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INTRODUCTION

The fundamental duties are listed in Part IV-A of the Indian Constitution. This section consists of only one Article, 51-A, which was added by the 42nd Amendment in 1976. Initially, there were ten fundamental duties for Indian citizens, but this number increased to eleven after the 86th Amendment in 2002. These duties are enforceable by law, and Parliament can impose penalties for failing to fulfill them. The concept of fundamental duties was borrowed from the Constitution of Russia (USSR).

FUNDAMENTAL DUTIES (ARTICLE 51-A)

Article 51-A outlines the duties of every citizen of India:

1. 1. Respect and abide by the Constitution, its ideals, and institutions, as well as the National Flag and National Anthem.
   2. Embrace and uphold the noble ideals that inspired the struggle for India’s freedom.
   3. Uphold and protect the sovereignty, unity, and integrity of India.
   4. Defend the country and serve when needed.
   5. Promote harmony and the spirit of brotherhood among all people of India, transcending religious, linguistic, and regional differences, and renounce practices derogatory to the dignity of women.
   6. value and maintain India’s rich cultural heritage.
   7. Protect and enhance the natural environment, including forests, lakes, rivers, and wildlife, and show kindness to all living creatures.
   8. Develop a scientific temper, humanism, and the spirit of inquiry and reform.
   9. safeguard public property and to abjure violence.
   10. Aim for excellence in all personal and community activities, helping the nation reach higher levels of achievement.
   11. Provide opportunities for education to children or wards between the ages of six and fourteen years (added by the 86th Amendment Act, 2002).

Needs for Fundamental Duties

The fundamental rights and fundamental duties are interconnected. The principle “where there is a right, there is a remedy” applies here, meaning there can be no rights without corresponding duties. Fundamental duties serve as a reminder that while citizens have certain rights, they also have obligations to observe basic norms of democratic conduct.

The Constitution guarantees “liberty of thought, expression, belief, faith, and worship,” but it also emphasizes duties such as “justice, social, economic, and political.” Fundamental rights are not absolute; the State can impose reasonable restrictions on these rights for the greater good of society.

From where it was taken

Unlike many Western constitutions, which do not explicitly list citizens’ duties, the Indian Constitution includes them, inspired by the Soviet Constitution, which contains a detailed chapter on citizens’ duties. Similarly, the Constitution of the Republic of China also specifies citizens’ duties. However, these constitutions also guarantee the “right to work,” which is not explicitly mentioned in the Indian Constitution.

Enforcement of duties

The duties listed in the Constitution by the 42^nd Amendment are enforceable by law, and Parliament can impose penalties for failing to fulfill them. The success of this provision depends on how and against whom these duties are enforced. Public awareness and education about these duties are crucial.

In M. C. Mehta v. Union of India, the Supreme Court held that under Article 51-A(g), it is the duty of the Central Government to introduce compulsory teaching on the protection and improvement of the natural environment in all educational institutions. The Court also suggested organizing cleanliness drives to raise awareness about environmental cleanliness.

Fundamental Duties as an aid to interpretation 

State of Gujarat v. Mirazpur Moti Kureshi Kassab Jamat
In this case, the petitioners challenged the constitutional validity of the Bombay Animal (Preservation of Gujarat Amendment) Act, 1994, which prohibited the slaughter of cows and their progeny. They argued that this law violated their right to conduct business under Article 19(1)(g) of the Constitution. The Supreme Court held that the ban was a reasonable restriction on their business and was in the interest of the general public as per clause (6) of Article 19. The Court also noted that restrictions aimed at promoting the objectives of the directive principles in Article 48 and Article 51-A are reasonable restrictions on the fundamental right to conduct business, and therefore, the law was valid.

Government of India v. George Philips,

In this case, the respondent challenged his compulsory retirement from service. He had been granted leave to pursue advanced research training abroad for two years but overstayed despite repeated reminders to return. After an inquiry, he was found guilty of overstaying and was compulsorily retired from service.

The tribunal and the High Court initially allowed him to rejoin his service without back wages. The Supreme Court emphasized that Article 51-A(1) imposes a duty on citizens to strive for excellence in all spheres, which requires maintaining discipline and devotion to duty. The Court ruled that judicial decisions should not undermine the spirit and objectives of Part IV-A of the Constitution.

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