“Today everyone wants to know what his rights are, but if a man learns to discharge his duties right from childhood and studies the sacred books of his faith he automatically exercises his rights too”.
Where there is right there is duty also. As Indian citizen we have some rights similarly duties were also given, to maintain balance of the fundamental rights in the democratic country where the people opinion are the supreme for the governance of the country. Therefore, these duties were known as the fundamental duties which were imposed only on the citizens of India.
The Fundamental duties does not enshrined in the original constitution but these duties were added in the Constitution by the 42nd constitutional Amendment Act ,1976 ( aka The Mini constitution). These duties mentioned under part IV-A in the Article 51-A of the Constitution. Initially, there were 10 fundamental duties but later after the 86th Constitutional Amendment Act ,2002 one more duty was added and now there were total 11 fundamental duties in the Constituent of India.
At the time of National Emergency during the prime ministry of Indira Gandhi in the year 1975 their was a need of Fundamental duties as everyone claimed for their rights but there were no duties which can be imposed on them.
Therefore, on the recommendation of Sardar Swarna Committee constituted by Indira Gandhi origin of fundamental duties took place which were inspired by the USSR constitution also by the Article 29 (1) under universal declaration of human rights it gave more value to the fundamental duties.
Enforcement of the fundamental duties:-
Indian Constitution does not give any legal protection to the fundamental duties as fundamental rights .As stated that fundamental duties are not justiciable that means one cannot go to court by writs for violation of Fundamental duties. Last year justice N.Seshasayee of Madras High court observed that ‘Constitutional duties may be enforceable yet they cannot be ignored'. In a petition filled before it for organising a conference on 'repressing is the democracy'?.
Although there were no specific guarantee given to Fundamental duties but their are many provisions in the statute to bound citizen to perform its duty towards the nation, these duties not only bound to citizen but also for the State. Thus ,the Verma committee was set up in year 1999 to check the legal provisions related to fundamental duties. The provisions are relation to fundamental duties are:-
● Clause (a) of fundamental duties to respect the National flag and National anthem. If anyone disobeys them were punished under The Prevention Of Insult To National Honour Act, 1971
● Clause (c) to uphold & protect the sovereignty, unity & integrity of India if any one provoke to misguide people they were punished under sec 153B of IPC.
● For clause (e) Section 295-298 of the IPC deals with offences related to religion and provides punishments.
● Environmental protection Act, 1986 for protection for environment , wildlife and forests.
(1) Bijeo Emmanuel & ors. vs State of Kerala& ors. (NATIONAL ANTHEM CASE The Supreme Court of India found that the expulsion of school children for not singing the national anthem constituted a violation of their right to freedom of expression. Three school children were expelled from school after refusing to sing the Indian national anthem since it was against their religious faith as Jehovah’s Witnesses. Their representative argued that the expulsion was an infringement of their fundamental rights to freedom expression under Article 19 and freedom of religion under Article 25 of the Constitution of India. The Court reasoned that a limitation on the right to freedom of expression must be based on a law with statutory force. Yet, there were no provisions of the law that obligated individuals to sing the national anthem and the State of Kerala’s Department of Education lacked statutory force to require school children participate.
(2) M.C Mehta Vs Union of India in this case SC held that under Article 51-A (g) it’s a responsibility of central government to introduce compulsory teaching on lessons at least one hour in a week on environmental protection in all educational institution.
(3) AIIMS STUDENT UNION Vs AIIMS in this case Supreme court states that although fundamental duties are not enforceable by writs in the court but these can be laid down as guidelines for the resolution of any Constitutional and legal cases.
(4) Rural litigation & enlightenment Kendra Vs State of Uttar Pradesh:- In the Dehradun Valley Litigation case, the Central Government had become concerned about the destructive mining operations in the Valley at the same time when the Supreme Court took up the issue. The Supreme Court concluded that mining in reserved forests in the Dehradun valley violated the Forest Conservation Act
Recently, a Suo motto action taken by the Aurangabad High court bench of Mumbai High court states that in this time of pandemic we need to promote harmony and spirit of common brotherhood as the migrant workers face difficulty in situation. We have to provide daily wages ,food and shelter to them as we never forget our rights similarly we don’t have to forget our duties.
Moreover ,the Prime minister ,the President and the Law minister states to make more focus on the fundamental duties and called to put fundamental duties in the school curriculum and to display list of fundamental duties in all educational institution as well as public places
These duties were added to develop the sense of responsibility towards the nation of every individual. So there was a need of citizens interest to put these duties in similar importance as the fundamental rights .
[f] 1987 AIR 748, 1986 SCR (3) 518
[g] (1983) 1 SCC 471
[h]AIR 2001 SC 3262
[I] 1985 AIR 652, 1985 SCR (3) 169