Fundamental duties

FUNDAMENTAL DUTIES

Part IV –A, which consist of only one article 51 –A was added to the constitution by the 42nd amendment, 1976.The article for the first time specifies a code of eleven fundamental duties for citizen. It says that it shall be the duty of every citizen of India:

a). to abide by the constitution and respect its ideal and institutions, the national flag and national anthem.

b). to cherish and follow the noble ideals which inspire our national struggle for freedom;

c). to uphold and protect the sovereignty, unity and integrity of India;

d). to defend the country and render national service when called upon to do so;

e.) to promote harmony and spirit of common brotherhood amongst all people of India transcending religious and regional diversities; two reunions practices derogatory to the dignity of women;

F.) to value and preserve the right heritage of our composite culture;

G.) to protect and improve the natural environment including forest, lake, river and wildlife;

H.) to develop the scientific temper, humanism and the spirit of enquiry and reform;

I.) to save guard public property and to abjure violence;

J.) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher level of endeavor

K.) who is parent or guardian to provide opportunity for education to his child or as the case may be, what between the age of six and fourteen years.

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NEED FOR FUNDAMENTAL DUTIES

Rights and duties are correlative. The fundamental duties are intended to serve as a constant reminder to every citizen that constitution specifically conferred on them certain fundamental rights it also requires citizen to absorb certain basic norms of democratic conduct.  It was argued that in India people lay emphasis only on rights not on duties.

In ancient scriptures has been on the individuals “kartavya” which is performance of one’s duties towards societies, the country and especially towards one’s parents. The Gita and the Ramayana enjoying people to perform their duty to carrying for their rights.

The preamble of the constitution secures “liberty of thoughts, expressions, beliefs, faith and worship.” The rest of preambles emphasis only the duties,” justice, social, economic and political”.

ENFORCEMENT OF THE FUNDAMENTAL DUTIES

Parliament by law will provide penalties to be imposed for failure to fulfil those duties and obligation.

It is necessary that it should know to all. Most of the people this country are illiterate and not politically conscious of what they owe to society and country.

CASE LAWS

ARUNA ROY VS UNION OF INDIA AIR 2002 SC 3176

The validity of national curriculum framework for school education was challenged on the ground that it was violated of article 28 of constitution and anti- secular. It provides for imparting of value development education relating to basics of all religions. The court held that NCFSF does not mention of imparting ‘religious instructions’ as prohibited under article 28.

So such education is neither violate of article 28 nor is against the concept of secularism.

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BIJOE EMMANUEL VS STATE OF KERALA 1986

FACTS: the three children belonging to Jehovah’s witnesses expelled from the school for refusing to sing the national anthem. Kerala made it obligatory for students in the school to sing the national anthem the children in this case stood up respectfully when it was being sung but they did not join in singing it. They refuse to sing as it was against his religious faith which did not permit them to join any rituals except it be in the prayer to Jehovah, their god.

DECISION: Supreme Court reversed the decision of the high court and observe that they did not comment any offence. There was no law under which they right under article 19(1)(a) could be curtailed. It can only be regulated by law and the ground mentions in the constitutions and not by executive instruction. they did not commit any offence under the prevention of insult to national honors act, 1971 because they stood up respectfully when it was being sung, they have not even violated article 51 A(a). it was held that the children’s expulsion from the school was a violation under article 19(1)(a) which include freedom of silence.

Author: kanika panwar,
IDEAL institute of management and technology & school of law, 2nd year/BALLB

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