Lecture Notes: Fundamental Duties Part 4a of the Constitution of India

Introduction

• Fundamental Duties: Integral part of the Indian Constitution added by the 42nd amendment in 1976.
• Purpose: Inform citizens about societal responsibilities and deter anti-national activities.
• Significance: Encourage unity, harmony, and national integrity.

Historical Context

• 42nd Amendment (1976): Introduced 10 fundamental duties based on recommendations by the Swansingh Committee established by Indira Gandhi.
• 86th Amendment (2002): Added an 11th duty.

List of Fundamental Duties

1. Abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem.

   • Honor democracy, secularism, and socialism.
   • Show reverence for national symbols.

2. Cherish and follow the noble ideals of the national struggle for freedom.

   • Embrace non-violence, equality, and justice.
   • Respect sacrifices of freedom fighters.

3. Uphold and protect the sovereignty, unity, and integrity of India.

   • Protect national security and cultivate patriotism.

4. Defend the country and render national service when called upon.

   • Be prepared for defense and engage in national service.

5. Promote harmony and brotherhood transcending religious, linguistic, and regional diversities.

   • Foster national integration and social unity.

6. Value and preserve the rich heritage of the nation’s composite culture.

   • Respect and preserve cultural diversity.

7. Protect and improve the natural environment.

   • Show compassion for living creatures.

8. Develop the scientific temper, humanism, and spirit of inquiry and reform.

   • Cultivate scientific and rational thinking.

9. Safeguard public property and abjure violence.

   • Encourage non-violence and responsible use of resources.

10. Strive for excellence in all individual and collective pursuits.

• Promote hard work and dedication.

11. Provide education opportunities for children aged 6-14 years.

• Emphasize education for individual and national progress.

Features of Fundamental Duties

• Encompass both moral and civil responsibilities.
• Rooted in indigenous ethos and traditions.
• Applicable specifically to Indian citizens.
• Non-justiciable but can be enforced by legislation.

Importance of Fundamental Duties

• Reinforce citizen responsibility alongside rights.
• Serve as deterrents against anti-national activities.
• Foster discipline and dedication among citizens.
• Aid in judicial review for constitutional validity.

Relationship with Fundamental Rights

• Fundamental duties complement and balance fundamental rights.
• Example: Right to Education (Article 21) and duty to educate (Article 51A Clause K).

Role for Government of India

• Guide citizens towards societal responsibilities.
• Help optimize resource utilization and sustainable development.

Case Laws

• Boarding and Lodging v. State of Mysore (1969): Social welfare emphasized.
• Balaji Raghavan v. Union of India (1995): Recognition of merit through national awards.
• M.C. Mehta v. Kamal Nath (2000): Environmental protection upheld.
• Shri Raghunath Mishra v. Union of India (2003): Emphasis on duty to vote.

Advocacy for Legal Enforcement

• Suggests the necessity for enforcing certain duties legally.
• Example: Prevention of Insult to National Honour Act, 1971.

Conclusion

• Fundamental duties promote national harmony and individual responsibility.
• Essential for citizen engagement and national welfare.
• Call for effective awareness and enforcement strategies.