Introduction

Article 51A of the Constitution of India, 1950 (COI) deals with fundamental duties. This Article was added in Part IV-A by the 42^nd Amendment Act, 1976 and contains eleven fundamental duties.

Article 51A, COI

• This Article states that 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 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 wildlife, 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 six and fourteen years.

• • This was added by the Eighty-sixth Amendment Act of 2002.

Need for Fundamental Duties

• The fundamental duties are intended to serve as a constant reminder to every citizen that while the Constitution confers on them certain Fundamental Rights, it also requires citizens to observe certain basic norms of democratic conduct and behavior.
• They act as a warning to the people against anti-social activities.
• They assist in the promotion of a sense of discipline and commitment towards the nation and help in determining the constitutionality of law.

Enforcement of Fundamental Duties

• These duties are statutory in nature and shall be enforceable by law.
• Parliament by law will provide penalties to be imposed for failure to fulfil those duties and obligations.

Case Laws

• Shri Rangnath Mishra v. Union of India (2003), the Supreme Court held that fundamental duties should not only be enforced by legal sanctions but also by social sanctions.
• AIIMS Students Union v. AIIMS (2001), the Supreme Court held that fundamental duties are equally important as fundamental rights. Though fundamental duties are not enforceable like fundamental rights they cannot be overlooked as duties in Part IV A of the COI.