constitution, introduced in 1976 through the 42nd Amendment. The duties aim to promote national unity, integrity, and responsibility among Indian citizens, while also deterring anti-national activities. There are 11 duties, including respecting national symbols, promoting harmony, protecting the environment, and ensuring education for children. While not legally enforceable, they emphasize the ethical and civic responsibilities of citizens. The video highlights the importance of balancing fundamental rights with duties to foster India's development and national well-being.

Takeaways

• 📜 The fundamental duties were incorporated into the Indian Constitution in 1976 via the 42nd Amendment, inspired by the Soviet Union's approach to citizen responsibilities.
• 🏛️ These duties emphasize responsibilities towards society, fellow citizens, and the nation, encouraging wisdom and discouraging anti-national or anti-social activities.
• 🇮🇳 Article 51A of the Constitution outlines the fundamental duties, starting with the duty to respect the Constitution, national flag, and national anthem.
• ✊ Citizens are urged to honor the values that inspired India's freedom struggle, including nonviolence, equality, and justice.
• 🛡️ A key duty is to protect India's sovereignty, unity, and integrity, along with defending the nation when called upon.
• 🕊️ Citizens are expected to promote harmony and the spirit of common brotherhood, transcending religious, linguistic, and regional diversities.
• 🌍 There is a duty to protect and improve the natural environment, showing compassion for living creatures and preserving India's rich heritage.
• 🔬 Citizens should foster scientific temper, humanism, and a spirit of inquiry and reform, encouraging rational thinking and innovation.
• 🚸 In 2002, a new duty was added through the 86th Amendment, obligating parents or guardians to provide education for children aged 6 to 14 years.
• ⚖️ Fundamental duties, while not legally enforceable, act as a moral guide for citizens and can be used in judicial reviews to determine the reasonableness of laws.

Q & A

What is the significance of the 42nd Amendment in relation to fundamental duties in India?

The 42nd Amendment, introduced in 1976, was significant because it incorporated fundamental duties into the Constitution of India. These duties serve as a reminder of citizens' responsibilities towards society, the nation, and their fellow citizens.

What was the inspiration behind the inclusion of fundamental duties in the Indian Constitution?

The inspiration for incorporating fundamental duties into the Indian Constitution came from the Union of Soviet Socialist Republics (USSR). The duties were framed to instill a sense of responsibility and promote national harmony.

Why are fundamental duties considered important for the development of the nation?

Fundamental duties are important because they promote unity, harmony, and integrity, all of which are essential for national development. They encourage citizens to actively participate in nation-building and foster social cohesion.

How many fundamental duties are currently enshrined in the Indian Constitution, and when was the last one added?

There are currently 11 fundamental duties in the Indian Constitution. The last duty, concerning access to education for children aged 6 to 14, was added in 2002 through the 86th Amendment.

Are fundamental duties enforceable by law in India?

Fundamental duties are not enforceable by law, meaning there is no legal compulsion for citizens to follow them. However, the Parliament has the authority to introduce legislation for their enforcement.

What is the relationship between fundamental rights and fundamental duties in the Indian Constitution?

Fundamental rights and fundamental duties complement each other. While rights ensure citizens' freedoms, duties remind them of their obligations toward society. For instance, Article 21 grants the right to education, while Article 51A places the duty on parents to provide free and compulsory education to children aged 6 to 14 years.

What role do fundamental duties play in safeguarding public property and promoting non-violence?

Fundamental duties, particularly the duty to safeguard public property and renounce violence, play a crucial role in promoting non-violence and responsible use of public resources. Citizens are encouraged to protect communal assets and avoid engaging in destructive activities.

How do fundamental duties contribute to national security and patriotism?

Fundamental duties such as protecting the sovereignty, unity, and integrity of India and being prepared to defend the nation in times of need instill a sense of patriotism and national security among citizens.

What are some examples of case laws where fundamental duties have been cited in judicial rulings?

In the case of Chundra Bavan Boarding and Lodging vs. State of Mour (1969), the court emphasized social welfare. Another example is Balaji Ragan vs. Union of India (1995), where the court upheld the constitutional validity of national awards, encouraging citizens to strive for excellence.

What measures have been suggested to ensure greater awareness and enforcement of fundamental duties in India?

There is a need for consistent policies to raise awareness and ensure the practical implementation of fundamental duties. Standardized policies for sensitization, practical execution, and enforcement could significantly enhance citizens' sense of responsibility and civic engagement.