List of Fundamental Duties in Indian Constitution
Introduction:
Originally, the constitution of India did not contain any list of
fundamental duties. In other words, enjoyment of fundamental rights was
not conditional on the performance of fundamental duties.
Democratic rights are based
on the theory that rights are not created by the state. Individuals are
born with right. It is on this theory that the Indians before
independence raised the slogan that “freedom is our birth right.” It is in this sense again that Prof. Laski asserts that the “state does not create rights, it only recognizes rights.”
The socialists on the other hand, make enjoyment or rights conditional on the fulfillment of duties. They claim that “he who does not work, neither shall he eat.”
The constitution of the world’s first socialist country, that of Soviet
Union contains a list of fundamental rights immediately followed by a
list of fundamental duties. It is clearly asserted that the enjoyment of
fundamental rights is conditional on the satisfactory performance of
fundamental duties.It was on this Soviet model that fundamental duties were added to the Indian Constitution by 42nd amendment of the constitution in 1976. The fundamental duties are contained in Art. 51A.
List of Fundamental Duties: Art. 51A, Part IVA of the Indian Constitution, specifies the list of fundamental duties of the citizens. It says “it shall be the duty of every citizen of India:
- to abide by the constitution and respect its ideal and institutions;
- 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 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 endeavor and achievement. Further, one more Fundamental duty has been added to the Indian Constitution by 86th Amendment of the constitution in 2002.
- who is a parent or guardian , to provide opportunities for education to his child, or as the case may be, ward between the age of six and fourteen years.
- The fundamental duties enumerated in Article 51A constitute a constant reminder to the citizens that they have duties in building up a free, egalitarian, healthy and responsible society. These are expected to act as damper to reckless and anti-social activities on the part of some individuals.
- India is a multi-racial and multi-religional country. Such a vast democratic country like India can prosper only when the citizens of this country respect its integrity and promotes cultural harmony.
- Environmental pollution has become a great cause of concern, not only for Indian, but for the entire humanity. Unless, we all take the pledge to keep our environment free from pollutants, there remains the threat of undesirable consequences.
- The inclusion of providing opportunity for education for children as a Fundamental duty is a big step forward towards safeguard of human-rights and abolition of social injustices
Conclusion: These fundamental duties are not mere expressions of pious platitudes. Courts will certainly take cognizance of laws seeking to give effect to fundamental duties.
Finally, the very fact that these duties figure in the constitution, keeps the door open for the duties to be given higher constitutional at status in future through constitutional amendments.
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