FUNDMENTAL DUTIES

(ART 51-A)
This new Part IV-4 which consists of only one Art 51-A
was added to the constitution by the 42nd Amendment, 1976
. This Art for the first time specifies a Code of fundamental
duties for citizen. Art 51-A says that it shall be the duty of
every citizen of India-
(a) to abide by Constitution and respect its ideal and
institutions, the National Flag and National Anthem .
(b)to cherish and follow the noble ideas 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 sprite of common
brotherhood amongst all the people of India transcending
religious, or sectional diversities; to renounce practices
derogatory to the dignity of women;
(f)to value and preserve the right heritage of our
composite culture;
(g)to protect and improve the natural environment
including forests, lakes, rivers and wildlife, and to have
compassion for living creature;
(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 end endeavour and achievements.
The Constitution (86th Amendment) Act, 2002 has added a
new clause (k) to Art 51-a which provides “who is parent or
guardian to provide opportunities for education to his child or
as the case be, ward between the age of six and fourteen
years.”
Needs for fundamental duties.-Rights and duties are
correlative. The fundamental duties, are, therefore, intended
to serve as an constant reminder to every citizen that while
the constitution specifically conferred on them certain
fundamental rights, it also requires citizen to observe certain
basic norms of democratic conduct and democratic behaviour.
It is submitted that view is wrong. The performance of
one’s duties even is partial disregard of one’s rights and
privileges has been traditional in this country. Since time
immemorial the emphasis in Indian Society in accordance
with the dictates of the ancient scriptures has been on the
individual’s “ Kartavya ”, this is, performance of one’s duties
towards society, the country and especially towards one’s
parents The Gita and the Ramayana enjoin people to perform
their duties without caring for their rights or (fruits).
These traditional duties have been given constitution
sanction. “If one take care to see, he will discover in the
constitution not only his rights but also his duties”. By the
Preamble the Constitution secures to all citizens : “liberty of
thought, expression, belief, faith and worship.” These are
fundamental rights of the citizen. The rest of the preamble
emphasises only the duties, “justice, social economic and
political”. In addition to this, the fundamental rights
guaranteed by the Constitution are not absolute rights. The
State is empowered to impose reasonable restriction and
curtail these rights in the interest of society. Restrictions may
sometimes amount to prohibition.
Source of fundamental duties : None of the Constitutions of
western countries specifically provided the duties and
obligations of citizen. among the democratic constitutions of
the worlds, we find mention of certain duties of the citizen in
the Japanese Constitution.
In Britain, Canada and Australia the rights and duties of
citizen of citizen are governed largely by common law and
judicial decision. The French Constitution makes only a
passing reference to duties of citizen. The American
Constitution provides only for fundamental rights and does
not refer to the duties of citizen. It does not mean that the
people of these countries behave in a irresponsible manner.
In all these countries the citizen are imbued with a high sense
of patriotism as a result of education and training in the
elementary duties and obligations of citizenship.
 Britain, Canada and Australia the rights and duties of citizen are governed largely by common law and judicial decision. The French Constitution makes only a passing reference to duties of citizen. The American Constitution provides only for fundamental rights and does not refer to the duties of citizen. It does not mean that the people of these countries behave in a irresponsible manner. In all these countries the citizen are imbued with a high sense of patriotism as a result of education and training in the elementary duties and obligations of citizenship.

The constitution of socialist countries, however, lay great

emphasis on the citizens duties. Art 32 of the Yugoslavia
Constitution lays down: “The freedom and rights shall be achieved
in solidarity among the people by the fulfilment of their duties
towards each other”.
The Soviet Constitution imposes upon the people definite
duties towards society and towards the state. These duties can be
summed up as : observance of the constitution and laws to
maintain labour discipline, honest performance of public duties,
respect for the rules of socialist society which govern conduct of
citizens in relation to society and each other safeguarding of public
socialist property, universal military service and defence of the
country. China-lays specific duties-right to work which is guaranteed
and paid accordance with its quantity and quality.
But in India this is an important omission even today because of
poverty curse. Necessity knows no law.
 Enforcement of duties-The duties incorporated in the
constitution by the 42nd Amendment are statutory duties and
shall be enforceable by law. Parliament, by the law, will provide
penalties to be imposed for failure to fulfil those duties and
obligations.
For the proper enforcement of duties, it is necessary that it
should be known to all by systematic and intensive education
of the people, publicity or making it part of the syllabi and
curriculum of education. But most of people are illiterate and
not politically conscious of what they owe to society and
country.
An Aid to interpretation of Constitutional provisions : Are
equally important like fundamental rights though duties are
not made enforceable but it cannot overlook as “duties” in Part
IV A is prefixed by the same word “fundamental” which was
prefixed by the founding fathers of the constitution to “right”
in Part III.