Fundamental Duties : Article - 51A

Fundamental Duties : Article - 51A

• The concept of Fundamental Duties in the Indian Constitution has been taken from Russia.
• Added on the recommendation of Dr. Swaran Singh Committee.
• It was added as Article 51A under Part IV A by the 42nd Constitutional Amendment 1976.
• If seen, both rights and duties are aspects of the same coin, both cannot be separated from each other.
• The number of fundamental duties in the original constitution was only 10, but by the 86th constitutional amendment in 2002, the 11th duty was added to it. Thus at present the number of fundamental duties is 11.
• Fundamental duties are not justiciable, that is, they cannot be punished by the court for not complying with them.
• Fundamental Duties are unenforceable by the courts.
• Its purpose is to educate the citizens about their duties.
• Fundamental duties are not a part of fundamental rights.

Ministries and Departments of Govt. of India : A Brief Outline

Article : 51 A ( Fundamental Duties )

It shall be the duty of every citizen of India to -

• (a) Abide by the Constitution and respect its ideals, institutions, the National Flag and the National Anthem.
• Punitive action can be taken under the National Honor Act and Flag Code of India for insulting the national flag and national anthem.
• (b) To cherish and follow the noble ideals which inspired our national struggle for freedom.
• (c) To protect and maintain the sovereignty, unity and integrity of India.
• (d) To defend the country and render service to the nation when called upon.
• (e) To create harmony and a spirit of common brotherhood among all the people of India transcending all discrimination based on religion, language and region or class, to renounce practices derogatory to the dignity of women.
• There is a provision for action under the Civil Rights Act 1955 on discrimination.
• (f) Understand the importance of the glorious tradition of our composite culture and preserve it.
• (g) to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.
• (h) To develop scientific temper, humanism, the spirit of learning and reform.
• (i) Keep public property safe and stay away from violence. Provision of action under the Indian Penal Code on damage to public property.
• (j) Make constant efforts to move towards excellence in individual and collective activities, so that the nation may touch new heights of ever-increasing effort and new achievement.
• (k) The parents or guardians of children of the age of 6 to 14 years should provide them opportunities for education. It was added by the 86th Constitutional Amendment Act 2002.

Prevention of Corruption Act

Obligation of Fundamental Duties

The system or provision of punishment for non-observance of fundamental duties or violation is not described in the constitution, nor have fundamental duties been made enforceable by the court. But in the interest of the nation, some statutory provisions have been prescribed for the compliance of the basic duties, which are as follows –

• Action can be taken under the National Honor Act for insulting or disrespecting the national flag and national anthem. For this, the National Flag Code has also been created, that is, punishment can be given for insulting the national anthem or the national flag.
• Action can be taken under the Civil Rights Act 1955 for not complying with the prohibition of religion, language, state or class based discrimination.
• A person can also be punished under the Indian Penal Code for indulging in violence and damaging public property.

Some Important Shapes Formed as a Result of Weathering and Erosion