Fundamental Duties
The framers of the Constitution did not declare any fundamental duties of the citizens.
However, with the lapse of time, degradation of values, particularly values in public life
became blatantly evident and the nation felt the need to amend the Constitution and
incorporate these values specifically as the Fundamental Duties of every citizens, Part IV-A
(Article 51-A), which contains the Fundamental Duties of the Citizens of India, was added in
the Constitution by the Constitution (42nd Amendment) Act, 1976. These duties have been
added to implement the recommendations of the Swaran Singh Committee reported in 1976.
Part IV-A (Article 51-A) of the Constitution provides the following fundamental
duties of every citizen:
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 service when called upon to do so;
(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 wild life, and to have compassion for living creatures;
(h) To develop the scientific temper, humanism and the spirit of inquiry 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) 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.17
With the inclusion of these fundamental duties, our Constitution has been brought in line
with a) Universal Declaration of Human Rights (UDHR, 1948)[ Article 29 (1) of UDHR
provides: “Everyone has duties to the community in which alone the free and full
development of his personality is possible.”]
b) International Covenant on Civil and Political Rights (ICCPR, 1966)[Preamble to the
ICCPR inter alia provides: “Realizing that the individual, having duties to other individuals
and to the community to which he belongs, is under a responsibility to strive for the
promotion and observance of the rights recognized in the present Covenant.”]
Need of Fundamental Duties
• They have great moral values and may be termed as moral precepts or the expected
behavioural patterns of the citizens of India towards the nation.
• These duties are intended to create psychological consciousness among the citizens
and are intended to serve as a constant reminder to every citizen that while the
Constitution specifically conferred upon them certain fundamental rights, it also
requires citizens to observe certain basic norms of democratic conduct and democratic
behaviour.
• These duties establish and strengthen the democratic balance. These read like a poem,
crossing all barriers of politics
• The courts can take help of these duties in order to interpret the provisions contained
in Part III and IV of the Constitution. Supreme Court of India has emphasized that
Fundamental Rights are not to be read in isolation. They have to be read along
with the Chapter IV and IV-A of the Constitution.(( Javedv. State of Haryana
AIR 2003, Air India v. NargeshMeerza AIR 1981))
Although FD are not enforceable but Rights and Duties are co-existent and co-relative. This
means right in A implies duty in B. Duty is an inalienable part of right. By the inclusion of a
chapter on Fundamental duties, it is the obligation of every citizen to abide by them. Failure
on the part of any citizen to perform fundamental duty would imply violation of
corresponding right in another person. Therefore, it becomes the duty of the judiciary to
enforce those ‘implied rights’ like other constitutional rights
Legal Provisions for the Enforcement of Fundamental Duties
a) In order to ensure that no disrespect is shown to the National Flag, Constitution of
India and the National anthem, the Prevention of Insults to National Honour Act,
1971 was enacted.
b) The Emblems and Names (Prevention of Improper Use) Act 1950 was enacted soon
after independence, inter alia, to prevent improper use of the National Flag and the
National Anthem.
c) Flag Code of India
d) Writings, speeches, gestures, activities, exercise, drills, etc. aimed at creating a feeling
of insecurity or ill-will among the members of other communities, etc. have been
prohibited under Section 153A of the Indian Penal Code (IPC).
e) Imputations and assertions prejudicial to the national integration constitute a
punishable offence under Section 153 B of the IPC.
f) Offences related to religion are covered in Sections 295-298 of the IPC (Chapter XV).
g) Sections 123(3) and 123(3A) of the Representation of People Act, 1951 declares that
soliciting of vote on the ground of religion and the promotion or attempt to promote
feelings of enmity or hatred between different classes of citizens of India on the
grounds of religion, race, caste, community or language is a corrupt practice. A
person indulging in a corrupt practice can be disqualified for being a Member of
Parliament or a State Legislature under Section 8A of the Representation of People
Act, 1951.
h) Prevention of Cruelty to Animal Act, 1960
i) Right of Children to Free and Compulsory Education Act, 2009.
j) Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control
of Pollution) Act, 1981, The Environment (Protection) Act, 1986. I
Judicial Intervention
The apex judiciary in India, in a number of cases, has made harmonious interpretation of part
III, part IV and part IV-A of the Constitution, thus signifying the importance of fundamental
duties.
• The Supreme Court in A.I.I.M.S. Student Union v. A.I.I.M.S,2001 , held that
fundamental duties are not enforceable by a writ of court just as fundamental rights
are but it cannot be lost sight of that ‘duties’ in part IV-A under Article 51-A are
prefixed by the same word ‘fundamental’ which was prefixed by the founding fathers
of the Constitutions to ‘rights’ in part III. Article 51-A does not expressly cast any
fundamental duty on the State, the fact remains that the duty of every citizen of India
is the collective duty of the State. Fundamental duties though not enforceable by a
writ of court, yet provide a valuable guide and aid to interpretation of constitutional
and legal issues. Constitutional enactment of fundamental duties, if it has to have any
meaning, must be used by courts as a tool to tab, even a taboo, on state action drifting
away from constitutional values.
• In State of Gujrat v.MirzapurMotiKureshi, 2005, the apex court held that directive
principles and fundamental duties play a significant role in interpreting the
Constitution and determining the constitutional validity of any law or executive
action.
• In Rural Litigation Entitlement Kendra v. State of U.P. 1987, the Supreme Court has
issued directions to the State, having regard to Article 51-A (g). the court also
reminded that preservation of the environment and keeping of ecological balance
unaffected is a task which not only Governments but also every citizen must
undertake. It is a social obligation and let us remind every citizen that it is his
fundamental duty as enshrined in Article 51-A (g) of the Constitution.
• In Shri Sachidanand Pandey v. State of West Bengal39, the court took the view that
when the court is called upon to give effect to the directive principles and the
fundamental duties, it is not to shrug its shoulder and say that priorities are a matter of
policy and so it is a matter for the policy making authority
• M.C. Mehta v. Union of India, 1988, the Supreme Court, in order to implement the
duty as to improvement of environment, has directed the Central Government: (a) to
direct all educational institutions throughout India to give weekly lesson in the first
ten classes, relating to the protection and improvement of the natural environment
including forests, lakes, rivers and wild-life. (b) To get textbooks written for the said
purpose and to distribute them free of cost. (c) To introduce short term courses for
training up of teachers who teach this subject. (d) Not only the Central Government
but also the State Governments and Local authorities to introduce cleanliness weeks
• In Bijoe Emmanuel v. State of Kerela, 1987, the Supreme court held that proper
respect was shown by the students to the National Anthem by standing up in silence
when the National Anthem was sung
• In State of Punjab & Ors. Vs. G.S.Gill and Anr., (1997) the court reminded the
administrators of the government that they too are primarily the citizens and,
therefore, their vision should be of national interest. “The primary responsibility of an
administrator is to perform his functions in the services of the nation as an enlightened
citizen to strengthen a new democratic state.” , the court held that the Fundamental
Duties oblige the administrators of the government to be good administrators.
• Supreme Court in Vishakha and others v. State of Rajasthan,1997 found it necessary
and expedient for employers in work places as well as other responsible persons or
institutions to observe certain guidelines to ensure the prevention of sexual
harassment of women
• In Union of India v. Naveen Jindal 2004, the apex court while declaring that National
Flag hoisting by citizens on their premises is fundamental right qua freedom of speech
and expression, also took help of the provisions relating to fundamental duties under
part IV-A.
• Supreme Court, Shyam Narayan Chouksey v. Union of India,(2018) held that every
citizen or persons are bound to show respect to the National Anthem of India, whenever
played or sung on specific occasions the only exemption is granted to disabled people. It
further held that playing of the national anthem in cinema halls is not mandatory but
optional and directory. Here the petitioner, a public spirited person, has approached this
Court under Article 32 of the Constitution of India for issue of a writ of mandamus for
the same.
• Supreme Court in Society for Un-Aided Private Schools of Rajasthan vs. U.O.I &
Another 2012 explained the relationship between Fundamental Right to Life under article
21, Right to Education under Article 21 A, Directive Principles of State Policy under
Articles 41, 45 and 46 and Fundamental Duty under Article 51-A (k). The court held that
unlike other fundamental rights, the right to education places a burden not only on the
State, but also on the parent/guardian of every child [Article 51-A(k)]. The Constitution
directs both burdens to achieve one end: the compulsory education of children free from
the barriers of cost, parental obstruction or State inaction. Thus, Articles 21A and 51-A(k)
balance the relative burdens on the parents and the State. Thus, the right to education
envisages a reciprocal agreement between the State and the parents and it places an
affirmative burden on all stakeholders in our civil society.
