FUNDAMENTAL DUTIES AS A MEANS TO ACHIEVE RESPONSIBLE CITIZENRY
1. Introduction
Fundamental Duties were added to the Indian Constitution by the 42nd Amendment Act, 1976 under Article 51A.
Objective:
To remind citizens that along with rights come responsibilities. While fundamental rights protect citizens, fundamental duties promote responsible and disciplined behavior to uphold the sovereignty, integrity, and well-being of the nation.
2. List of Fundamental Duties (Article 51A)
Some key duties include:
To abide by the Constitution and respect its ideals and institutions.
To cherish and follow the noble ideals of the freedom struggle.
To uphold sovereignty, unity, and integrity of India.
To defend the country and render national service when required.
To promote harmony and spirit of common brotherhood.
To preserve the rich heritage of the country.
To protect the environment.
To develop scientific temper, humanism, and the spirit of inquiry.
To safeguard public property and abjure violence.
To strive towards excellence in all spheres of individual and collective activity.
Note: These duties are moral obligations rather than enforceable legal rights, but some can be enforced through laws passed by Parliament.
3. How Fundamental Duties Promote Responsible Citizenry
Awareness of Constitutional Values:
Duties like respecting the Constitution and institutions encourage citizens to act within the framework of law.
Promotion of National Integrity:
Duties such as upholding sovereignty and unity prevent divisive tendencies and foster patriotism.
Social Harmony and Brotherhood:
Duty to promote harmony discourages discrimination and encourages tolerance.
Environmental and Cultural Responsibility:
Protecting the environment and preserving heritage ensures sustainable and responsible citizenship.
Scientific Temper and Inquiry:
Encourages citizens to think rationally, adopt innovation, and avoid superstitions.
Preventing Misuse of Public Property:
Safeguarding public property instills civic responsibility and reduces corruption.
Excellence and National Development:
Encourages citizens to contribute effectively to societal progress, education, and development.
4. Relevant Case Laws
K.K. Verma v. Union of India (1989) 2 SCC 179
Issue: Whether Fundamental Duties can be enforced.
Held: The Court observed that while duties are not legally enforceable per se, they are fundamental in building moral consciousness and responsible citizenry.
M.C. Mehta v. Union of India (1987) 4 SCC 463 – Environmental Duty
Issue: Protection of environment under Fundamental Duties.
Held: Article 51A(g) mandates citizens to protect and improve the environment. The Court held that citizens and authorities are duty-bound to prevent pollution and safeguard forests and wildlife.
Significance: This case enforced environmental responsibility as a part of citizenship.
R.K. Garg v. Union of India (1981) 4 SCC 675 – Freedom vs Duty
Issue: Advertising restrictions to protect public morality.
Held: The Court emphasized that rights come with responsibilities. Fundamental duties, although not enforceable directly, guide legislative measures to ensure responsible behavior.
CERC v. Mohan Lal & Ors. (1993)
Significance: The Court recognized that adherence to Fundamental Duties like preserving public property is part of promoting civic responsibility.
5. Conclusion
Responsible Citizenry: A responsible citizen is one who exercises rights along with performing duties. Fundamental Duties guide citizens morally and ethically.
Complementing Rights: Duties complement fundamental rights; without fulfilling duties, rights may be misused.
Nation Building: Fulfillment of Fundamental Duties fosters patriotism, social harmony, and sustainable development.
Legal Enforcement: Some duties, like environmental protection and safeguarding public property, are enforceable by law, giving them practical importance.
Summary: Fundamental Duties serve as a moral compass for citizens, ensuring that while enjoying rights, citizens act responsibly, respect the Constitution, protect the environment, uphold national integrity, and contribute to social and national development.
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