Our country, India, boasts the world’s longest written constitution. Every person’s rights are respected in this process. As a result, citizens are expected to fulfil some essential responsibilities outlined in Article 51 of the Indian Constitution.
Article 51 of the Indian Constitution serves as a beacon, reflecting a sincere commitment to maintain world peace and security by avoiding disputes and wars for the sake of the entire human species.
According to Article 51, the State shall make every effort to –
(a) promote international peace and security.
(b) maintain just and honourable relations between nations.
(c) foster respect for international law and treaty obligations in organised peoples’ dealings with one another, and
(d) encourage the settlement of international disputes through arbitration.
PART IVA Fundamental duties
Article 51 A of the Indian constitution-( Fundamental duties)
The Fundamental Duties are described as all citizens’ moral obligation to contribute to promoting patriotism and the protection of India’s cohesion.
Fundamental Duties are governed under Part IVA of the Indian Constitution. There are 11 basic responsibilities as of right present.
The 42nd and 86th Constitutional Amendment Acts added fundamental duties to the law. The Constitution binds citizens to perform their responsibilities morally. However, like the Directive Principles, these are unjustifiable and come with no legal consequences if broken.
Following are the 11 fundamental duties under article 51A of Indian constitution–
- To uphold the Constitution and its goals and institutions, as well as the National Flag and Anthem;
- Honour and uphold the noble ideals that motivated the nation’s fight for independence.
- Maintain and protect India’s sovereignty, unity, and integrity.
- Defend the country and provide national service when called upon.
- To foster unity and a feeling of shared brotherhood among all Indians, regardless of religious, linguistic, regional, or sectional differences; to reject behaviours that degrade women’s dignity;
- Appreciate and protect the country’s diverse cultural heritage.
- Have compassion for living creatures and protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
- To cultivate a scientific temperament, humanism, and the spirit of inquiry and reform.
- To protect public property and abstain from violence.
- To strive for excellence in all spheres of individual and collective activity so that the country continues to rise to new heights of endeavour and achievement.
- To give chances for education to his kid or ward between the ages of 6 and 14, as the case may be, by the parent or guardian.
What is the need of fundamental duties?
India is a country where people of all castes, creeds, religions, sects, and other groups coexist, and obeying the Fundamental Duties on their part plays a critical role in sustaining and protecting our country’s sovereignty, unity, and integrity, which is of paramount significance. It reminds citizens that rights and responsibilities are inextricably linked.
Sources of Fundamental Duties
It’s worth noting that none of the Western countries’ constitutions directly include citizens’ duties and responsibilities. The Japanese Constitution, like many other democratic constitutions across the world, mentions some citizen duties. Citizens’ rights and responsibilities are generally determined by Common Law and judicial decisions in the United Kingdom, Canada, and Australia.
The French Constitution barely makes a fleeting allusion to citizens’ duties. The American Constitution only establishes fundamental rights, not citizen duties.
However, the constitutions of socialist countries place a strong emphasis on citizen responsibilities, such as Article 32 of the Yugoslavian Constitution and Chapter VII of the Soviet Constitution, which establishes Fundamental Rights and Duties, as well as Chapter II of the Republic of China’s Constitution.
All of the aforementioned Constitutions precisely define people’s responsibilities, and they also guarantee every person the “Right to Work,” something the Indian Constitution currently does not give. As a result, every citizen who is expected to contribute to the nation should be granted the “right to work.”
Enforcement of Duties
The fundamental duties are constitutional obligations that must be enforced by law. Failing to meet these duties and obligations will result in penalties imposed by Parliament via legislation. The effectiveness of this provision, however, would be very dependent on the method in which these obligations would be implemented and the individual against whom they would be imposed, and it is essential that everyone be aware of it in order for it to be properly enforced. Fundamental Duties, while not enforceable by writ of court, give vital guidance and help in the understanding of constitutional and legal concerns, according to AIIMS Students Union v. AIIMS AIR (1983) 1 SCC 471.
Criticism
- The list of duties is not complete. Other vital duties, such as voting, paying taxes, and family planning, are not included. (The Swaran Singh Committee suggested that taxpayers be required to pay taxes.)
- Some of the duties are imprecise, confusing, and difficult to comprehend for the average person.
- Critics have referred to them as a code of moral standards since they are non-justiciable. (The Swaran Singh Committee proposed a penalty or punishment for failure to undertake Fundamental Duties.)
- Critics argue that their presence in the Constitution is superfluous since these specified responsibilities would be carried out by the people even if the Constitution did not contain them.
- Adding fundamental duties as an appendix to Part IV has diminished their importance.
- They should be included after Part III, beside Fundamental Rights.