Fundamental Duties as a means to Achieve Responsible Citizenry | Important Acts and Laws for Judiciary Exams PDF Download

Abstract

• Duty of every citizen of India under Article 51A of the Constitution is often overlooked by the majority.
• Mahatma Gandhi envisioned a poverty-free, disease-free, and prosperous India achievable through the fulfillment of Fundamental Duties.
• Rig Veda emphasizes the importance of citizens fulfilling their duties for a harmonious society.
• Key Points: Study of fundamental duties, their legal enforceability, and their role in fostering responsible citizenship.

Introduction

• Philosophers equate "duty" with obligations and responsibilities that individuals must fulfill.
• The law establishes rules governing human behavior, where rights and duties are closely intertwined.
• Defining duty: An obligatory act that, when breached, constitutes a wrong; duties and wrongs are interconnected.
• Defining right: The capacity to control actions with state support and others' compliance.
• Relationship between duty, right, and wrong: They are different aspects of the same legal principles, with duties owed by one person and corresponding rights held by another.

Rights and Duties

• Rights and duties are crucial for the progress of a nation or an organization.
• Legal rights are those rights recognized and enforceable by the law.
• Rights can be legal, social, or natural, granted to individuals by legal systems, social norms, or natural theories.
• Legal duty is the obligation to act in accordance with the law and legal system.
• Perfect rights correspond to perfect duties, which are not only recognized by law but also enforced.
• A legal system encompasses both rights and duties, with some being enforceable and others not requiring action for enforcement.
• Rights and duties are interrelated—where a right is granted, a corresponding duty is often imposed.
• A strong legal system includes both legal rights and duties as integral components.
• According to Indira Gandhi, fundamental duties complement rights by fostering a democratic balance through raising awareness of citizens' responsibilities.

For instance, the right to freedom of speech implies the duty to exercise this right responsibly without infringing on others' rights or spreading hate speech.

Similarly, the right to education entails the duty of individuals to make the most of educational opportunities provided to them and contribute positively to society.

History of Fundamental Duties

Constitution Overview

• The Indian Constitution, drafted by B. R. Ambedkar, is the lengthiest globally, comprising 448 articles, 25 parts, 12 schedules, and 97 amendments.
• It was enacted on November 26, 1949, and enforced on January 26, 1950, commemorating the 1930 Purna Swaraj declaration.

Evolution of Fundamental Duties

• In 1976, the 42nd Amendment introduced Fundamental Duties to balance Fundamental Rights, inspired by the Swaran Singh Committee's recommendations.
• These duties urge citizens to uphold democratic values and ethical conduct, derived from Indian traditions and practices.
• Originally 10 duties were listed, later expanded to 11 through the 86th Amendment Act in 2002.

Legal Context

• Legal rights and duties are interconnected, with rights protected by imposing corresponding duties.
• The Supreme Court reaffirmed the importance of Fundamental Duties in AIIMS Students Union v. AIIMS.

Enumerating Fundamental Duties

• Article 51-A of the Constitution outlines 11 Fundamental Duties for Indian citizens.
• These duties include respecting the Constitution, promoting national ideals, protecting the environment, fostering unity, and striving for excellence.
• Parents are obligated to provide education opportunities for children aged 6 to 14.

Enforceability of Fundamental Duties

• Fundamental duties outlined in Article 51-A are not legally enforceable through court writs, unlike fundamental rights.
• These duties are akin to directives for citizens, emphasizing their responsibility towards the state.
• Citizens are expected to self-monitor their adherence to these duties, realizing that neglecting them may impact their rights.
• While the Constitution doesn't explicitly impose fundamental duties on the state, every citizen's duty collectively contributes to the state's obligations.
• Legal expert D.D. Basu highlights the absence of automatic enforcement mechanisms for fundamental duties in the Constitution.
• He suggests that potential legislative measures enforcing these duties should not conflict with constitutional principles.
• The Supreme Court can emphasize the significance of these duties to citizens, acting as a moral compass rather than enforcing them legally.
• The legislature holds the power to pass laws that could enforce these fundamental duties effectively.

Fundamental Duties and Responsible Citizen

• The awakening letter from Mr. Justice Rangnath Mishra, Former Chief Justice of India, highlighted the pressing issue of deteriorating human behavior in society.
• He emphasized the importance of addressing fundamental duties to improve the current societal situation.
• Mr. Mishra advocated for a shift towards a duty-based society where the focus is on performing duties to secure and exercise one's rights as a citizen.
• Teaching fundamental duties in educational institutions and incorporating them into training programs was deemed essential for nation-building.

Impact of Fundamental Duties on Citizens

• By emphasizing fundamental duties, citizens are encouraged to focus on fulfilling their responsibilities, which in turn allows them to enjoy their rights as citizens.

Awareness Programs for Fundamental Duties

• Implementing awareness programs to educate individuals about their fundamental duties can help inculcate a sense of responsibility and citizenship.

Criticism of Fundamental Duties

• Some critics argue that fundamental duties may impose restrictions on individual freedom and could be used to suppress dissent.

Effectuation of Fundamental Duties of Citizens

• Abiding by Constitutional Values: Every Indian citizen's primary duty is to uphold the Constitution, honoring its principles, the National Flag, and the National Anthem. These symbols represent our unity and pride, essential for the dignity of our citizenship.
• Cherishing Noble Ideals: Citizens are urged to embrace and follow the noble ideals that fueled India's struggle for independence, emphasizing freedom, equality, non-violence, and unity. Remembering and embodying these principles are crucial for a just and united society.
• Protecting Sovereignty and Unity: Safeguarding India's sovereignty, unity, and integrity is a fundamental obligation. This duty is particularly pertinent to those in defense forces and law enforcement, emphasizing the importance of national security.
• Defending the Nation: Citizens may be called upon to defend the country in times of need. While this duty primarily applies to civilians, it underscores the collective responsibility to protect the nation from external threats.
• Promoting Harmony and Equality: Encouraging brotherhood among all citizens and advocating gender equality are integral duties. Citizens must strive to foster unity beyond religious and regional divides and combat prejudices based on gender.
• Preserving Cultural Heritage: Safeguarding India's diverse cultural heritage is a vital duty for every citizen, ensuring the continuation of our rich traditions for future generations.
• Environmental Stewardship: Upholding environmental protection is a key responsibility, necessitating active participation in preserving the environment and supporting legislative measures for sustainable development.
• Fostering Scientific Temper and Humanism: Citizens are encouraged to embrace scientific knowledge, rationality, and humanism. A spirit of inquiry, reform, and respect for organized knowledge are essential for societal progress.
• Respecting Public Property: Protecting public property and refraining from violence are crucial duties. Violating these responsibilities undermines the collective welfare and stability of society.
• Striving for Excellence: Pursuing excellence in all endeavors is emphasized as a means to advance as individuals and as a nation. Striving for excellence fosters growth, efficiency, and continual improvement.
• Promoting Education: Recognizing the value of education in social and moral development, citizens are obligated to support knowledge dissemination and ensure free and compulsory education for children aged 6 to 14 years. Education is the cornerstone of empowerment and progress for the future of India.

Awareness About Fundamental Duties

• The significance of rights and responsibilities in a democratic society is profound. However, there has been a historical lack of structured efforts to educate citizens on democratic governance.
• Both the State and society have fallen short in providing adequate resources and mechanisms for citizens to understand, embrace, and practice the "Culture of the Constitution." This deficiency significantly contributes to the limited observance of Fundamental Duties.
• In a notable judgment by Mr. Justice Venkataramiah in the case of M C Mehta (II) Vs. Union of India and Ors, several directives were issued:
  • The Central Government should instruct educational institutions nationwide to dedicate at least one hour per week to teaching students about the protection and preservation of the natural environment, encompassing forests, lakes, rivers, and wildlife, especially in the initial ten grades.
  • The Central Government is tasked with developing relevant textbooks for this purpose and supplying them to educational institutions without charge.
  • Children should be educated on the importance of cleanliness, starting with the cleanliness of their homes, surroundings, and the streets in their neighborhoods.
  • Consideration should be given to providing training for teachers who deliver this curriculum through short-term courses.
  • The Central Government, State Governments, and Union territories should contemplate the possibility of organizing events such as "keep the city/town/village clean" week.
  • Efforts should be made to raise national awareness about the challenges stemming from the widespread environmental degradation.

Conclusion and Suggestion

• The erosion of moral values in public life and the decline in work culture are attributed to the deviation from the true essence of education.
• It is crucial for every citizen to focus on developing their personality and instilling these values in the younger generation.
• Inculcating Fundamental Duties, especially among the youth, can lead to a genuine desire to implement these duties in daily life.
• The Justice Verma Committee Report of 1999 emphasizes the importance of creating awareness and instilling Fundamental Duties in citizens.
• The state must play a role in educating citizens about their Fundamental Duties to maintain a balance between rights and duties.