M.P. Civil Judge 2019 Paper I

Describe the Fundamental Duties provided under the Constitution of India ?

Verified Answer
  1. Core Legal Answer & Context: Fundamental Duties were incorporated into the Indian Constitution by the 42nd Amendment Act, 1976, based on the recommendations of the Swaran Singh Committee. They are enshrined in Part IV-A, Article 51A. These duties are moral obligations on citizens, intended to promote a sense of civic responsibility, patriotism, and national integration. While not directly enforceable by courts, they serve as a guide for citizens and can be used by courts in interpreting statutes.

There are currently 11 Fundamental Duties, including:

  • To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
  • To cherish and follow the noble ideals which inspired our national struggle for freedom.
  • To uphold and protect the sovereignty, unity, and integrity of India.
  • To defend the country and render national service when called upon to do so.
  • To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
  • To value and preserve the rich heritage of our composite culture.
  • To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.
  • To develop the scientific temper, humanism and the spirit of inquiry and reform.
  • To safeguard public property and to abjure violence.
  • To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
  • To provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years (added by the 86th Amendment Act, 2002).
  1. Relevant Statutes and Sections: Part IV-A, Article 51A of the Constitution of India. The 42nd Amendment Act, 1976, and the 86th Amendment Act, 2002.

  2. Important Landmark Cases:

  • AIIMS Students Union v. AIIMS: The Supreme Court held that Fundamental Duties, though not enforceable, are important and can be used to interpret ambiguous statutes and determine the constitutionality of laws.
  • M.C. Mehta v. Union of India: The Court emphasized the duty to protect and improve the natural environment, linking it to sustainable development.
  1. Clear Conclusion: Fundamental Duties are an integral part of the Indian Constitution, reminding citizens of their responsibilities towards the nation, society, and fellow citizens. They aim to foster a sense of collective well-being and contribute to the nation's progress and harmony, even though they are not directly justiciable.