Petition filed for compulsory implementation of Fundamental Duties
Recently a petition has been filed in the Supreme Court seeking “implementation of Fundamental Duties through comprehensive and well-defined laws”.
The Supreme Court has sought answers from the Center and the states on this petition. Other fundamental duties including patriotism and unity of the nation are mentioned in Article ’51A’ of the Constitution.
Arguments presented in the petition in favor of legal enforcement of Fundamental Duties In the Ranganath Misra case, the Supreme Court had argued that Fundamental Duties should be enforced through legal and social sanction.
Rights and duties are co-related. Illegal tendencies of protest are being seen under the guise of freedom of speech and expression. Roads and rail routes are being blocked to force the government to accept their demands.
However, the issues involved in making Fundamental Duties enforceable are basically the ‘moral obligations’ of the citizens.
In addition, they refer to values that have been a part of Indian tradition, mythology, religions and practices.
It may be noted that the fundamental duties of citizens were included in the constitution on the recommendations of Swaran Singh Committee. They were included in Part-A of the Constitution by the 42nd Constitutional Amendment Act, 1976.
Fundamental duties are not enforced legally. The concept of Fundamental Duties is taken from the Soviet Union (USSR).
Fundamental duties are applicable only to Indian citizens and not to foreigners.
Fundamental Duties:
It shall be the duty of every citizen of India to-
- “ 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 and wild life, 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 endeavour 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 and fourteen years.”
Source – The Hindu
