SC issued notices to Centre & states on enforcing of the fundamental duties

The Supreme Court on February 21 issued notices to the Centre and states in a writ petition seeking the enforcement of the fundamental duties of citizens as enshrined in the Article 51A of the Constitution of India.

• The petition was filed by advocate Durga Dutt.

• He argues that citizens have a duty to uphold the ideals of the country and to contribute to its growth and betterment.

• There have been cases where Fundamental Duties have been brazenly flouted by the people including the officers of the law and which in turn resulted in violation of Fundamental rights of other citizens.

Features of Fundamental Duties

• The fundamental duties were incorporated in Part IV-A of the Constitution by The Constitution (42nd Amendment) Act, 1976 after Swaran Singh’s Committee recommendations.

• Article 51(A) describes 11 fundamental duties — 10 came with the 42nd Amendment; the 11th was added by the 86th Amendment in 2002.

• These duties are not enforceable by law. However, a court may take them into account while adjudicating on a matter.

• The Fundamental Duties are confined to Indian citizens only and do not extend to foreigners unlike a few Fundamental Rights.

11 Fundamental Duties

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 which inspired our 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 transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
6. to value and preserve the rich heritage of our composite culture;
7. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
8. to develop the 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 endeavour and achievement;
11. 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.

• The 11th duty on the education of children was added in 2002 by The Constitution (86th Amendment) Act. The same amendment also introduced Article 21A in the Constitution.

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