Fundamental Duties – Relevance and Applicability
CONSTITUTION LAW II
PROJECT (REPEAT)
Fundamental Duties – Relevance and Applicability
Submitted By:
Ajay Singh Rathore
ID - 210039
The constitution of India, in its Part IV-A provides Fundamental Duties. The Fundamental Duties were inserted in Article 51A of our Constitution in 1976 by 42nd Amendment Act. In the original Constitution in 1950, there was no reference of these duties. Fundamental Duties are the modernization of the constitution. Fundamental duties have been incorporated in the Indian Constitution to remind every citizen that they should not only be conscious of their rights, but also of their duties.1 It was expected that the citizens would fulfil their duties willingly. Though, non-executory in nature, fundamental duties have often been invoked in a number of decisions by the Supreme Court and the High Courts. Sometimes these duties have been equated on a par with the directive principles, or sometimes they have been treated as mere guiding principles in the study of fundamental rights. We have borrowed these duties from the constitution of various countries including Japan. Constitutions of Yugoslavia and Republic of China and the Constitution of Soviet Union (USSR) also contains fundamental duties.
Originally ten in number, the Fundamental Duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years:
It shall be the duty of every citizen of India
a) To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem;
b) To cherish and follow the noble ideals which inspired 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 services, when called upon to do so;
e) To promote harmony and the spirit of
PROJECT (REPEAT)
Fundamental Duties – Relevance and Applicability
Submitted By:
Ajay Singh Rathore
ID - 210039
The constitution of India, in its Part IV-A provides Fundamental Duties. The Fundamental Duties were inserted in Article 51A of our Constitution in 1976 by 42nd Amendment Act. In the original Constitution in 1950, there was no reference of these duties. Fundamental Duties are the modernization of the constitution. Fundamental duties have been incorporated in the Indian Constitution to remind every citizen that they should not only be conscious of their rights, but also of their duties.1 It was expected that the citizens would fulfil their duties willingly. Though, non-executory in nature, fundamental duties have often been invoked in a number of decisions by the Supreme Court and the High Courts. Sometimes these duties have been equated on a par with the directive principles, or sometimes they have been treated as mere guiding principles in the study of fundamental rights. We have borrowed these duties from the constitution of various countries including Japan. Constitutions of Yugoslavia and Republic of China and the Constitution of Soviet Union (USSR) also contains fundamental duties.
Originally ten in number, the Fundamental Duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years:
It shall be the duty of every citizen of India
a) To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem;
b) To cherish and follow the noble ideals which inspired 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 services, when called upon to do so;
e) To promote harmony and the spirit of
Bibliography: 1) M.P. Jain; Indian Constitutional Law, Ed.2003 (Reprint 2008) Lexis Nexis Butterworth Wadhwa, Nagpur. 2) V.N. Shukla, The Constitution of India, Ed.11th Eastern Book Company.