Part IVA : Fundamental Duties (Article 51A)

Why in News ?

This year (2020) the government is laying more emphasis on creating awareness on 11 Fundamental Duties as a part of celebration of 70th year of adoption of the Constitution through its various initiatives.

Nation is made by its citizens. Mahatma Gandhi believed that the true source of right is duty. If every individual perform ones duty, the rights of the others will be protected. The Constitution of India confers upon them certain fundamental rights, it also expects its citizens to observe certain basic norms of democratic behaviour.

The Fundamental Duties in the Indian Constitution are inspired by the Constitution of USSR.

Originally, fundamental duties  were not a part of the Constitution of India. These were introduced for the first time after 42nd Amendment, 1976 of the Constitution on the recommendation of the Swaran Singh Committee.
This amendment added a new Part IVA and it’s consist of Only one Article, that is, Article 51A which for the first time specified a code of 10 Fundamental Duties (a to j) of the citizens and 11th (k) was included in the year 2002 by the 86th Amendment.

Objectives :

• Warning against Anti-social and Anti-national activities.
• Constant reminder of their duties while enjoying the Rights.
• Promote Discipline and Commitment.

Concept of Duty already existed in the text of the Constitution :

The Preamble of the Constitution confers ” liberty of thought, expression, beleif, faith and worship”, and also dictate securing “Justice – Social, Economic, and Political”, Equality and Fraternity. It will be depends on every individual, duty to respect the sovereignty of India and protect the Unity of the Nation.
While in one hand a new chapter on Fundamental Duties was added, on the other hand words like Socialist, Secular and Integrity were also added to the Preamble.

Purpose of Fundamental Duties :

• Harold Laski has said that, “right are related to functions and are given only in return for some duties to be performed.”
• Justice Rangnath Mishra in a latter to the Chief Justice of India wrote, “If society becomes duty based, everyone in India should turn attention on performance of duties and through such performance ensure and be entitled to the rights of a citizen.”

Enforcement of the Fundamental Duties of Citizens :

• It is non justiciable in nature. It is known as Sanctionless Duties.
• Duties are obligatory in nature.
• These duties may enforce on us through the suitable legislation of the Parliament.
• Under the Indian Penal Code, 1860 which punishes for the act done against the sovereignty and integrity of the State. The penal code also punishes for the outrageous acts committed against women, acts damaging the public property etc.

Already Enforce Duties are :
a) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
g) To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
i)  To safeguard public property and to abjure violence;
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. (Added by 86 Amendment Act, 2002).

Under the scriptures of Gita talk about performance of one’s duty and not to concerned about the fruits of such duty. 
Every step has to be taken for awareness, inculcation and implementation of the Fundamental Duties.

PART IVA FUNDAMENTAL DUTIES : Article 51 A –

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 living 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.

References
E-book
Yojana,
Laxmikant
GoI

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