How many fundamental duties are referred in the constitution of india
The basic idea behind formulating these Fundamental Rights is to protect the liberty of citizens and to maintain the social democracy of the country based on the factors of equality in society. The Directive Principles of State Policy serves as guidelines for the government to incorporate while framing the laws. These principles are enshrined in Part IV of the Indian Constitution set forth the fundamental guidelines for the State to apply in framing, enacting and passing laws establishing a social, economic democratic nation.
The Fundamental Duties have been defined as the moral obligations of all the citizens to help promote the welfare of the country and to uphold the unity of the nation. Just like the Directive Principles, these duties represent guidelines that the citizens should obey for the welfare of a democratic nation. What are the 11 Fundamental Duties of the Indian Citizens? It shall be the duty of every citizen: To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
To cherish and follow the noble ideals which inspired our national struggle for freedom. To uphold and protect the sovereignty, unity, and integrity of India. To defend the country and render national service when called upon to do so. 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.
To value and preserve the rich heritage of our composite culture. To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures.
To develop the scientific temper, humanism and the spirit of inquiry and reform. To safeguard public property and to abjure violence. 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.
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 to fourteen years. What is the difference between Fundamental Rights and Fundamental Duties? Fundamental Duties are the legal responsibilities bestowed upon the citizens to perform. Fundamental Rights are considered to be the normative rules of liberty and freedom for every citizen in order to achieve a harmonious and a free lifestyle Fundamental Duties are the moral responsibilities of all the citizens that need to be performed by them in order to achieve prosperity and uphold the unity of the nation.
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Terms of Use Privacy Policy Sitemap. These were as follows:. However, all of the recommendations were not accepted and some further changes were made to the recommendations of the Swaran Singh Committee and Fundamental Duties were finally inserted by the 42nd amendment in the Indian Constitution in the year However, initially, there were only ten fundamental duties and the 11th duty was added later by the 86th amendment in Many countries in this world have the fundamental duty mentioned in their constitution.
For example, Articles of the Democratic Republic of Vietnam talks about the duties of citizens towards the nation. Similarly, Article of The Netherlands also mentions about the same. Japan has also mentioned the fundamental duty of the residents of the country. The idea of Fundamental Duties which has been mentioned in our constitution is basically taken from the constitution of Russia then USSR.
Both have a moral obligation on the state and citizens respectively. Fundamental Duties do not have any legal devour for its violation. There are six positive duties which are expected to be done by the citizens of our country and there are five negative duties which are not expected to be carried out by the citizens. There is no legal enforceability for its breach, it is because of the nature of the Fundamental Duties.
We can clearly understand that it is practically impossible to enforce these duties. It is important to know that Fundamental Duties are only enforceable for the citizens holding public offices. It is possible by way of departmental rules of conduct and by making suitable legislation. There are appropriate sanctions for the breach of Fundamental Duties in Public Offices. There are many places in India where a person holding public office can be barred from departmental promotions, also their increment can be refused.
An officer who takes part in strikes and organized a rally against the institution can be made to give up his salary for that day. Prevention of Insults to National Honour Act, is an act that prevents the citizens of our country from dishonoring the country. It includes dishonoring the National Flag and Constitution of India.
However, these are reasonably enforceable. Section 3 of this act talks about the prevention of singing of the National Anthem. All the citizens should be punished if they intentionally prevent the singing of the National Anthem or causes disturbance to an assembly which is busy in such singing.
For instance, if a person starts making noise in a place where an assembly is doing the National Anthem he would be punished under this article. In the recent case of Shyam Narayan Chouksey v. This judgment was found to be violating Article 19 1 of the Indian Constitution as the unreasonable restrictions were put on the citizens of the country.
Article 19 1 g clearly mentioned that the state can formulate any law which puts a restriction on Article 19 1 however these restrictions should be reasonable. The decision, in this case, was found to be violating the fundamental right of citizens.
It was found to be violating the Fundamental Rights as it put unreasonable restrictions that cannot be done by the State. As our country is a liberal country where everyone has the right to think independently, express their views without any obligation and follow their belief without any compulsion.
This case brought turmoil in the Indian society as many people supported this verdict as they found it to protect the honor of our nation. There were also people who were not satisfied with the verdict of the Court as they find it to violate the fundamental rights of citizens.
It was a landmark case in the Indian Judicial System. How can one be compelled to stand during the National Anthem without his will? Also, how can the patriotism of a person be judged by this? Here there were many loopholes in the Supreme Court decision. The Fundamental Duty, given in Article 51 A g of the Indian Constitution clearly mentions the duty of the citizen to protect the environment. According to this article, it is the duty of every citizen to protect and preserve the natural environment natural environment includes forest, rivers, lakes, and wildlife.
A healthy environment is an essential element of the welfare of any society. In the case of M. Mehta v. Union of India Article 51 g was enforced by the Supreme Court. In this case, This case is about the city of Kanpur, which is the biggest city on the bank of river Ganga. Here Apex Court of the country found that Municipal bodies and industries in Kanpur were the main reason for polluting the river.
Therefore judgment was taken against Kanpur Nagar Mahapalika. In this case, Nagar Mahapalika and Municipal Boards were held liable because it is their responsibility to maintain and protect the environment in the areas of Kanpur.
Further here the Apex Court held that as there are many grave consequences of water and air pollution and also as there is a need to protect and improve the natural environment it became a moral obligation on the part of the government to ensure the protection of the environment. Also, it is one of the fundamental duties which is given in our constitution which makes a moral obligation on the part of the citizens as well to ensure the protection of the environment.
The Supreme Court held that it is the duty of the Central Government to direct all the educational institutions of our country to teach and train citizens about the protection and improvement of the environment for at least one hour a week.
Further Supreme Court held that the Central Government needs to get the textbook written for the same purpose. These textbooks would be further distributed among all educational institutions of our country. There should be training for teachers who are going to give such educational teaching to children.
By reading all the Fundamental Rights and Fundamental Duties together we can make a clear understanding that there is a direct relationship between the Fundamental Rights and Fundamental Duties. Right to Liberty was strengthened by stipulating that detention under the Preventive Detention Act shall not be for more than two months. Right to Property was converted from a Fundamental Right to a legal right, by amending Article 19 and deleting Article Article 15 was amended by inserting Clause 4, empowering the state to make any special provision for the advancement of any socially and educationally backward classes or categories of SCs and STs notwithstanding anything in this Article or in Clause 2 of Article Article 19 was amended to secure constitutional validity of zamindari abolition laws and to provide for new grounds of restrictions to the Right of Freedom of Speech and Expression and the right to practice any profession or to carry on any trade or business.
Articles 31A and 31B, and the Ninth Schedule were inserted to give protection to land reform laws from being questioned on the ground that they are not consistent with Fundamental Rights. The President was obligated to give assent to any Constitution Amendment Bill presented to him. This amendment was however, declared unconstitutional by the Supreme Court in This article originally appeared in the print edition on December 2, The errors are regretted. Click here to join our channel indianexpress and stay updated with the latest headlines.
Abantika Ghosh A look at what these duties are, and how they were included in the Constitution.
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