Fundamental Duties, Article 51A of Indian Constitution

The Fundamental Duties form a set of obligations enshrined in the Constitution of India. While lacking legal enforceability, these duties are considered essential for the comprehensive growth of individuals and the nation. They were introduced into the Constitution through the 42nd Amendment in 1976, and currently, there are eleven fundamental duties expected to be followed by every Indian citizen.

What are Fundamental Duties?

The notion of fundamental duties holds significance in India’s constitutional structure, stressing that the rights granted to citizens are accompanied by responsibilities towards the nation and its people. These duties aim to promote a sense of civic responsibility and patriotism, rather than being punitive. Adhering to these duties allows citizens to actively contribute to the well-being and progress of the country. While not legally enforceable, fundamental duties are morally binding and an essential aspect of responsible citizenship in India.

Fundamental Duties of India

1. To abide by the Constitution and respect its ideals and institutions, the national flag, and the national anthem.
2. To cherish and follow the noble ideals that inspired the national struggle for freedom.
3. To uphold and protect the sovereignty, unity, and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and the spirit of common brotherhood amongst all the people of India.
6. To value and preserve the rich heritage of the country’s composite culture.
7. To protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
8. To develop scientific temper, humanism, and the spirit of inquiry and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.
11. To provide opportunities for education to one’s child or ward between the ages of six and fourteen years.

Fundamental Duties-Article 51A

Article 51A of the Indian Constitution is a provision that lays down the Fundamental Duties of Indian citizens. It was added to the Constitution by the 42nd Amendment in 1976. 

The article states that it shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem. It also mandates citizens to cherish and follow the noble ideals that inspired the national struggle for freedom, to uphold and protect the sovereignty, unity, and integrity of India, and to defend the country and render national service when called upon to do so. 

Additionally, the article highlights the importance of promoting harmony and the spirit of common brotherhood amongst all the people of India and to value and preserving the rich heritage of the country’s composite culture.

The article further emphasizes the need to protect and improve the natural environment, develop scientific temper, humanism, and the spirit of inquiry and reform, safeguard public property, and strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement. 

Finally, the article states that it shall be the duty of every parent or guardian to provide opportunities for education to their child or ward between the ages of six and fourteen years.

Fundamental Duties (Article 51A)- Key Features

• Nature of Fundamental Duties: Fundamental Duties are moral and civic obligations on the Citizen and are legally non-binding.
  • For example, I am cherishing noble ideals of the freedom struggle under Art. 51 A (b) is a moral precept while respecting the Constitution, National Flag, and National Anthem under Art. 51 A (a) is a civic duty.
• Scope of Fundamental Duties: The Fundamental Duties apply to citizens in India only and do not extend to foreigners.
• Non-Justifiable in a Court of Law: The Constitution does not provide for direct enforcement of Fundamental Duties by the courts. Hence, Fundamental Duties are non-justiciable in a court of law.

Fundamental Duties in Hindi

1. संविधान का पालन करना और उसके आदर्शों और संस्थाओं, राष्ट्रीय ध्वज और राष्ट्रगान का सम्मान करना।
2. राष्ट्रीय स्वतंत्रता संग्राम से प्रेरित महान आदर्शों को चिर स्मरण रखना और उन्हें अनुसरण करना।
3. भारत की आजादी, एकता और अखंडता को बनाए रखना।
4. देश की रक्षा करना और राष्ट्रीय सेवा करना, जब आवश्यकता हो।
5. सभी भारतीय नागरिकों के बीच सद्भाव और सामान्य भाईचारे को बढ़ावा देना।
6. भारत की संकल्पना से संबंधित संस्कृति का मूल्य और संरक्षण करना।
7. वनों, झीलों, नदियों और वन्य जीवन समेत प्राकृतिक पर्यावरण का संरक्षण और सुधार करना।
8. वैज्ञानिक टेम्पर, मानवतावाद और सुधार की भावना विकसित करना।
9. सार्वजनिक संपत्ति का संरक्षण करना और हिंसा से दूर रहना।
10. व्यक्तिगत और सामूहिक गतिविधियों के सभी क्षेत्रों में उत्कृष्टता की ओर प्रयास करना, ताकि देश निरंतर ऊंचाईयों पर आग

Fundamental Duties Amendment

The fundamental duties in the Indian Constitution underwent a significant change with the 86th Constitutional Amendment in 2002. A notable addition highlighted the responsibility of parents or guardians to ensure that their child or ward, aged between six and fourteen years, receives education.

This amendment sought to emphasize the importance of education and promote the goal of achieving universal elementary education throughout India. Additionally, another amendment clarified that fundamental duties are non-justiciable, indicating that they cannot be enforced through legal means.

Fundamental Rights (Articles 12-35)

• About: The fundamental rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the Fundamental Law of the Land.
  • Rights mean those freedoms which are essential for personal good as well as the good of the community.
  • Fundamental Rights (Articles 12-35) are applied without discrimination based on race, religion, gender, etc.
• Key Mandate of Fundamental Rights: Fundamental Rights are provided in the Indian constitution to promote the ideals of political democracy in India.
• Source of Fundamental Rights: Fundamental Rights (FRs) of the Indian Constitution derive their origin from the US Constitution (United States Bill of Rights).

Right to Freedom (Article 19-22)- Key Points

• Importance of Freedom: Freedom is the most cherished desire of every living being. Human beings want and need freedom.

• About: The Constitution of India provides the Right to Freedom to all its citizens. This Right to Freedom under Fundamental Rights is stipulated under Articles 19-22.

Right to Freedom (Article 19-22)- Key Provisions

The following are the four categories of Rights to Freedom are mentioned below-

• Protection of 6 Rights (Article 19): This article of the Constitution provides for the following six freedoms-
  • Freedom of speech and expression
  • Freedom to assemble peacefully and without arm
  • Right to form associations or unions or co-operative societies.
  • Right to move freely throughout the territory of India.
  • Right to reside and settle in any part of the territory of India.
  • Right to practice any profession or to carry on any occupation, trade, or business.
• Protection in respect of conviction for offenses (Article 20): Article 20 of the Constitution provides for the protection in respect of conviction for offenses.
  • No ex-post facto law: No one can be convicted for an act that was not an offense at the time of its commission, and no one can be given punishment greater than what was provided in the law prevalent at the time of its commission.
    • This provision does not apply to civil or tax laws or even to criminal trials, preventive detention cases
  • No double jeopardy: No one can be prosecuted and punished for the same offense more than once.
    • This provision is not available in proceedings before departmental or administrative authorities
  • No self-incrimination: No one can be forced to give witness against his or her self.
• Protection of life and personal liberty (Article 21): As provided in Article 21, no one can be deprived of his or her life or personal liberty except according to the procedure established by law.
• Protection against arrest and detention in certain cases (Article 22): whenever a person is arrested, he or she should be informed, as soon as it is possible, of the grounds for arrest and should be allowed to consult and be defended by a legal practitioner of his or her choice.
  • The arrested person must be produced before the nearest magistrate within 24 hours of such an arrest except a person who has been arrested under preventive detention law.
  • The case of the person arrested under preventive detention law has also to be referred to an Advisory Board within three months of his or her arrest.

Fundamental Duties (Article 51A)- Relevance for UPSC Exam

• GS Paper 2: Indian Constitution- Historical underpinnings, evolution, features, amendments, significant provisions, and basic structure.

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