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Fundamental Duties PART-IV -A Article 51-A BY ATRISHEKHAR - Coggle…
Fundamental Duties PART-IV -A Article 51-A
BY ATRISHEKHAR
Features of Fundamental Duties
Following characteristics can be noted about
Fundamental Duties –
Nature – Some Fundamental Duties are moral
duties example cherishing noble ideals of freedom struggle while others are civic duties example and respecting the Constitution, National Flag and National Anthem.
Codify tasks – which are integral to Indian way
of life.
Applicability - Fundamental Duties are confined
to citizens only and do not extend to foreigners.
Non – Justiciable – The constitution does not
provide for their direct enforcement. However Parliament can implement them by suitable legislation.
All Fundamental Duties - confined to ‘citizens’ only and do not extend to foreigners
Significance of Fundamental Duties
The fundamental duties are considered significant from
the following viewpoints:
They serve as a reminder to the citizens that
while enjoying their rights, they should also be conscious of duties they owe to their country,
their society and to their fellow citizens
They serve as a warning against the antinational and antisocial activities like burning the national flag, destroying public property and
so on
They serve as a source of inspiration for the
citizens and promote a sense of discipline and commitment among them.
They create a feeling that the citizens are not
mere spectators but active participants in the realisation of national goals
They are enforceable by law. Hence, the
Parliament CAN provide for the imposition of appropriate penalty or punishment for failure to
fulfil any of them
Criticism of Fundamental Duties
Non – exhaustive – The list of duties is not
exhaustive for example important duties like casting votes, paying taxes etc. are not covered.
Nature of the duties – Some duties are vague,
ambiguous and difficult to be understood by common man. For example different interpretations can be given to the phrases like ‘noble ideals’, ‘composite culture’, ‘scientific
temper’ etc.
Non – Justiciable – Many critics have described
Fundamental Duties as a code of moral precepts due to their non – justiciable nature. Even Swaran Singh committee had recommended penalty or punishment for non - performance of duties.
Appendage to Part – IV - Critics say that the
inclusion of fundamental duties as an appendage to Part IV instead of Part 3 has
reduced the value and significance of Fundamental duties.
Verma Committee Observations
The Verma Committee on Fundamental Duties of the
Citizens (1999) identified the existence of legal provisions for the implementation of some of the
Fundamental Duties-
The Prevention of Insults to National Honour Act
(1971) prevents disrespect to the Constitution of India, the National Flag and the National Anthem.
The various criminal laws in force provide for
punishments for encouraging enmity between different “sections of people on grounds of
language, race, place of birth, religion and so on.
The Protection of Civil Rights Act (1955) provides for
punishments for offences related to caste and religion.
The Indian Penal Code (IPC) declares the
imputations and assertions prejudicial to national integration as punishable offences.
The Unlawful Activities (Prevention) Act of 1967
provides for the declaration of a communal organisation as an unlawful association.
The Representation of People Act (1951) provides
for the disqualification of members of the Parliament or a state legislature for indulging in
corrupt practice
The Wildlife (Protection) Act of 1972 prohibits trade
in rare and endangered species.
The Forest (Conservation) Act of 1980 checks
indiscriminate deforestation and diversion of forest land for non-forest purposes
Moral Character -Some of the fundamental duties are moral in nature, meaning there is no idea of
concrete expectations from the citizens
Some duties are civic in nature, meaning that duty gives a concrete idea of the expectation from the
citizen. For example: "To respect the National Flag of India" is a civic duty, it is also codified
The terminologies used in Duties are vague in nature. E.g., Scientific temper, composite culture, the spirit of enquiry.
• A good number of duties are not actually enforceable.
• Fundamental Duties has further increased the burden of Fundamental Rights.
• According to National Commission to review the working of the Constitution NCRWC -suggests that duties must be further expanded:
a. Duty to vote (SWEEP - Scheme.)
b. Duty to pay taxes.
c. Duty to instil the spirit of family values & responsible parenthood.
d. Duty of Industrial organisation to provide education to the children of their employees.
Citizens perform these duties even without state coercion. Ideally. they should not be part of fundamental law.
The Fundamental Duties are contained in Part IV-A of the Indian Constitution in Article 51-A. Fundamental
Duties were not part of the original constitution but was added later through the 42nd Constitutional Amendment Act, 1976 on the recommendation of the Sardar Swaran Singh Committee.
The justification/rationale given by the committee to have this chapter of the Fundamental Duties in the
constitution is as follows:
• The prevailing atmosphere of indifference towards
o Matters of state/government
o Larger public issues/interest, etc.
o Nation-building
• It will help in securing a balance between individual freedom (given by various articles of the constitution, largely by part 3) and larger public interests.
List of Fundamental Duties
a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (a civic duty)
(b)to cherish and follow the noble ideals that inspired the national struggle for freedom; (a moral duty)
(c) to uphold and protect the sovereignty, unity and integrity of India; (a moral duty)
(d)to defend the country and render national service when called upon to do so; (a civic duty)
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women; {(a moral duty) or a blend of both moral and civic duty}
(f) to value and preserve the rich heritage of the country's composite culture; (a moral duty)
(g)to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures; (a blend of both moral and civic duty)
(h) to develop scientific temper, humanism and the spirit of inquiry and reform; (a moral duty)
(i) to safeguard public property and to abjure violence; (a civic duty)
(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; and (a moral duty)
(k) to provide opportunities for education to his child or ward between the age of six and fourteen years. (a civic duty) (Added by the 86th amendment act, 2002).
Concept of Duties under the Constitution
Codification of very Indian way of life:
The
concept of duty
is emphasised more as opposed to rights
Specific duties - such as
pluralism, tolerance, taking care of the environment, taking care of own
children, respecting women, etc.
are symbolic of the Indian way of life derived from Indian traditions, Indian mythology, beliefs, and practices.
In general, since the hoary past, the Indian community has
placed a lot of emphasis on the concept of
"Dharma"
-in the sense of duty.
Rights and Duties are two sides of the same coin
-Being the citizen of the collective identity called
India,
as there are certain rights being enjoyed as being its citizen, so, there are certain duties towards the state
as well to fulfil.
With every right comes a corresponding duty - as a citizen,
we have the right to practice our own religion, by this, it also means that we have the duty to respect the beliefs of other religions
Mahatma Gandhi believed that if each citizen focusses more on the duties, rights will come automatically.
Serves as a warning
The duties also serve as a warning against those citizens who tries to engage in
anti-social activities, which is likely to influence our brotherhood, unity, integrity, harmony, etc.
Message
The fundamental duties send a message to the citizens that they are not mute spectators,
rather they are active participants in the process of nation-building
Fundamental Rights (FR) and Directive Principles of State Policy (DPSP)
The promises mentioned
in part Ill as fundamental rights and part IV as DPSP cannot be fulfilled or realised unless citizens perform their fundamental duties in part IV-A
. For example -education being a part of all the three
parts of the constitution-Part 111, Part IV, and Part IV-A
. These three parts of the constitution form the
organic whole within the constitution and these parts interact with each other, feed off each other complement each other and supplement each other.
Apex Court on the fundamental duties
The legal status of part IV-A is no different from part IV: Meaning part IV(DPSP) gives policy directions/guidelines towards the states without legal sanction and part IV-A (fundamental duties) are directed towards the citizens, also without legal sanctions.
Though the state can make laws to prevent violation of fundamental duties.
Also, citizens cannot claim that they are properly equipped to perform these duties.
Fundamental duties cannot be enforced through writs.
It is applicable/confined to the citizens of India only. Though the foreigners should not disrespect or violate the fundamental duties.
Part IV-A has disproportionately increased the burden of fundamental rights.
If a law conflicts with article 14 or 19 of the constitution, but the law is trying to implement a fundamental duty, it will not be immediately struck down under Article 13(2), but it will be seen to what extent it stands the test of reasonable classification (Article 14) and test of reasonable restriction (Article 19).
hence a law giving effect to fundamental duties can also be upheld regardless of the fact that it is also
violating article 14 or article 19 of the constitution.
MC Mehta Case,1988
This case is related to the environmental issues, in which the Supreme Court said that:
• The government must ensure that all students up to xth standard must be given compulsory lessons on the environment.
• The government should have textbooks prepared on environmental protection and distribute them at subsidised rates or free of cost.
• There should be short term training courses for teachers at the school level in environmental studies.
• Cleanliness weeks should be introduced every year to keep the own local area clean from the pollution of land, air, etc., free.
This should include people from eminent positions such as executive, legislature
and judiciary as well, rendering free services to keep their locality clean.
Yamuna Shankar Mishra Case, 1997
This case is related to fundamental duty 51-A(j). In this judgement, the court said that:
When the seniors are filling the Annual Performance Report (APR) of their juniors - do so objectively and in such a manner that a fair and better assessment is given to them. It means that they should keep in mind article 51-A(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 achievment
National Anthem
In 2016, the Supreme court gave a judgement that before a screening of the Picture in Cinema halls there
should be rendering of the National Anthem and the viewers of the film should stand up in attention position and pay respect to the National Anthem.
The apex court further gave justification for the judgement that This
will help in instilling constitutional patriotism
But in 20 18, the Supreme court modified its 20 16 judgement and made it optional for cinema halls to
play the 52-second national anthem before every show.
The Court clarified that it is not mandatory to
play the anthem before screenings in cinemas. It left the choice of whether to play the anthem or not to the discretion of individual cinema hall owners
However, if the anthem is played, patrons in the hall are
bound to show respect by standing up
The court clarified that the exception granted to disabled persons
from standing up during the anthem "shall remain in force on all occasions".
The prevention of Insult to National Honour Act of 1971 states " Whoever intentionally prevents the singing
of the Jana Gana Mana or causes disturbances to any assembly engaged in such singing shall be punished with imprisonment for a term, which may extend to three years, or with fine, or with both." But this act says nothing about standing
Jehovah witness case/ Emmanuel versus state of Kera la case 1986
Jammu & Kashmir High court Judgement 2021
In a significant judgment, the Jammu & Kashmir high court has held that while not standing up for the
national anthem could be considered 'disrespect' to the anthem, it does not constitute an offence under the Prevention of Insults to National Honour Act, 1971.
This case dealt with three children belonging to the Jehovah Witnesses sect refusing to sing the anthem in
the school assembly because of their religious constraints though they stood up in respect, to drive in the point that standing up is indeed a sign of "proper respect" to the anthem