Date : 30 Oct, 2019
Post By Bhupender Tanwar
The Swaran Singh Committee recommended that citizens' fundamental duties be added to the constitution by the 42nd Amendment, which was enacted in 1976 under Article 51A part 4A. Fundamental duties were not included in the Indian Constitution when it was first drafted. The USSR's constitution influenced the core responsibilities. Earlier fundamental duties were originally 10, but the 86th Amendment in 2002 increased them to eleven by requiring every parent or guardian to ensure that their child or ward has access to education between the ages of six and fourteen. The other fundamental duties bind all citizens to honor India's national symbols, including that of the constitution, to appreciate its legacy, conserve its composite culture, and contribute to its defence. They also require all Indians to create a spirit of common brotherhood, safeguard the environment and public property, cultivate a scientific temperament, avoid violence, and strive for excellence in all areas of life. Violations of fundamental duties are not criminal unless they are supported by legislative acts such as the Prevention of Insults to National Honour Act of 1971, the Environment Act, the forest act, as well as the Pollution Act, and others. The Supreme Court has concluded that these fundamental duties can also assist the court in deciding whether a statute passed by the legislature is constitutional. The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights both mention such responsibilities. Consult the best lawyer online
Why do we need Fundamental duties: The relationship between rights and responsibilities is inverse. Every person is reminded of their fundamental duties on a regular basis, while the Constitution grants them certain fundamental rights. Citizens are expected to follow certain basic democratic conduct and behaviour rules. Congress, which was in power at the time, asserted that what the Constitution's architects failed to achieve was now being done. A chapter on citizens' responsibilities to the nation was included to address this gap. People in India are more concerned with their rights than with their responsibilities.
This was a flawed perspective. There has long been a tradition in this country of doing one's job even if one's rights and privileges are somewhat ignored. Individual KARTAVYA, or the performance of one's responsibilities towards society, one's country, and one's parents, has been emphasised from the dawn of time. People should do their obligations without regard for their rights, according to both the Geeta and the Ramayana. Traditional duties are now protected by the law. If one carefully examines the Constitution, he or she will find not only their rights but also their responsibilities. A careful examination of the Constitution will undoubtedly answer the question of those who claim that the Constitution simply protects citizens' rights and does not address individuals' societal responsibilities. Liberties of thought, speech, belief, faith, and worship are among the Fundamental Rights guaranteed to all people by the Indian Constitution's Preamble. These are not absolute rights, as the state has the authority to impose reasonable limitations in the public good. Fundamentals duties of Indian citizens: In Part-IV-A of the Indian Constitution, there's only one article dealing with fundamental duties, which is Article 51A of the Indian constitution. Get in touch with the best lawyer online The 42nd Amendment Act of 1976 made it a part of the Constitution. The residents of India were given, for the first time, a code of 11 fundamental duties. According to Article 51-A, every Indian citizen is responsible for: All citizens of India must respect the Constitution, its ideals and institutions, the National Flag, and the National Anthem. Ideals such as justice, equality, liberty and fraternity, as well as institutions such as the executive, legislature, and judiciary, must be respected by all citizens of the country. No one should be subjected to any practise that undermines the Constitution's spirit and dignity. It is a failure as a citizen of a sovereign nation if anyone shows disrespect for the National Anthem or the National Flag. One should treasure the great values that motivate the nation's quest for independence. Every citizen should recognise, admire and respect the great ideas that motivated the freedom war. These concepts centre on creating a just society, a united nation based on equality, freedom, nonviolence, brotherhood, and global peace. A citizen's commitment to these values must be unwavering. One of the most essential responsibilities of every Indian citizen is to maintain and protect the country's sovereignty, unity, and integrity. If the country' cohesiveness is compromised, it is impossible to have a united nation. The people have sovereignty. In order to protect India's interests and integrity, Article 19(2) of the Indian Constitution imposes reasonable limitations on freedom of speech and expression. Every citizen should protect the country against its enemies and undertake national service when called upon. Apart from those in the army, navy, and other armed forces, all citizens should be prepared to defend themselves and the country at any time. It is important to create harmony and a spirit of common brotherhood among Indian citizens, transcending religious, linguistic, regional, and sectional differences, and to reject traditions that are demeaning to women's dignity– The presence of a single flag and a common citizenship not only symbolises a feeling of fraternity, but it also encourages citizens to put aside their differences and focus on collective effort in all areas. The heritage of our composite culture should be valued and preserved, as India's culture is one of the world's richest. As a result, every person has a responsibility to preserve history and pass it on to future generations. A citizen should maintain and improve the natural environment, including woods, lakes, rivers, and animals, as well as exhibit compassion for living creatures; this obligation is also guaranteed as a constitutional requirement under Article 48A. Each country's natural ecosystem is extremely essential and precious. As a result, every person should make efforts to defend it. It is vital for a person to learn from the experiences of others and grow in this fast-changing environment, not only the scientific temperament and humanism, but also the spirit of inquiry and change. As a result, in order to respond to these changes, one should strive for a scientific temperament. Public property should always be protected and avoided– A great deal of damage has already been done to public property as a result of pointless acts of violence in a country that preaches nonviolence. As a result, protecting public property is everyone's responsibility. To ensure that our country advances to a greater level of achievement, it is the essential duty of every citizen to do the work that is assigned to him or her with perfection in all aspects of life and also for collective activity. This would undoubtedly propel the country to the pinnacle of achievement. Children between the ages of six and fourteen, one should always give his or her child or ward the option to attend school– Children aged 6 to 14 must receive free and compulsory education, which must be given by the child's parents or guardians. The Constitutional Amendment Act of 2002, known as the 86th, provided for this.