1. Introduction.
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State[1] These sections comprise a constitutional bill of rights for government policy making and the behaviour and conduct of citizens. These sections are considered vital elements of the constitution, which was developed between 1947 and 1949 by the Constituent Assembly of India.
Fundamental duties are guaranteed by the constitution of India in part IV. These fundamental duties are identified as moral obligation that actually helps in upholding the spirit of nationalism and as well as to support the harmony of the nation. These duties are designed concerning the individuals and the nation. However these fundamental duties are not legally enforceable. Furthermore, the citizens are morally obligated by the constitution to perform these duties. These fundamental duties are added by the 42nd Amendment Act in 1946 upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year[2]. Article 51-A of the Constitution provides ten fundamental duties of citizens. These duties are classified accordingly in relation to the environment, duty towards the State and nation, and also towards self. However these fundamental duties are not justifiable and the main purpose of incorporating these duties is to encourage the sense patriotism among the country’s citizen.
The international instruments such as the Declaration Human Rights and international covenant on civil and political rights include reference such fundamental duties. These fundamental duties are such commitments that expand to the citizens as well as to the State at large. According to theses fundamental duties all citizen should respect their nation symbol as well as their constitution of the country. It also intend to uphold the right of equality of all citizens, defend their environment and public property, ti build up scientific temper, to disown violence, to struggle towards excellence and to offer compulsory education. In addition the 11th fundamental duty of the country was added in 2002 by the 86th constitutional amendment.
- CONCEPT OF DUTY
There has been some rather disproportionate emphasis on the rights of citizens as against their duties even though the traditions and temper of Indian thought through the ages laid greater emphasis on duties. Actually, rights and duties are the two sides of the same coin. For every right, there is a corresponding duty. Rights flow only from duties well performed. Duty is an inalienable part of right : What is duty for one is another person’s right and respect human life and not to injure another person. If everyone performs his/her duty, everybody’s rights would be automatically protected.
Harold Laski has also said that rights are related to functions and are given only in return for some duties to be performed. Rights are conferred on individual citizens not only for their own development but also for social good. As the universal declaration of Human Rights put it : “Everyone has duties to the community in which alone the free and full development of the personality is possible [Article 29 (1)][3].
3. Fundamental duties
It shall be the duty of every citizen of India —51(a) to (k) | |
(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 |
Clause (a) of article 51A
Clause (a) provides 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.
The first and the foremost duty assigned to every citizen of India is to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem. These are the very physical foundations of our citizenship. All of us are supposed to maintain the dignity of the Constitution by not indulging in any activities in violation of the letter or spirit of the Constitution. Ours is a vast country with many languages, sub-cultures and religious and ethnic diversities, but the essential unit of the country is epitomized in the one Constitution, one flag, one people and citizenship. We are all governed and guided by this Constitution irrespective of caste, religion, race, sex, etc. The Constitution is the result of the many commitments, promises and pledges made by nationalist leaders to the people of India. Also, it embodies efforts of reconciliation, accommodation and compromise. All of us and the Fundamental Rights of each of us are protected by it. Similarly, the National Flag and the National Anthem are symbols of our history, sovereignty, unity and pride. If a citizen of India by any overt or covert act shows disrespect to the Constitution, the National Anthem or the National Flag, it would be not only an anti-social and anti-national activity but it would also spell doom to all our rights and very existence as citizens of a sovereign nation. Each citizen must therefore not only refrain from any such activity but also do his best to prevent any miscreant trying to show disrespect to our national symbols. Every nation is proud of its citizens because of their dedication, sincerity and patriotism. We, the citizens of India, have to be equally proud of our nation, our Constitution, our National Flag and our National Anthem. We must put the nation above our narrow personal interests and then only we will be able to protect our hard-earned freedom and sovereignty.
Clause (b) of article 51A
Clause (b) provides that it shall be the duty of every citizen of India - TO CHERISH AND FOLLOW THE NOBLE IDEALS WHICH INSPIRED OUR NATIONAL STRUGGLE FOR FREEDOM.
Some of the noble ideals which inspired our national struggle for freedom were:
To achieve freedom from foreign rule so that the people of India have self-government which would establish a society where there will be no exploitation of man by man, no poverty, no disease, no illiteracy.
The citizens of India must cherish and follow the noble ideals which inspired the national struggle for freedom. The battle of freedom was a long one where thousands of people sacrificed their lives for our freedom. It becomes our duty to remember the sacrifices made by our forefathers for the cause of the country. But, what is much more important is to remember, imbibe and follow the ideals which pervaded our unique struggle. It was not a struggle merely for political freedom of India. It was for the social and economic emancipation of the people all over the world. Its ideals were those of building a just society and a united nation of freedom equality, non-violence, brotherhood and world peace. If we, the citizens of India remain conscious of and committed to these ideals, we will be able to rise above the various fissiparous tendencies raising their ugly heads now and then, here and there.
Parties and politicians who use religion, casteism, separatism, etc. for political ends and for capturing power are clearly violating their Fundamental Duties under the Constitution
Clause (c) of article 51A
Clause (c) provides that it shall be the duty of every citizen of India – TO UPHOLD AND PROTECT THE SOVEREIGNTY, UNITY AND INTEGRITY OF INDIA.
To protect the sovereignty, unity and integrity of India is a pre-eminent national obligation of all citizens of India. In a democratic system of governance, sovereignty lies with the people. To defend our sovereignty is our own responsibility. If the freedom and unity of the country are joepardized, the nation ceases to exist and if there is no nation, who lives?
It may be recalled that the values of sovereignty, unity and integrity of the nation are first mentioned in the Preamble to the Constitution. Under article 19(2) of the Fundamental Rights, reasonable restrictions are permitted on freedom of speech and expression in the interests of the "sovereignty and integrity of India."
The Fundamental Duty enshrined in clause (c) of article 51A is essentially addressed to those citizens who belong to the defence forces or responsible for the maintenance of law and order. It can be said that this Fundamental Duty has been well effectuated. This clause, by necessary implication, imposes a Fundamental Duty on every citizen of India that he shall not do anything derogatory of upholding or protecting the sovereignty, unity or integrity of India. It is a duty prohibitory in nature addressed to traitors and spies.
Clause (d) of article 51A
2(d)1 Clause (d) provides that it shall be the duty of every citizen of India -TO DEFEND THE COUNTRY AND RENDER NATIONAL SERVICE WHEN CALLED UPON TO DO SO.
The primordial origins of the State are said to be in the need to defend ourselves against external enemies. In modern nation-States, it is considered axiomatic that every citizen is bound to be ready to defend the country against war or external aggression. The present day wars are not fought on the battlefield only nor are they won only by the armed forces; the citizens at large play a most vital role in a variety of ways. Sometimes, civilians may be required also to take up arms in defence of the country; the citizens are fighting only to defend their own liberty and that of their posterity.
Clause (e) of article 51A
Clause (e) provides that it shall be the duty of every citizen of India - 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.
The duty to promote harmony and the spirit of common brotherhood amongst all the people of India essentially flows from the basic value of fraternity enshrined in the Preamble to the Constitution. India is a country of different castes, languages, religions and many cultural streams but we are one people with one Constitution, one flag and citizenship. Spirit of brotherhood should come very normally among the citizens of a country like India where the norm has been to consider the entire world as one family. The Constitution also casts upon us the Fundamental Duty of ensuring that all practices derogatory to the dignity of women are renounced. This again should come normally to a country where it is an aphorism that Gods reside where women are worshipped. (yatra naryastu pujyante ramante tatra devata). It is for us to rise above the later day degenerations and aberrations which tarnished the image of our society. Incidentally, it may be noted that under article 23(1) of the Fundamental Rights, traffic in human beings is prohibited.
The second part of the clause gives a mandate to remove prejudices and prejudicial or harmful concepts based on diversity on point of sex. Public opinion, in general, and even the opinion of women themselves, may fluctuate from time to time, and region to region, even from individual to individual. The central core of the concept is indignity to women. The passing of the Commission of Sati (Prevention) Act, 1987 emphasizes the importance of the duty. Many laws have been passed by the Union Government and the State Governments which punish practices derogatory to the dignity of women. The significance of clause (e) lies in its call to every citizen to renounce such practices. This clause easily lends itself to its effectuation in a concrete case because of its comparatively precise dimension.[4]”
Clause (f) of article 51A
Clause (f) provides that it shall be the duty of every citizen of India TO VALUE AND PRESERVE THE RICH HERITAGE OF OUR COMPOSITE CULTURE.
To preserve the rich heritage of our composite culture is another Fundamental Duty of every Indian citizen. Our cultural heritage is one of the noblest and the richest. Also, it is part of the heritage of the earth. What we have inherited from the past, we must preserve and pass on to the future generations. In fact, each generation leaves its footprints on the sands of time. We must hold precious and dear what our fore-fathers have created and their successive generations bequeathed to us as symbols of their artistic excellence and achievements. Generations to come always draw inspiration from past history which stimulates them to aim at ever greater heights of achievement and excellence. It becomes the ardent duty of every citizen to ensure that these monuments and pieces of art are not in any way damaged, disfigured, scratched or subjected to vandalism or greed of unscrupulous traders and smugglers.
The Directive Principle relating to protection of monuments and places and objects of national importance under article 49 similarly enjoins the State to protect monuments and places and objects of national, artistic or historic importance.
Clause (g) of article 51A
Clause (g) provides that it shall be the duty of every citizen of India - TO PROTECT AND IMPROVE THE NATURAL ENVIRONMENT INCLUDING FORESTS, LAKES, RIVERS AND WILD LIFE, and AND TO HAVE COMPASSION FOR LIVING CREATURES.
In the face of the menace of the increasing pollution and environmental degradation, it is the duty of every citizen to protect and improve natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. The rising air, water and noise pollution and large-scale denudation of forest are causing immense harm to all human life on earth. The mindless and wanton deforestation in the name of needs of development is causing havoc in the form of natural calamities and imbalances. By protecting our forest cover, planting new trees, cleaning rivers, conserving water resources, reforesting wastelands, hills and mountains and controlling pollution in cities, villages and industrial units, we can help save the future of our fellow citizens and of planet earth itself. What is needed is a concerted effort at, an awareness campaign and a planned strategy to move forward through voluntary citizen initiatives. Governmental steps alone cannot help bring about a pollution-free atmosphere to live now and in the future.
The mention of protection of environment, etc. as a duty of citizens, is intended to reinforce the other constitutional provision - article 48A under the Directive Principles of State Policy which enjoins the State to protect and improve the environment and safeguard the forests and wild life.
Clause (h) of article 51A
Clause (h) provides that it shall be the duty of every citizen of India - TO DEVELOP THE SCIENTIFIC TEMPER, HUMANISM AND THE SPIRIT OF INQUIRY AND REFORM.
One of our great founding father, Jawaharlal Nehru always laid great emphasis on the need for Indian citizens developing a scientific temper and a spirit of inquiry - inquisitiveness for learning from developments around the world. This was particularly necessary because of the most revolutionary scientific advances during this century and in the context of our background of superstitions and obscurantism. Nehru laid the foundations of the modern industrialised India by building the necessary scientific and technological infrastructures. Now, it is the bounden duty of every citizen to preserve and promote a scientific temper and a spirit of inquiry to keep pace with the fast changing world. Also, the Constitution ordains that science and technology must be tempered with a sense of humanism because ultimately the end of all progress is the human being and the quality of life and relationships that is developed.
Clause (i) of Article 51A
Clause (i) provides that it shall be the duty of every citizen of India - TO SAFEGUARD PUBLIC PROPERTY AND TO ABJURE VIOLENCE.
It is most unfortunate that in a country which preaches non-violence to the rest of the world, we see from time to time spectacles of senseless violence and destruction of public property indulged in by a few of its citizens. This is why it became necessary to prescribe the responsibility "to safeguard public property and abjure violence" as a fundamental citizenship duty.
The clause (i) has been invariably observed in its breach. If violation of the various Fundamental Duties under article 51A is rated, this clause is outstanding. Whenever there is a strike or bundh or rally, and mob mentality develops, public property is the first casualty. Buses and buildings are destroyed, sometimes followed by loot and arson. Where as it is the Fundamental Duty of every citizen to protect public property and abjure violence, they just remain silent spectators - miserable and helpless. What is the remedy? Answer is inculcation of human values right from the formative period of life so that strong foundation is laid for effectuation of Fundamental Duties, more particularly enshrined in clauses (b), (f), (i) and (j).
Clause (j) of article 51A
Clause (j) provides that it shall be the duty of every citizen of India - 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.
The drive for excellence in all spheres of individual and collective activity is the demand of times and a basic requirement in a highly competitive world. Nothing but the best would have survival potential in tomorrow's world. This would include respect for professional obligations and excellence. Whatever work we take up either as individual citizens or as groups, our effort should be directed to achieving the goal of excellence. Also, special emphasis is called for in the area of collective activity.
- Relevant Legislations and Judicial pronouncements
In Chandra Bhavan Boarding and Lodging, Bangalore Vs. The State of Mysore and Anr.[5] challenge was laid to a notification fixing minimum rates of wages, the problem posed before the court was to strike a balance between two propositions: one, should not a worker be paid, by way of minimum wages, an amount which would enable the two ends meet and to survive: and on the other hand, fixing of minimum wages may result in the industry or the unit being killed taking away its right to exist. The court held that freedom of trade does not mean freedom to exploit. Nor do the provisions of the Constitution are the barriers to progress. They provide a balance for orderly progress towards the social order contemplated by the Preamble of the Constitution.
Officers in All-India Services (Administrative, Forest, Police, etc.) were not taking the training seriously resulting in deterioration of the services. Service Rules were amended so as to give weightage to the training and penalize the failure. On a challenge being laid to the constitutionality of the amendment in the Rules in Mohan Kumar Singhania & Ors. Vs. Union of India & Ors.,[6], in order to uphold the validity of the amendment, Ratnavel Pandian, J. drew strength from article 51A. Referring to clause (j), which commands every citizen of India 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, it was held that the effort taken by the Government in giving utmost importance to the training programme of the selectees so that this higher civil service being the topmost service of the country is not wasted and does not become fruitless during the training period is in consonance with the provisions of article 51A (j). The constitutionality of the amendment was, thus, upheld.
In several cases, the Supreme Court has upheld the validity of laws relating to ecology and environment and has made directions binding the citizens and the State finding the source of power to do so in article 51A. In Rural Litigation and Entitlement Kendra & Ors. Vs. A State of Uttar Pradesh & Ors[7]
“Preservation of the environment and keeping the ecological balance unaffected is task which not only governments but also every citizen must undertake. It is a social obligation and let us remind every Indian citizen that it is his Fundamental Duty as enshrined in Article 51A (g) of the Constitution.”
In Sachidanand Pandey & Anr. Vs. State of West Bengal & Ors[8]., the court expressed in unmistakable terms that whenever a problem of ecology is brought before the court, the court is bound to bear in mind article 48A of the Constitution and article 51A (g) which proclaims the Fundamental Duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. Policy decisions taken by State are not ordinarily to be interfered with by the courts. But if it is the question of giving effect to the Directive Principle and the Fundamental Duty, the court is not to shrug its shoulders and say that priorities are a matter of policy not to be touched by court, the court may always give necessary directions so as to secure implementation of Directive Principles and Fundamental Duties.
In M.C.Mehta (II) Vs. Union of India & Ors.,[9] article 51A containing Fundamental Duties of citizens was read casting duties on the government and for issuing certain directions consistently with article 51A.
State of U.P. Vs. Yamuna Shanker Misra & Anr.,[10], is an interesting case where the object of writing the confidential reports and making entries in the character rolls were read in the light of article 51(j) as giving an opportunity to a public servant to improve excellence. The net of this Fundamental Duty was spread so wide by the court as to spell out the eternal values of honesty, integrity, good conduct and efficiency getting improved in the performance of public duties and standard of excellence in services constantly rising to higher levels so as to be a successful tool to manage the services with officers of integrity, honesty, efficiency and devotion.
In Bijoe Emmanuel vs State of Kerala,[11] it has been held that there is no provision of law which obliges anyone to sing the National Anthem nor is it disrespectful to the National Anthem if a person who stands up respectfully when the National Anthem is sung does not join the singing. It is true that article 51A (a) of the Constitution enjoins a duty on every citizen of India “to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem”. Proper respect is shown to the National Anthem by standing up when the National Anthem is sung. It will not be right to say that disrespect is shown by not joining in the singing. It was observed that there was no law enacted by Parliament making it obligatory to comply with article 51A (a). The Supreme Court allowed the petition filed by the children and directed the authorities to re-admit the children into the school. The court ended their judgment by adding – “our tradition teaches tolerance; our philosophy preaches tolerance; our constitution practices tolerance; let us not dilute it.” In another matter the correctness of this decision has been doubted. The matter has been referred to a Constitution Bench of the Supreme Court, which would examine correctness of the decision and also many relation aspects.
The Supreme Court in Vishaka and others Vs. State of Rajasthan[12] found it necessary for protection of working women from sexual harassment to lay and by this the classical exercise of the law making powers under article 141 of the Constitution laid:
“It is necessary and expedient for employers in work places as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women:
The Supreme Court has used the Fundamental Duties to uphold the Constitutional validity of statutes which seeks to promote the objects laid out in the Fundamental Duties[13]. These Duties have also been held to be obligatory for all citizens, subject to the State enforcing the same by means of a valid lawThe Supreme Court has also issued directions to the State in this regard, with a view towards making the provisions effective and enabling a citizens to properly perform their duties.
BIBLIOGRAPHY
- Basu, Durga Das (1993). Introduction to the Constitution of India (15th ed.). New Delhi:
- Austin, Granville (1999). The Indian Constitution: Cornerstone of a Nation. New Delhi: Oxford University Press. p. 390
- Shukla.V.N (2006), Constitution law of India,(tenth ed.), New Delhi
Websites
http://lawmin.nic.in/ncrwc/finalreport/v2b1-7.htm
