Written by PRANJALl, BALLB student, 3rd year, Department of law, BPSMV

TITLE:- FUNDAMENTAL DUTIES

ABSTRACT:
This research paper aims to provide a comprehensive analysis of Fundamental Duties. It explores the origin,
scope, importance of fundamental duties. The paper also highlights relevant case studies that are connected to
the chosen topic.

KEYWORDS:
Fundamental Duties, Swaran Singh Committee, Constitution,
Article51, Fundamental Rights

ORIGIN:
On the recommendations of the Swaran Singh
Committee, the fundamental duties were added by
the 42nd Amendment, 1976 in our Indian
Constitution. The fundamental duties were originally 10 in numbers but in 2002, the
86th Amendment increased its number to 11. The 11th duty made it compulsory for
each and every parent and guardian to provide the educational opportunities to their
child who is more than 6 years but less than 14 years of age. These duties are borrowed
from the Constitution of Japan.

SCOPE:
Neither there is a direct provision in the Constitution for the enforcement of these duties
nor there is hardly any legal sanction in order to prevent violation of these duties. These
duties are obligatory in nature. The following facts provide for the importance of
fundamental duties:

1. A person should respect the fundamental rights and duties equally because in
any case, if the court comes to know that a person who wants his/her rights to
be enforced is careless about his/her duties then the court will not be lenient
in his/her case.
2. Any ambiguous statute can be interpreted with the help of fundamental
duties.
3. The court can consider the law reasonable if it gives effect to any of the
fundamental duties. In this way, the court can save such law from being
declared as unconstitutional.

FUNDAMENTAL DUTIES TAKEN FROM:

The fundamental duties are taken from the USSR (Russia) constitution. The addition of
fundamental duties in our constitution have brought our constitution aligned with
the Article 29(1) of the Universal Declaration of Human Rights and with various
provisions of the modern constitution of other countries.

IMPORTANCE:
The government in order to create a strong foundation with a strong national character
introduced fundamental duties. It not only lay emphasis on human dignity but also
creates a feeling of harmony in the community. Our society can only be uplifted if each
and every citizen focuses on bridging the gaps that have been created in the society, by
performing their duties towards the society. Judicial reforms help in enforcing such
duties from time to time because there is no provision in the Indian Constitution for their
enforcement. If every person wants their fundamental rights to be realized then
everyone should fulfill their duties.

The importance of fundamental duties are as follows:

1. Fundamental duties act as a constant reminder that the citizens while enjoying
their fundamental rights should not forget about their duties towards the
nation.
2. These duties act as a warning signal for the people against any type of
antisocial activities.
3. These duties give a chance to the people to have an active participation in the
society rather than being a spectator.
4. These duties promote a sense of discipline and commitment towards the
society.
5. The courts can use fundamental duties for determining constitutionality of law.
If any law is challenged in court for its constitutional validity and if that law is
providing force to any of the fundamental duties then that law will be held
reasonable.
6. If the fundamental rights are enforced by a law then in case of its violation the
Parliament can impose penalty or punishment for the same.
The Supreme Court of India ordered cinema halls to play National Anthem while
portraying the Nation Flag. This was a remarkable step taken by the Supreme Court
while giving the importance to the fundamental duties.

CASE LAWS:

In the case of Bijoe Emmanuel vs. State of Kerala[4] which is popularly known as the
National Anthem Case, on refusing to sing the National Anthem in the school, three
children of the Jehovah’s Witnesses were expelled from the school. There was a circular
that was issued by the Director of Instructions, Kerala which made it compulsory for the
school students to sing the National Anthem. These three children did not join the
singing of the National Anthem but they stood up out of respect. They didn’t sing the
National Anthem because their religious faith didn’t permit it and it was against their
religious faith. They were expelled on the ground that they violated their fundamental
duties and committed an offence under the Prevention of Insult to National Honours Act,
1971. The court reversed this decision of the High Court because they did not commit
any offence and also they committed no crime under the Prevention of Insult to National
Honours Act, 1971 as though they did not sing the National Anthem but they stood out
of respect.

In M.C.Mehta (2) vs. Union of India[5], the Supreme Court held that it is compulsory for
all the educational institute to organise a teaching lesson of at least one hour a week on
the protection and improvement of the natural environment and it is the duty of the
Central Government under Article 51A (g) to introduce this in all the educational
institute. The Central Government should also distribute books free of cost on the same
subject in all the institutes and also raise consciousness amongst people towards clean
environment. The government should organise ‘keep the city clean’ week at least once in
a year.

CONCLUSION:

The non-enforceability of the fundamental duties won’t affect its importance.

Fundamental duties are an important aspect of a democratic state because it not only
allows people to enjoy their rights but also reminds them to perform their duties which
they have towards the nation. The word ‘fundamental’ which is attached to the duties
makes them utmost important and thus it is required that they are to be followed by
everyone. Many duties have also been set up as a separate law and are made
enforceable by the law but this does not reduce the value of other duties that are
provided in Article 51A.

REFRENCES:i

https://blog.ipleaders.in/fundamental-duties-2/

https://indiankanoon.org/doc/1508089/

https://indiankanoon.org/doc/1958526/

https://static.mygov.in/indiancc/2020/12/mygov-1000000000315061668.pdf

https://knowindia.india.gov.in/profile/fundamental-duties.php
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