“Law Master’s Publication”
“Fundamental Duties”
Prof. Santosh D. Bhosale 100
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FUNDAMENTAL DUTIES
(Art. 51-A)
QUESTION BANK.
Q.1. Write a detailed note on Fundamental Duties under the Constitution of
India.
SHORT NOTES
1.
2.
3.
Fundamental Duties.
Duties of a citizen.
Give a brief account of the Fundamental duties.
INTRODUCTION:-
I.
No right can exist without correlative duty. The right of one may be the duty
of others. Therefore, the Indian constitution provides for fundamental rights in Part III and
fundamental duties in Part IV A (i.e., Art. 51 A).
This part IV-A consists of only one Article, i.e. Art. 51-A. It was added to
the Constitution by the 42nd Amendment in 1976. This Article specifies the code of ten
fundamental duties for citizens for the first time. We have borrowed this concept from the
Soviet Constitution.
II.
FUNDAMENTAL DUTIES:-
Art. 51-A lays down that “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 India's sovereignty, unity and integrity.
d) To defend the country and render national services when called upon.
e) 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.
f) To value and preserve the rich heritage of our composite culture.
g) To protect and improve the natural environment, including forests, lakes, rivers, and
wildlife, to have compassion for living creatures.
h) To develop scientific temper, humanism and the spirit of enquiry and reform.
i)
To safeguard 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 levels of endeavour and achievement.
k) Parent to provide opportunities for education to his child or, as the case may be, to his
“Law Master’s Publication”
“Fundamental Duties”
Prof. Santosh D. Bhosale 101
ward between the ages of six and fourteen.
III.
ENFORCEMENT OF DUTIES:-
Fundamental duties are not enforceable in the Constitution. However, they
are statutory duties and are enforceable by law. Parliament can impose penalties for non-
abiding by these duties or obligations by making a law.
The Supreme Court held that the students standing up in sincerity when the National
Anthem was being sung had not committed disrespect to the National Anthem if they had
not joined in the singing of the National Anthem.
For the successful implementation of the fundamental duties, the State should
make every effort to make them known to the general public. Even by making a law, the
breach of fundamental duties has been penalised, e.g., the Wildlife Protection Act penalises
killing wildlife, and Pollution or de-forestation has been penalised.
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1 AIR 1987 SC 740.