For the successful completion of this project , I would like to thank my Jurisprudence teacher Dr Asad Malik. He made the concepts of the topic so clear in my mind that it became very easy for me to work on the topic. It would not have been possible to complete the project work without his guidance.

I would also like to thank my elder sisters and my elder brother who were a constant support throughout the project making.

Last, but not the least I would like to thank my Parents who stood by me through every thick and thin.

Thanking you

Zain.A.Khan

B.A. LLB.(H)

Fourth Semester.

THE IMPORTANCE OF FUNDAMENTAL DUTIES

Introduction

The Fundamental Duties of citizens were added to the Constitution by

the 42nd Amendment in 1976, upon the recommendations of

the Swaran Singh Committee that was constituted by the government

earlier that year. Originally ten in number, the Fundamental Duties

were increased to eleven by the 86th Amendment in 2002, which

added a duty on every parent or guardian to ensure that their child or

ward was provided opportunities for education between the ages of

six and fourteen years. The other Fundamental Duties obligate all

citizens to respect the national symbols of India, including the

Constitution, to cherish its heritage, preserve its composite culture

and assist in its defense. They also obligate all Indians to promote the

spirit of common brotherhood, protect the environment and public

property, develop Scientific temper abjure violence, and strive

towards excellence in all spheres of life. Citizens are morally

obligated by the Constitution to perform these duties. However, like

the Directive Principles, these are non-justifiable, without any legal

sanction in case of their violation or non-compliance. There is

reference to such duties in international instruments such as the

Universal declaration of Human Rights and International Covenant on

Civil and Political Rights, and Article 51A brings the Indian

Constitution into conformity with these treaties.

Criticism and analysis

Fewer children are now employed in hazardous environments, but

their employment in non-hazardous jobs, prevalently as domestic

help, violates the spirit of the constitution in the eyes of many critics

and human rights advocates. More than 16.5 million children are in

employment. India was ranked 88 out of 159 countries in 2005,

according to the degree to which corruption is perceived to exist

among public officials and politicians. The year 1990–1991 was

declared as the "Year of Social Justice" in the memory of B.R.

Ambedkar. The government provides free textbooks to students

belonging to scheduled castes and tribes pursuing medicine and

engineering courses. During 2002–2003, a sum of Rs. 4.77 crore

(47.7 million) was released for this purpose. In order to protect

scheduled castes and tribes from discrimination, the government

enacted the Scheduled Caste and Scheduled Tribe (Prevention of

Atrocities) Act, 1989, prescribing severe punishments for such

actions.

The Minimum Wages Act of 1948 empowers government to fix

minimum wages for people working across the economic

spectrum. The Consumer Protection Act of 1986 provides for the

better protection of consumers. The Equal Remuneration Act of 1976

provides for equal pay for equal work for both men and

women. The Sampoorna Grameen Rozgar Yojna (Universal Rural

Employment Programme) was launched in 2001 to attain the

objective of providing gainful employment for the rural poor. The

programme was implemented through the Panchayati Raj institutions.

A system of elected village councils, known as Panchayati Raj covers

almost all states and territories of India. One-third of the total number

of seats have been reserved for women in Panchayats at every level;

and in the case of Bihar, half the seats have been reserved for women.

The judiciary has been separated from the executive "in all the states

and territories except Jammu and Kashmir and Nagaland." India's

foreign policy has been influenced by the Directive Principles. India

supported the United Nations in peace-keeping activities, with

the Indian Army having participated in 37 UN peace-keeping

operations.

The implementation of a uniform civil code for all citizens has not

been achieved owing to widespread opposition from various religious

groups and political parties. The Shah Bano case (1985–86) provoked

a political firestorm in India when the Supreme Court ruled that Shah

Bano, a Muslim woman who had been divorced by her husband in

1978 was entitled to receive alimony from her former husband under

Indian law applicable for all Indian women. This decision evoked

outrage in the Muslim community, which sought the application of

the Muslim personal law and in response the Parliament passed the

Muslim Women (Protection of Rights on Divorce) Act, 1986

overturning the Supreme Court's verdict. This act provoked further

outrage, as jurists, critics and politicians alleged that the fundamental

right of equality for all citizens irrespective of religion or gender was

being jettisoned to preserve the interests of distinct religious

communities. The verdict and the legislation remain a source of

heated debate, with many citing the issue as a prime example of the

poor implementation of Fundamental Rights.

Fundamental Duties of citizens serve a useful purpose. In particular,

no democratic polity can ever succeed where the citizens are not

willing to be active participants in the process of governance by

assuming responsibilities and discharging citizenship duties and

coming forward to give their best to the country. Some of the

fundamental duties enshrined in article 51A have been incorporated in

separate laws.

For instance, the first duty includes respect for the National Flag and

the National Anthem. Disrespect is punishable by law. To value and

preserve the rich heritage of the mosaic that is India should help to

weld our people into one nation but much more than article 51A will

be needed to treat all human beings equally, to respect each religion

and to confine it to the private sphere and not make it a bone of

contention between different communities of this land. In sum, the

Commission believes that article 51A has travelled a great distance

since it was introduced in the Forty-second Amendment and further

consideration should be given to ways and means to popularise the

knowledge and content of the Fundamental Duties and effectuate

them.

The most important task before us is to reconcile the claims of the

individual citizen and those of the civic society. To achieve this, it is

important to orient the individual citizen to be conscious of his

social and citizenship responsibilities and so shape the society that

we all become solicitous and considerate of the inalienable rights of

our fellow citizens. Therefore, awareness of our citizenship duties is

as important as awareness of our rights. Every right implies a

corresponding duty but every duty does not imply a corresponding

right. Man does not live for himself alone. He lives for the good of

others as well as of himself.

It is this knowledge of what is right and wrong that makes a man

responsible to himself and to the society and this knowledge is

inculcated by imbibing and clearly understanding one’s citizenship

duties. The fundamental duties are the foundations of human dignity

and national character. If every citizen performs his duties

irrespective of considerations of caste, creed, colour and language,

most of the malaise of the present day polity could be contained, if

not eradicated, and the society as a whole uplifted. Rich or poor, in

power or out of power, obedience to citizenship duty, at all costs and

risks, is the essence of civilized life.

Spirit of Harmony and Dignity of Women 

Some further thought needs to be given to clauses (e) and (f) of

article 51A. Article 51A(e) desires the promotion of harmony and the

spirit of common brotherhood among all the people of India

transcending religious, linguistic and regional or sectional diversities

and renunciation of practices derogatory to the dignity of women. It

is couched in broad terms but it should be clear that attacks on

minority communities or minority opinions are frowned upon.

Respect for both are essential and the wording lends support to a

broad humanism to cover such differences as may exist or better still,

co-exist.

Two thoughts can be distilled. The first is that the objective will not

be reached unless there is a determined effort to restrict religious

practices to the home on the justified premise that one’s religion is a

personal matter and is not conducive to mass assertiveness. The

other is the status of women.

Lip service is being paid to the doctrine of gender equality. The fact

remains that generally women are still regarded as inferior both

home and workplace although the Commission has noticed an

improvement, however dissatisfied it may be with the degree of the

at improvement. It is necessary to separate religious precepts from

civil law. Civil law as the name implies is a matter for society not

for religious leaders and it would seem to us to be axiomatic that in

matters of civil rights, laws of property and inheritance and marriage

and divorce, although practices may differ, legal rights that accrue

must be the same. For example, a marriage may be solemnised

according to religious or social custom but the rights of a woman in

the case of divorce must be the same no matter what her religion is.

Clause (e) of article 51A also seems to cover the need to regard all

human beings equally. In this connection, it is necessary to consider

the question of the upliftment of the Scheduled Castes and other

disadvantaged sections of our society. The scourge must be

eradicated. The Constitution gave us ten years to do the job; the

provision has been extended to fifty years and we are in our sixth

ten-year period but we are no nearer the goal. The discrimination is

two-fold. It is economic-condemning whole sections of our society

numbering millions to menial jobs as part of the evil of treating them

as sub-human. We have provided for reservation of jobs to these

people, we have even given them separate constituencies to

represent them. It has created a vested interest in backwardness. The

other adverse result is that it has had no effect on their status in

society, which continues to be determined by birth and not human

worth and human personality. It is this social stigma which still

plagues our people and the struggle to restore to them basic human

dignity has made no significant progress. While the Commission

appreciates the context in which affirmative action became

necessary, it feels that reservation of jobs and seats in the

legislatures will not help this aspect of the matter.

It is quite clear to the Commission that the disease of considering

human beings as high or low based on the accident of birth is a

disease rooted in the mind and it is in the mind that the defences of a

society based on human dignity and equality must be constructed.

Logically this leads directly to the conclusion that the key lies in

education. The time to begin training our young people to respect

the National flag and sing the National anthem, to respect women, to

hold all religions equal and deserving of as much respect as one’s

own, to accept that all human beings are born equal and are entitled

to equal treatment are among principles best taught by examples

when the child is too young to understand but not too young to obey.

The focus must, therefore, shift to education which has suffered

from serious neglect. Schools restrict admissions on unacceptable

criteria, teachers themselves are untrained and often politicised, as is

the curriculum. Despite these hardships, many of our young people

have done well.

COMPOSITE CULTURE

Clause (f) of article 51A requires us to value and preserve the rich

heritage of our composite culture. It follows that we may not break

each other’s places of worship, set fire to religious texts, or beat up

one another’s priests or obstruct those who exercise their

Fundamental Right under article 25 to profess, practice and

propagate religion. Composite culture means culture drawn from

many strands. Here again education in its broadest and best sense

can provide the corrective to the aberrations that have occurred.

Education is not confined only to the time spent in schools and

colleges. Education begins at birth in the subconscious and

continues till death. Anyone who says that he has nothing more to

learn is already brain-dead.

It follows that the influences that play on a child at home are of great

importance. Parents should understand that education begins at

home, the examples they set, the environment of enlightenment and

tolerance that is necessary to produce good citizens cannot be sub-

contracted to formal schooling important though this is. Schemes

should, therefore, be framed that include parents in social activities

that have as their objective the country’s age-old traditions, its

welcome to the persecuted of every faith, its virtues of tolerance of

and respect for all religions and a certain pride in belonging to this

land and in being considered as Indian. The highest office in our

democracy is the office of citizen; this is not only a platitude, it must

translate into reality.

Rationale & Significance

Fundamental Duties are the modernization of the constitution.

Fundamental duties have been incorporated in the Indian Constitution

to remind every citizen that they should not only be conscious of their

rights, but also of their duties. We have borrowed these duties from

the constitution of Japan. Constitutions of Japan, Yugoslavia, and

Republic of China contain them. The Constitution of Soviet Union

(USSR) also contains fundamental duties.

Under Indian constitution, the Constitution (42nd) Amendment Act,

1976 inserted a new part IV A consisting of Article 51A has been

added to the constitution. Article 51 A lays down the following ten

Fundamental Duties:

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 the sovereignty, unity and integrity of India;

d) To defend the country and render national services, 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

t5he 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

endeavor 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 sex to

fourteen years.

The various clauses of Article 51 A express fine sentiments. Some of

the above duties are already being enforced through ordinary law for

example there are laws making any activity disrupting the sovereignty

and territorial integrity of India illegal and penal. But some of the

other duties mentioned above appear to be legally unenforceable for

they are vague and imprecise. These can at best be regarded as

„directory‟. As regards enforceability of these duties, it has been held1

that these duties being duties of individual citizens cannot be enforced

through mandamus as they cast no public duties. The duties can be

promoted by constitutional means.

Even though, the significance of the Article 51 A lies in the fact that

these clauses can be taken in to consideration in relation to

interpretation of statutes and Acts of the parliament or state

legislature, especially an ambiguous statutes. It has been aptly

observed 2that:

1 Surya Narain v. Union of India, AIR 1982, Raj. 1, 2.

2 AIIMS Students Union V. AIIMS AIR 2001 SC 3262

“Fundamental duties though not enforceable by a writ of the court,

yet provide a valuable guide and aid to interpretation of

constitutional and legal issues. In case of doubt or choice of people’s

wish as manifested through Article 51 A can serve as a guide not only

for resolving the issues but also for constructing or moulding the

relief to he given by the Courts. Constitutional enact5ment of

fundamental duties if it has to have any meaning must be used by

courts as a tool to tap, even a taboo, on state action drifting away

from constitutional values, the judges declared.”

The present research is going to stress on the aspect of importance of

the research theme in the governance of the country, by focusing on

the responsibilities given to the citizens as well as state to follow and

implement these respectively. Here, the present Article if it has to

have any meaning also needed to be seen applied by the judiciary as

and when occasion demands for the purpose of interpretation of the

constitutional and legal issues. The fundamental duties are not made

enforceable like fundamental rights but it cannot overlook as “duties”

in Part IV A is prefixed by the same word “fundamental” which was

prefixed by the founding fathers of the Constitution to “right” in Part

III. Though Article 51A does not cast any fundamental duty on the

state, the fact remains that the duty of every citizen is the collective

duty of the State.

Researcher is going to concentrate on the need of the duties in the

context of governance of the country. Since rights and duties are

correlative, the fundamental duties, are, therefore, intended to serve as

a constant reminder to every citizen that while the Constitution

specifically conferred on them certain fundamental rights, it also

requires citizens to observe certain basic norms of democratic conduct

and democratic behaviour.

Needs for fundamental duties:

Rights and duties are correlative. The fundamental duties, are

therefore, intended to serve as a constant reminder to every citizen

that while the constitution of our county specifically conferred on

them certain fundamental rights, it also requires citizens to observe

certain basic norms and rules of the democratic conduct and

democratic behaviour. It was claimed by the ruling party, the

Congress that what the framers of the Indian constitution failed to do

was being done now. The omission is being rectified by providing a

chapter on citizen’s duties. It was argued that in India people lay

emphasis only on rights and not on duties.

It is submitted, this view is wrong. The performance of one’s duties

even in partial disregard of one’s rights and privileges has been

traditional in this country. Since time immemorial the emphasis in

Indian society in accordance with the dictates of the ancient scriptures

has been on the individual’s “kartavya”, this is , performance of one’s

duties towards society, the country and especially towards one’s

parents. The Gita and the Ramayana enjoin people to perform their

duties without caring for their rights or (fruits).

These traditional duties have been given constitutional sanction. “if

one takes care to see, he will discover in the Constitution not only his

rights but also his duties”. A look at the constitution will also thus

answer the complaint of some persons that the constitution has

conferred rights on the individual but has not set out the duties of the

individuals towards the society.3 By the preamble of the constitution

secures to all the fundamental rights of the citizens :”liberty of

thought, expression, belief, faith and worship.” These are

fundamental rights of the citizens. The rest of the preamble

emphasises only the duties, “justice, social, economic and political”.

In addition to this, the fundamental rights guaranteed by the

constitution are not absolute rights. The state is empowered to impose

reasonable restriction and curtail these rights in the interest of the

society. Restrictions may sometimes amount to prohibition.”4

SOURCE OF FUNDAMENTAL DUTIES AND FUNDAMENTAL

DUTIES OF INDIA COMPARED TO OTHER COUNTRIES:

It is significant to note that none of the constitutions of western

countries specifically provide the duties and obligations of the

citizens. Among the democratic constitutions of the world, we find

certain duties of the citizens in the Japanese constitution. In Britain,

Canada and Australia the rights and the duties of the citizens are

governed by common law and judicial decisions. The American

constitution provides only for fundamental rights and does not refer to

3 V.s Deshpande.4 Narendra v. union of india, AIR 1960 sc 430.

duties of the citizens. It does not mean that the people of these

countries behave in an irresponsible manner. In all these countries the

citizens are imbued with a high sense of patriotism as a result of

education and training in the elementary duties and obligations of

citizenship.

The constitution of socialist countries, however, lay great emphasis on

the citizens’ duties. Article 32 of the Yugoslavian constitution lays

down: “the freedom and rights shall be achieved in solidarity among

the people by the fulfilment of their duties towards each other.”

Article 36 says, “ The right to work and the freedom to work are

guaranteed and whoever will not work, though he is fit to do so, shall

not enjoy the rights and the social “protection that man enjoys of the

basis of work”. Article 66 lays down, “every citizen shall

conscientiously discharge any public or social office vested in him

and shall be personally accountable for discharging it.”

But among the Socialist countries, the Soviet constitution contains a

comprehensive chapter on the citizen’s duties. Chapter 7 of the soviet

constitution lays down fundamental rights and duties. Article 59

provides that every citizen of the USSR are obliged to observe the

constitution of the USSR and soviet laws , comply with the standard

of socialist conduct and uphold the honour of Soviet citizenship.

Article 61 lays down that every citizen of USSR are obliged to

preserve and protect Socialist property. Persons encroaching in any

way on the socialist property shall be punished according to the law.

Article 62 provides that defence of Soviet motherland is the sacred

duty of the citizens of USSR. Article 63 makes military service

compulsory which says military service in the armed forces of the

USSR is a honourable duty of the Soviet citizens. Betrayal of the

motherland is the gravest crimes against the people.5

Thus, the Soviet Constitution imposes upon the people definite duties

towards society and towards the state. These duties can be summed up

as follows; Observance of the constitution and the laws to maintain

labour decipline, honest performance of public duties, respect for the

rules of socialist society which govern the conduct of citizens in

relation to society and each other safeguarding of public socialist

property, universal military service and defence of the country.

Like the soviet constitution, chapter II of the constitution of Republic

of China lays down specific duties upon the people. Article 118 lays

down, “citizens of China have the right to work, that is, the right to

guaranteed employment and payment for the work in accordance with

its quality and quantity.

It is interesting to note here that while all the aforesaid constitutions

specifically lay down duties of the prople, they also guarantee the

“right to work” to every citizen, this is an important omission in the

Indian constitution even today. Poverty is a curse. Necessity knows

5 According to the new constitution of USSR.

no law. A poor and unemployed cannot be expected to perform his

duties towards the society if the society fails to discharge its

obligation towards individuals. The right to work should, therefore,

be guaranteed to every citizen who are expected to do certain duties to

the nation.

ENFORCEMENT OF FUNDAMENTAL DUTIES

The duties incorporated in the constitution by the 42nd Amendment are

statutory duties and shall be enforceable by law. Parliament, by law

will provide penalties to be imposed for failure to fullfill those duties

and obligations . The success of this provision would however much

depened upon the manner in which and the person against whom

these duties would be enforced.

For the proper enforcement of duties, it is necessary that it should be

known to all. This should be done my a systematic and intensive

education of the people that is by publicity or making it a prt of the

syllabi and curriculum of education. The law minister has himself

suggested this. Most of the people of this country are illetrate and not

politically conscious of what they owe to the society or to the country.

Homes, Universities, officers and their places of work should all be

made centres for imparting in the performance of their obligations.

In M.C Mehta (2) v. Union of India6, the supreme court has held that

under article 51 A (g) it is the duty of the central government to

6 (1983) 1scc 471

introduce compulsory teaching of lesions atleast one hour in a week

on protection and improvement of natural environment in al the

educational institutions of the country.

FUNDAMENTAL DUTIES AS AN AID IN THE

INTERPRETATION OF THE PROVISIONS OF THE

CONSTITUTION

In AIIMS Students Union v. AIIMS7, speaking about the importance

of fundamental duties enshrined in article 51 A while stiking down

the institutional reservation of 33% in AIIMS coupled with 50%

reservation deciplinewise as violative of article 14 of the constitution,

the supereme court said that they are equally importance as

fundamental rights.. Though the fundamental duties are not made

emforceable like fundamental rights but it cannot overlook as “duties”

in part IV A id prefixed by the same “right” in part III. Every citizen

of India is fundamentally obliged to develop the scientific temper and

humanism. Though artice 51 A doesnot cast any fundamental duty on

the state. Thhe fact remains that the duty of every citizen is the

collective duty of the state. Any reservation apart from being

substantive on the constitutional anvil must also be reasonable to be

permissible. In assessing the reasonability of one of the factors to be

taken into consideration would be whether character and quantum of

reservation would stall or accelerate in achieving ultimate goal of

excellence anabling nation constantly rising to higher level. In the

7 AIR 2001 sc 3262

Globalisation where nation as enabling whole has to compete with

other nations of the world as to survive, excellence cannot be given

goby and certainly not compromised in entirety. Fundamental duties

though not enforceable by a writ of the court , yet provide a valuable

guide and aid to interpretation of constitutional and legal issues. In

case or doubt or choice of people’s wish as manifested through article

51 A can serve as a guide not only for resolving the issues but also for

constructing or moulding the relief to be given by the courts.

Constitutional enactment of fundamental duties if it has to have any

meaning must be used by the courts as a tool to tap, even a taboo on

state action drifting away from constitutional values, the judges

declared.

In Aruna roy v. UOI8, the validity of national curriculum framework

for school education was challenged on the ground that it was

violative of the Art 28 of the constitution and anti secular. It provies

imparting of value development education related to basic of all

religions. The court held that the NCFSE does not mention of

imparting “ religious instructions” as prohibited under art 28. What is

sought to be imparted is incorporated in article 51 (A)(e) which

provides “to promote harmony and the spirit of common brotherhood

amongst all the people of India transcending religious, linguistic and

regional or sectional diversities; to renounces practices derogatory to

the dignity of woman”. And to see that universal values such as truth

related to conduct, peace, love and non-violence be the foundation of

8 AIR 2002 sc 3176

education. Accordingly, the court held that such education is neither

violative of at. 28 of the Constitution nor is against the concept of

secularism.

In State of Gujrat v. Mirazpur Moti Kureshi Kassab Jamat9 the

petitioners have challenged the constitutional validity of Bombay

animal(preservation of Gujrat amendment Act) 1994 by which the

state had prohibited the slaughter of cows and its progeny on the

ground that it was violative of their right to carry on business under

article 19(1) (g) of the constitution.. The supreme court held that the

ban imposed by the act is a reasonable restriction with the intrest of

general public.

In Government of India v. George Philip10 the respondant had

challenged his compulsory retirement from service. He was granted

leave by the department to persue advance research training. He was

granted leave for two years. He overstayed in a foreign country

inspite of repeated reminders to come and join his duty after the

research study got over. An enquiry was instituted and the charge of

overstaying in a foreign country was proved. He was compulsorily

retired from service. The tribunal and the High court granted him

remedy of joining his service without backwages. The supreme court

set aside the order of the High Court. The supreme court held that Art.

51 –A(j) imposed a duty on citizen to strive towards excellence in all

aspects and it cannot be achieved unless employees maintain

decipline and devotion to duty. The courts should not pass orders

9 AIR 2006 SC 21210 AIR 2007 SC 705

which instead of achieving underlaying object of part IV –A of the

Constitution has tendency to destroy the same. Overstay of leave and

absence from duty by a Government employee and granting him sex

months time to join his duty amount to not only giving him premium

to indiscipline but wholly subversive of work cultures in organisation.