CHAPTER 15

Fundamental Duties

Part IVA)

(Article 51A)

Article 51A. Fundamental Duties

Explain the 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 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 leaving 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.

Whether the fundamental duties enforceable on not?

The fundamental duties were added by the forty-second Amendment of the Constitution in 1976. The last duty (k) was added by the Constitution 86th Amendment Act, 2002.

In a democratic socialism, people must realise that while they have some rights, they also owe some duties and responsibilities to others and the nation. These duties have been incorporated with a view to inculcate a sense of responsibility in the people.

Bijoe Emmanuel v. State of Kerala, MANU/SC/0061/1986 : AIR 1987 SC 748: (1986) 3 SCC 615: 1986 JT 115: 1986 (3) Supreme 344: 1986 (3) SCJ 395. Article 51A(a) enjoins a duty on Indian citizens to show respect to National Anthem. A person shows no disrespect to the National Authem if he stands up respectfully when the National Anthem is sung but does not join in the singing.

Union of India v. Naveen Jindal, MANU/SC/0072/2004 : AIR 2004 SC 1559: 2004 AIR SCW 705: JT 2004 (2) SC 1: MANU/SC/0072/2004 : (2004) 2 SCC 510: (2004) 1 SCALE 677: 2004 (1) Supreme 880: 2004 (2) UJ (SC) 955. Every citizen has the right to fly the National Flag subject to the restrictions specified in article 51A(c).

AIIMS Students' Union v. AIIMS, MANU/SC/0480/2001 : AIR 2001 SC 3262: 2001 AIR SCW 3143: JT 2001 (7) SC 12: MANU/SC/0480/2001 : (2002) 1 SCC 428: 2001 (4) SCJ 590: (2001) 5 SCALE 430: 2001 (6) Supreme 367. The Supreme Court observed that article 51A does not expressly cast any fundamental duty on the State, the duty of every citizen of India is the collective duty of the State.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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