SCHOOL OF LAW, HYDERABAD

2021-2026

Political Science -I
Topic: FUNDAMENTAL DUTIES
Submitted To: Dr Prakash Jha
Submitted on: 15 December 2021

Submitted by : Name: Dashami Sunil

Sap ID: 81012100657
Course: BA LL.B, Semester I

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ESSAY ON FUNDAMENTAL DUTIES OF INDIA
The essential responsibilities enumerated in the Indian Constitution
are a component of all constitutions. Fundamental Duties are a way
to deduce moral responsibilities to the country's inhabitants. They
are made available to foster patriotism and strengthen India's
sovereignty. These responsibilities were established by the 42nd and
86th amendments to the constitution. The responsibilities are not
subject to any legal challenges and are intended to be observed by
all citizens. Here is a lengthy article that covers all aspects of an
Indian citizen's basic responsibilities.

Introduction
India's citizens have several essential rights that help to ensure the country's
democracy. However, when there are rights, there are also responsibilities that
allow us to use those rights. Fundamental Duties are what they're called. As
part of democracy, people have certain rights and freedoms; but they are also
expected to do some work for the country. These responsibilities are meant to
be scrupulously observed by Indian citizens, yet disobeying them would not
hurt them. Article 51A of Part IV A of the Indian Constitution outlines the
essential responsibilities. These responsibilities might be regarded in the
following way: if the state or country is alone responsible for providing its
citizens with certain powers and freedoms, it is the people's responsibility to
look after the state and to bear some responsibilities towards it. These
fundamental responsibilities require citizens to protect and obey national
symbols.
Rights and duties are mutually exclusive. "There can be no right without a
matching obligation," Salmond says. And, while it is true that rights cannot
exist without responsibilities, the existence of one without the other is equally
meaningless. We can't have a right without a matching obligation, and we
can't have a duty without a corresponding right, thus when we talk about a
right, we're talking about a 'right and duty' relationship between two people.
Every right or duty is accompanied by an obligation. Every legal system has
both rights and responsibilities, and both are necessary for a country's smooth

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operation. In the same way, the constitution of India includes both
fundamental rights and fundamental responsibilities.

What are our Fundamental Duties?

The 42nd and 86th amendments to the Indian Constitution included the
Fundamental Duties. Fundamental obligations are not supposed to be
imposed on citizens of India because it is a democratic country, but they
should be followed by the Indian people. The Indian Constitution's Article 51A
lists the following basic responsibilities:
a) To respect the constitution's values and institutions, as well as the
National Flag and the National Anthem- Every citizen has a responsibility
to respect the values of liberty, justice, equality, and fraternity, as well as
the institutions of the administration, legislature, and judiciary. As a
result, we are all expected to uphold the dignity of the constitution by
refraining from engaging in any activities that contradict it in text and
spirit. It further adds that any act of disrespect to the constitution, the
National Anthem, or the National Flag, whether overt or covert, will
result in the loss of all our rights and our very existence as citizens of a
sovereign nation.
b) To preserve and uphold the great values that inspired our country's
struggle for independence—Indian citizens must cherish and uphold the
noble ideals that inspired the country's struggle for independence.
These principles included the creation of a just society and a united
nation based on freedom, equality, nonviolence, brotherhood, and
global peace. If Indian citizens remain aware of and dedicated to these
ideas, we will be able to rise above the different separatist tendencies
that rear their ugly heads from time to time.
c) One of the most important national tasks of all Indian people is to
defend and protect the country's sovereignty, unity, and integrity. India
is a big and diverse country with people of all castes, religions, sexes, and
languages; if the country's freedom and unity are compromised, a united
nation is impossible. As a result, the people have sovereignty in some
ways. These were originally mentioned in the preamble, and under
Article 19(2) of the Constitution, reasonable restrictions on freedom of
speech and expression are permissible in the interest of India's
sovereignty and integrity.

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 d) Every citizen must protect our country against external foes and
undertake national service when called upon to do so. All citizens must
be aware of any such elements entering India, and they must be
prepared to take up guns to defend themselves if necessary. It is
targeted to all citizens who are not members of the army, navy, or air
force.
e) To foster unity and a spirit of fraternal brotherhood among all Indians,
regardless of religious, linguistic, regional, or sectional differences; to
reject traditions that degrade women's dignity – Given the great
differences among individuals, the presence of a single flag and
citizenship promotes the citizens' sense of brotherhood. It states that
people should strive for excellence in all domains and rise above limited
cultural differences.
f) To cherish and maintain our composite culture's rich heritage — our
cultural heritage is one of the noblest and richest, and it is also part of
the earth's heritage. As a result, it is our responsibility to safeguard what
we have inherited from the past, to preserve it, and to pass it on to
future generations. India is also home to one of the world's oldest
civilizations. Our contributions to art, science, and literature are well-
known around the world, and this area is also where Hinduism, Jainism,
and Buddhism originated.
g) To maintain and improve the natural environment, including forests,
lakes, rivers, and wildlife, as well as to have compassion for living beings
— these natural reserves are our country's most valuable assets, and it
is everyone's responsibility to protect them. Rising pollution and
widespread forest degradation are wreaking havoc on all human lives on
the planet. Increased natural disasters are proof of this. It is further
reaffirmed in another constitutional clause, article 48A, Directive
Principles of State Policy, which declares that the environment must be
protected and improved, and forests and wildlife must be safeguarded.
h) To cultivate a scientific temperament, humanism, and a spirit of inquiry
and change - It is common knowledge that we must learn from global
experiences and advancements to further our growth. Every person has
a responsibility to safeguard and foster the scientific temper and spirit
of inquiry to stay up with the fast-changing world.
i) To protect public property and avoid violence – it is regrettable that in a
country that preaches nonviolence to the rest of the world, we

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 experience occurrences of mindless violence and destruction of public
property from time to time. Among all the fundamental responsibilities,
this one is especially important in the current situation, when strikes,
protests, and other forms of civil disobedience have become
commonplace. Whenever there is a strike, bandh, or protest, the mob
develops an attitude of harming and looting public property such as
buses and buildings, and citizens who are supposed to be protectors
become mute bystanders.

j) To strive for excellence in all realms of individual and collective activity

so that the nation continues to soar to new heights of success and
endeavour. – Whatever work we do as responsible citizens should be
geared toward achieving the objective of excellence so that our country
can continue to rise to higher levels of effort and performance. This
clause has the potential to not only rejuvenate and rebuild the country
but also to elevate it to the highest level of excellence attainable.

k) Who is a parent or guardian to provide opportunities for education to his

child or, as the case may be, ward between the ages of six and fourteen
years – the National Commission to Review the Workings of the
Constitution recommended that education be made a fundamental
right of all children up to the age of fourteen. However, the 86th
Constitutional Amendment Act of 2002 made free and compulsory
education a legally enforceable fundamental right for all children aged 6
to 14.

What is the history of Fundamental Duties?

(Significance)
The essential obligations were adopted during a dark period in Indian
democracy known as the Emergency. It was adopted based on the
recommendations of a 12-member committee led by Swaran Singh. The report
was considered, and the 42nd Amendment, which established fundamental
obligations, was enacted in 1976. The notion of establishing fundamental
duties was inspired by the constitution of the Union Soviet Socialist Republic.
The committee's report was also based on Article 29(1) of the 1948 Universal

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Declaration of Human Rights. Previously, there were only ten basic
responsibilities. In 2002, the 86th amendment to the Constitution added the
11th Duty. The Justice Verma Committee was formed, and it took action to
make these responsibilities enforceable in all types of educational institutions.
That is why students are required to perform the national anthem each
morning.

What is the Importance of Fundamental

Duties?
Fundamental Duties are just as vital as Fundamental Rights if we don't know
what we're supposed to do and don't do it. We aren't expected to beg for
rights after that. These rights not only teach moral principles but also aid in the
learning of patriotism and social values in certain circumstances. These
responsibilities will not generate any legal concerns, but citizens are expected
to comply. The following are some of the most important core responsibilities:
• It has the potential to eliminate illiteracy in the country.
• Nature should be kept and protected to provide a healthy environment
in the future.
• It provides for the assertion of basic rights; yet, one must fulfil one's
obligations, which will be tested in court. It becomes harder to assert
one's basic rights if one fails to perform basic responsibilities.
• It has the potential to build true brotherhood and to lead the country to
greatness in all material spheres via the collective work of men.
• It forbids civilians from committing acts of sabotage against the
government.

Criticism of Fundamental Duties

• Some of these are difficult for ordinary people to comprehend.
• They've been chastised for being moral precepts, religious clichés,
and imprecise and repetitious.
• There is no need to implement them because they are all done by
individuals, even if they are not mentioned.
• Their importance and worth have been diminished by their inclusion
in Part IV-A following basic rights.

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 • The Swaran Singh committee proposed certain key items, however,
they were not incorporated, such as
i. In the event of non-compliance with responsibilities,
Parliament should impose a penalty or punishment.
ii. If a penalty is issued by the preceding section, it cannot be
challenged in any court on any grounds.
iii. The need to pay taxes should be made a basic obligate.
iv. Other crucial responsibilities, like family planning and voting,
should be addressed.

CASES
1. Only (a), (g), and I will be enforceable by law, and Parliament will impose
penalties for failing to meet those responsibilities and duties. However,
this is not entirely accurate, since the debate about duty implementation
emerges in the well-known case of Bijoe Emmanual v. the State of
Kerala, 1986 (3) SCC 615. (Popularly known as the National Anthem
case) A controversy emerged in this case as to whether a citizen might
refuse to stand and sing the National Anthem (which is an obligation to
honour the National Anthem) due to personal beliefs and religion. In this
case, the Kerala Director of Public Instructions issued a circular requiring
all pupils in all schools to sing the National Anthem at school (because it
is your fundamental duty to respect our National Flag and Anthem).
While the national anthem was being sung at their school, three
youngsters from the Jehovah's Witnesses stood in line but did not sing.
The school's Head Mistress urged them to promise in writing that they
would respect the National Anthem and told them that unless they did,
she would not allow them to attend lessons. The kids were adamant
about not doing so. As a consequence, the school administration
dismissed those three students, claiming that they did not sing the
National Anthem and so had disobeyed their basic responsibilities. Bijoe
Emmanual, on behalf of the three children, filed a petition with the
Kerala High Court. The writ petition was rejected by the Kerala High
Court, which maintained the expulsion. Despite the High Court's
decision, it maintained that it is every citizen's basic obligation to respect
national integrity and sing the national anthem. The appellant took his
case to the Supreme Court. The Kerala High Court's decision was
overturned by the Supreme Court. The court ruled in favour of the

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 appellant. They had not broken the National Honour Act of 1971,
according to the court. Because they stood politely throughout the
singing of the National Anthem. India was irritated by the Supreme
Court's ruling. The press and the people have slammed the ruling,
claiming that such judgments make the binding power behind basic
obligations just decorative and that adequate implementation is
required. It is also true that it is incorrect to assert that Indians place a
premium on rights and privileges, as has been the case in the past. The
emphasis in Indian society has been on the individual's "Kartavya," or
performance of one's duties towards society, since time immemorial, by
the dictates of the ancient scriptures. In India, there are great epics, such
as the Ramayana, Mahabharata, and Geeta, which preach Indians. here
are obligations to society, to our elderly parents, to our families, and, of
course, to our homeland (country), but the social situation in India today
is almost entirely different from that of other nations.
2. M.C. Mehta v. Union of India, 1 SCC 47 (1983). It is held that under Article
51-A (g), the Central Government must introduce compulsory teaching
of a lesson on environmental protection and improvement for at least
one hour per week in all educational institutions across the country, as
well as to raise public awareness about environmental cleanliness;
finally, it is concluded that a right without duties is nothing more than a
thing.

CONCLUSION
Rights and duties are mutually reinforcing and interdependent; they are
two sides of the same coin. And it is now clear that to enjoy valuable
fundamental rights, we must first take seriously our fundamental duties as law-
abiding citizens, and every citizen must recognise that he has certain
obligations to the Nation to the Part IV-goal A's of national integrity and
respect.
The constitution includes essential obligations that encourage us to develop
and appreciate patriotism for the country. As responsible citizens, we must
understand our basic responsibilities to the country. The responsibilities
compel us to appreciate our nation and maintain its unique cultural history. It
also encourages us to protect the environment, such as wildlife and forests.
The responsibilities foster a sense of social structure as well as ethical

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considerations. These responsibilities must be taught to pupils clearly and
concisely at educational institutions so that they can follow or ask others to
follow them. We must pay something to the country if we require something
from it.
Finally, it may be stated that government efforts will not be effective unless
residents of the country engage in the government's decision-making process.
Citizens should be able to carry out even unsaid responsibilities such as voting.
Politicians and public-spirited individuals should take an interest in local
community issues. These responsibilities serve as a continual reminder of our
country's ideals as well as the fundamental principles of democratic order.
They may motivate us to develop a feeling of social responsibility in ourselves.

BIBLIOGRAPHY
✓ https://www.essaybanyan.com/essay/essay-on-fundamental-
duties-of-india/
✓ https://www.shareyouressays.com/knowledge/essay-on-the-
fundamental-duties-of-india/116800
✓ https://www.jagranjosh.com/general-knowledge/fundamental-
duties-of-the-citizens-of-india-1437200063-1
✓ https://www.ukessays.com/essays/philosophy/rights-and-
duties-in-nation-development-philosophy-essay.php
✓ https://en.wikipedia.org/wiki/Fundamental_Rights,_Directive_
Principles_and_Fundamental_Duties_of_India
✓ https://www.myadvo.in/blog/10-fundamental-duties-you-need-
to-know-about/
✓ https://indianexpress.com/article/explained/explained-what-
fundamental-duties-mean-6145712/

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