Describe the Fundamental Duties provided under the Constitution of India ?
Verified Answer
- 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).
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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.
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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.
- 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.