CONSTITUTION OF INDIA - FUNDAMENTAL DUTIES

18CHFCO – CONSTITUTION OF INDIA

SCHEME OF DUTIES AND ITS
FUNDAMENTAL LEGAL STATUSES

Content

1. Introduction
- Origin and source

2. Need and Intend of Fundamental duties
3. Importance of Fundamental duties
4. Scope of Fundamental duties
5. Legal status

- 42nd Amendment Act
- 86th Amendment Act
6. Case laws
7. Enforcement of duties
8. Committees of Duties
9. Relation between fundamental duties , rights
& directive principles
10. Criticism
11. Importance of directive principle
12. Conclusion

S.NO TOPIC SPEAKER

1. • Introduction ANUSHYA M
• Origin of the fundamental duties 19E008
• Explaining the each duties (5 duties)

2. • Need and intend of the fundamental duties GURUVENKATESH M
• Explaining the each duties (6 duties) 19E025

3. • Scope of the fundamental duties AMIRTHAVARSHINI D
• Importance of the fundamental duties 19E007

4. • 42nd Amendment POOJA DEVI M
• 86th Amendment 19E069
• Corresponding legal status for each fundamental duties

5. • Fundamental duties of case laws HAMSA LEKHA E.B
• Enforcement of fundamental duties 19E026
• Fundamental duties complement fundamental rights

6. • Fundamental duties - committees NITYASRI S

• Relationship between fundamental rights, directive principles and 19E063

fundamental duties

7. • Criticism of fundamental duties GOPI
• Importance of directive principles 19E023
• conclusion

INDIAN CONSTITUTION

“ The constitution is not an instrument for the government to restrain the
people ; it is an instrument for the people to restrain the government “

WHAT ARE FUNDAMENTAL DUTIES?



 Defined as the moral obligations of all citizens which helps in promoting the spirit of patriotism, to
uphold the unity of India and also strengthen the hands of the legislature in enforcing these duties

 The constitution also demands that the citizens practice some essential norms of democratic
conduct in a civil society

 The duty of every citizen is to abide by the laws and perform his/her legal obligations
 However, like the Directive Principles, the duties are also non-justiciable in nature.

 The idea of Fundamental Duties is inspired from the Constitution of Russia and
borrowed from the Constitution of Japan.

 These were incorporated in Part IV-A of the Constitution by the 42nd Constitutional
Amendment Act, 1976 on the recommendations of Swaran Singh Committee.

 The recommendations were passed in 1976 and came into effect on 3rd January,1977.
 Originally 10 in number, one more duty was added through the 86th Constitutional

Amendment Act, 2002.
 All the eleven duties are listed in Article 51-A of the Constitution (the sole Article in

Part-IV-A).
 These duties were meant to bring our constitution aligned with theArticle29(1) of

the Universal Declaration of Human Rights and with various provisions of the
modern constitution of other countries like Japan,China, and USSR

Swaran Singh - Chairperson

 It is significant to note that none of the Constitutions of Western Countries
specifically provide for the duties and obligations of citizens

 In Britain, Canada & Australia the rights and duties of citizens are governed largely
by Common Law and Judicial Decisions

 The French Constitution Makes only a passing reference to duties of citizens.
 The American Constitution provides only for fundamental rights and not duties of

citizen
 But the Constitution of Socialist Countries, however, lay great emphasis on the

citizen's like Article 32 of the Yugoslavian Constitution and Soviet Constitution
lays down Fundamental Rights & Duties and also Chapter II of the Constitution of
Republic Of China.

What are the fundamental duties of college students????

R e f e r e n c e
http://npucbasavanagudi.com/abou t -us /fundam ental-dutie s/

REFERENCE VIDEO
Easy way to remember Fundamental duties (Tamil explanation)

https://youtu.be/a52sIeghy80

•To abide by the Constitution and •To cherish and follow the •To uphold and protect the
respect its ideals and institutions, noble ideals that inspired the sovereignty, unity and
the National Flag and the National national struggle for freedom; integrity of India;
Anthem;
•To promote harmony and the spirit of •To value and preserve the
•To defend the country and common brotherhood amongst all the rich heritage of the country’s
render national service when people of India transcending religious, composite culture;
called upon to do so; linguistic and regional or sectional
diversities and to renounce practices •To safeguard public property
To protect and improve the natural derogatory to the dignity of women; and to abjure violence;
environment including forests, lakes,
rivers and wildlife and to have •To develop scientific temper,
compassion for living creatures; humanism and the spirit of
inquiry and reform;

•To strive towards excellence in all spheres •To provide opportunities for education to his child
of individual and collective activity so that or ward between the age of six and fourteen years
the nation constantly rises to higher levels (added by the 86th Constitutional Amendment Act,
of endevour and achievement; 2002)

அரசியலமைப்புக்குக் கீழ்ப்படிந்து,அதன் ந ோக்கங்கமையும்,ஸ்தோபனங்கமையும்
ைதிப்பதுடன்
நதசியக்ககோடிமயயும்,நதசிய கீதத்மதயும் ைதித்து டத்தல்;

 As per the Constitution of India, it is the duty of every citizen to abide by the Constitution and respect
its ideals and institutions, the national flag and the national anthem.

 The reason behind respecting such symbols is that these symbols are a matter of pride which
represents the cultural heritage, unity among several diversities and the sacrifices

 The parliament enacted an act called the which
prohibits the desecration of or insult to the country's national symbols.

 According to Section 3 of the Act, whoever intentionally prevents the singing of the Jana Gana Mana or
causes disturbances to any assembly engaged in such singing shall be punished with imprisonment for
three years

ைது சுதந்திரப் நபோரோட்டத்திற்குத் தூண்டுநபோலோக அமைந்த உன்னதைோன
ந ோக்கங்கமைப் நபணிக்கோத்து பின்பற்றி டத்தல்;

 It becomes our duty to remember the Some of the noble ideals which inspired our national
sacrifices made by our forefathers and more struggle for freedom were:
important is to remember and follow the I. To achieve freedom from foreign rule so that the
ideals which pervaded our unique people of India have self-government which would
struggle. establish a society where there will be no
exploitation of man by man, no poverty, no disease,
 Its ideals were those of building a just society no illiteracy.
and a united nation of freedom equality, non- II. The above objective can be achieved only when
violence, brotherhood and world peace all citizens have opportunities for all round
development of their personality.
III. For all round development of personality, man-
making education is required.

ைது சுதந்திரப் நபோரோட்டத்திற்குத் தூண்டுநபோலோக அமைந்த உன்னதைோன
ந ோக்கங்கமைப் நபணிக்கோத்து பின்பற்றி டத்தல்;

During the freedom movement, the people in India had the following ideals.
 All the people were keen to sacrifice everything that they had.

Even the families supported them. People donated all the money
they had, left Government jobs, went to jails, etc.
 They had no regional feelings. The only thought all of them had was that they were all
Indians and fighting a common enemy Britain. The integration between different regions in
terms of food, language, etc., in those days was even lesser than today. But they had the
highest respect for the fellow Indians irrespective of which region they belonged to and
which language they spoke.
 Selfishness was at its lowest. People considered the entire society as a family rather than
looking at their own kith and kin.

இந்தியோவின் இமறயோண்மைமயயும் ஒற்றுமைமயயும், ஒருமைப்போட்மடயம் நபணிக்கோத்தல்;

It is one of the pre eminent national obligations of all the citizens of the India.
India is a vast and diverse nation with different caste, religion, sex and linguistic

people; if freedom and unity of the country are jeopardized then united nation is not
possible.
Hence in a way sovereignty lies with the people. It may be recalled that these were
first mentioned in preamble and also under 19(2) of fundamental rights reasonable
restrictions are permitted on freedom of speech and expression in the interest of the
sovereignty and integrity of India.

The nation stays in motion; as long as
we value our integration!

ோட்மடக் கோப்பதுடன், நதமவயோன நபோது ோட்டு லப்பணிகமையும் கசய்தல்;

 It is the duty of every citizen to defend our country against external enemies.
 All the citizens are bound to be conscious of any such elements entering India

and also when in need, they should be ready to take up arms to defend
themselves.
 It is addressed to all the citizens other than those belonging to army, navy and
the air force.

சைய, கைோழி, வட்டோர, பிோிவிமன நவறுபோடுகமை எல்லோம் கடந்து இந்திய ைக்கள் அமனவோிமடநயயும் சநகோதர
உணர்மவயும் ல்லிணக்கத்மதயும் வைர்த்தல்; கபண்கைின் கண்ணியத்மதக் குமறக்கின்ற கசயல்கமை
விட்கடோழித்தல்;

 India is a country having diversity in religion, language, section, and so on
 Indian Constitution preamble starts with the idea of promoting equality and

fraternity and these principles were laid our forefathers like Mahatma Gandhi
 In a similar way, social reformers and philanthropists like Raja Ram Mohan Roy,

Ishwar Chandra Vidyasagar, and many more overthrew the evil practices like Sati
system, widow remarriage which was derogatory against the dignity of women.
 Hence, each citizen must promote the spirit of common brotherhood among every
section of the society and respect the women by renouncing any practice which is
against the dignity of the women.

பல் வேறு கூறுகளுடைய நமது பண் பாை்டின் ேளமான பாரம் பரியத்டத மதித்துப் வபாற்றிக் காத்தல் ;

Value and preserve the rich heritage of the country’s composite culture.
 Our cultural heritage is one of the noblest and

richest, it is also part of the heritage of the earth.
 Hence it is our duty to protect what we have

inherited from the past, preserve it and pass on to
the future generations.
 Our contributions towards art, science, literature is
well known to the world, also this land is birth place
of Hinduism, Jainism and Buddhism.

காடுகள் , ஏரிகள் , ஆறுகள் , ேனவிலங் குகள் உள் ளிைை் இயற்டகச் சூழடல
வமம் படுத்திப் பாதுகாத்தல் ,
உயிரினங் களிடைவய பரிவுைன் இருத்தல் ;

Protect and improve the natural environment including forests, lakes, rivers and wildlife and to
have compassion for living creatures.

 These natural reserves are the most valued assets of

our country hence it is the duty of every citizen to

protect it.

 Rising pollution, large scale degradation of forests is

causing immense harm to all the human lives on earth.

 It is also reinforced in other constitutional provision

under article 48A

அறிவியல் மனப்பாங் கு, மனிதாபிமானம் ,
ஆராய் சச் ி உணரவ் ு, சீரத் ்திருத்த மனப்பான் டம
ஆகியேற் டற ேளரத் ்தல் ;

Develop scientific temper, humanism and spirit of inquiry and reform.

 It is a known fact that it is necessary to

learn from the experiences and

developments around the world for our

own development.
 It is duty of every citizen to protect and

promote scientific temper and spirit of

inquiry to keep pace with fast changing

world.

பபாதுச் பசாத்டதப் பாதுகாத்தல் ; ேன் முடறடய
விைப் ைாழித்தல் ;

Safeguard public property and to abjure violence.

 It is unfortunate that in a country which preaches non-violence to the rest
of the world, we ourselves see from time to time incidents of senseless
violence and destruction of public property.

 Among all the fundamental duties this one holds a great significance in
current scenario when strike, protest etc. have become a common
phenomenon.

 Whenever there is a strike or bandh or rally, mob develops mentality to
harm public properties like buses, buildings and to loot them and citizens
who are protectors become mute spectators.

பதாைரச் ச் ியாக நம் நாடு தன் னுடைய முயற் சியில் பல முன் வனற் றங் கடளக்
காணவும் ,சாதடனகடளப் படைக்கவும் தனிமனித மற் றும் கூைட் ு முயற் சிகள்
அடனத்திலும் திறடமடய ேளரக் ்கப் பாடுபடுதல் ;

Strive towards excellence in all spheres of individual and collective activity so
that the nation constantly rises to higher levels of endeavor and achievement.

 As responsible citizens whatever work we take up

should be directed towards achieving the goal of

excellence so that our country constantly rises to

higher levels of endeavor and achievement.
 This clause has potential to not only regenerate

and reconstruct the country but also to raise it to

the highest possible level of excellence.

14 – ேயதிற் கு உைப் ை்ை குழந்டதகளுக்கு கல் வி கற் பதற் கான ோய் ப்புகடள
பபற் வறாரக் ளும் , காப்பாளரக் ளும் ேழங் கவேண் டும் என் கிறது. இந்த கைடம
2002-ம் ஆண் டு 86-ேது சைை் திருதத் ம் ோயிலாக வசரக் ்கப்பை்ைது.

Provide opportunities for education to his child or ward between the age of six
and fourteen years.

 It was the recommendation of National Commission
to Review the Working of constitution, to make
education a fundamental right of all the children up to
age of 14.

 86th Constitutional amendment Act, 2002 however
provided for free and compulsory education as a
legally enforceable fundamental right for all children
between 6 to 14 years of age.

NEED & INTEND OF FUNDAMENTAL DUTIES

 To understand the Fundamental Rights in totality, one needs to take
Fundamental Duties into consideration.

 Fundamental Duties help in striking a balance between the demands of the
citizens and the expectations of the civil society and legal structure.

 In order to strike that balance between a citizen’s demands and the civil
society’s claims, it is necessary to educate and update citizens regarding their
social and civil responsibilities. This would help shape the modern civil
societyIt was decided by the Supreme Court that it is neither feasible nor fair
for our constitution to ensure fundamental rights to citizens without
expecting certain duties and obligations in return.

SCOPE AND IMPORTANCE OF FUNDAMENTAL DUTIES

Scope of fundamental duties

 It helps the courts in determining the constitutionality of the law whilst
declaring any law that gives force to fundamental duties as reasonable and
valid.

 They are used by the courts for interpreting the statues that would otherwise
have many constructions. Any interpretation of the law that is in line with the
fundamental duties is found to be the best interpretation.

 Whilst deciding on the enforceability of fundamental rights, the courts look
upon the fulfilment of corresponding duties by the claimant. Courts take a
stern view in case it is found that the claimant has fallen short in the
performance of his duties.

 They serve as a warning against anti-national and anti-social activities against
the nation.

IMPORTANCE OF FUNDAMENTAL DUTIES

• Our society can only be uplifted if each and every
citizen focuses on bridging the gaps that have been
created in the society, by performing their duties
towards the society. Judicial reforms help in enforcing
such duties from time to time because there is no
provision in the Indian Constitution for their
enforcement.

RIGHTS AND DUTIES

A citizen of a country is an
individual recognized under the
custom or law as being a legal
member of a sovereign nation or
allegiance to a government in
exchange for its protection,
whether at home or abroad. A
citizen is one of the dominant
pillars of the country.

• Fundamental duties act as a constant reminder that the citizens while
enjoying their fundamental rights should not forget about their duties
towards the nation.

• These duties act as a warning signal for the people against any type
of antisocial activities.

• These duties gives a chance to the people to have an active
participation in the society rather than being a spectator.

• These duties promote a sense of discipline and
commitment towards the society.

• The courts can use fundamental duties for
determining constitutionality of law. If any law is
challenged in court for its constitutional validity
and if that law is providing force to any of the
fundamental duties then that law will be held
reasonable.

• If the fundamental rights are enforced by a law
then in case of its violation the Parliament can
impose penalty or punishment for the same.

In the words of Late Prime

Minister Indira Gandhi, “the
moral value of fundamental

duties would not be to
smoother rights but to
establish a democratic
balance by making people
conscious of their duties
equally as they are conscious

of their rights”.

 What was the need for this fundamental duties
added to the constitution?

Fundamental
Rights

Fundamental duties in the Indian constitution

 42nd Amendment Act passed by parliament on 11th
November 1976

 The Fundamental Duties of citizens were added to the
Constitution by the 42nd Amendment in 1976

 The concept of Fundamental duties was taken from the
USSR.

 Chapter IV-A - Article 51-A was added which dealt with a
Code of Ten Fundamental Duties for citizens

 86th Constitution the Amendment in year 2002, 11th duty
was added

What is meant by legal status?

legal status is the position held by

something or someone with

regard to law.

 Privileges
 Obligations
 Powers
 restrictions

CORRESPONDING STATUSES

To respect the National Flag and National Anthem
corresponds with Sections 2 and 3 of

 The Prevention of Insults to National
Honor Act, 1971

 Enacted by: Parliament of India
 Enacted: 23 December 1971

This Act provides a punishment of imprisonment up to three years, if
one in any manner disrespects the National Flag and on those who
intentionally prevent the singing of the National Anthem

CORRESPONDING STATUSES

• ACT NO. 69

1. Insults to Indian National Flag and Constitution
of India.

Corresponds to duty 1

 Whoever in any public place or in any other place within public view
burns, mutilates, defaces, disfigures, destroys, tramples upon or into
contempt the Indian National Flag or the Constitution of India or any
part thereof, shall be punished with imprisonment for a term which may
extend to three years, or with fine, or with both.

CORRESPONDING STATUSES

1. Prevention of singing of Indian National Anthem

Whoever Intentionally prevents the singing of the Indian National Anthem
shall be punished with imprisonment for a term which may extend to three
years, or with fine, or with both.

Shyam Narayan Chouksey v. Union of India, the Supreme Court passed an
interim order

mandated the playing of the National Anthem at the start of every film in
cinema theatres

to stand during the National Anthem to convey respect

CORRESPONDING STATUSES

1. The Protection of Civil Rights Act 1955
2. The Unlawful Activities (Prevention) Act, 1967

Corresponds to duty 5

 This is in favor of ensuring Article 51-A which aims to promote
brotherhood.

 It has been drafted to prevent citizens’ indulgence in unlawful activities
that may incite communal violence.

 If one discriminates against another on the basis of caste or religion,
they will face punishment as per this act.

CORRESPONDING STATUSES

1. Corresponds to the duties 3 and 5

The Indian Penal Code provides a remedy for violating duties 3
and 5 of Article 51-A which are associated with sovereignty, unity
and integrity of the nation, the sense of promoting harmony and
brotherhood and the acts that disrespect the modesty of women

The emphasis in of Article 51-A for protecting public property,
avoiding violence also find a place in the statutes of the IPC.

CORRESPONDING STATUSES

1. Environmental Protection Act,1986,
2. The Wildlife Act 1972
3. The Forest Act 1980
Corresponds to the duty 7

 The duties intend to protect the environment and extend consideration for
animals and the planet as a whole.

 The central government to protect and improve environmental quality,
control and reduce pollution from all sources, and prohibit or restrict the
setting and or operation of any industrial facility on environmental grounds.

CORRESPONDING STATUSES

 Right to Education Act 2009

Corresponds to duty 11
 It describes modalities of the importance of free and compulsory

education for children aged between 6-14 years in India
 The main objective of RTE Act is to ensure that each child in India

receives quality elementary education irrespective of their economic or
caste background.

10 statements under RTE act

Compulsory and free education for all
 The benchmark mandate
 Special provisions for special cases
Quantity and quality of teachers
 Zero tolerance against discrimination and harassment
Ensuring all round development of children
 Improving learning outcomes to minimize detention
 Monitoring compliance of RTE norms
 Right to Education Act is justiciable
 Creating inclusive spaces for all

Duty Duty Corresponding legal status Year of
No Act
To abide by the Constitution and respect its ideals and The Prevention of Insults to
1 institutions, the National Flag and the National Anthem; National Honor Act 1971

5 To promote harmony and the spirit of common brotherhood The Protection of Civil Rights 1955
1967
amongst all the people of India transcending religious, Act

linguistic and regional or sectional diversities and to renounce The Unlawful Activities Act

practices derogatory to the dignity of women

3,5 To uphold and protect the sovereignty, unity and integrity of Indian Penal Code 1860
India
To promote harmony and the spirit of common 1986
1972
7 To protect and improve the natural environment including Environmental Protection Act 1980
forests, lakes, rivers and wildlife and to have compassion for The Wildlife Act
living creatures The Forest Act 2009

11 To provide opportunities for education to his child or ward Right to Education Act
between the age of six and fourteen years

FUNDAMENTAL DUTIES OF CASE LAWS

 In order to sensitize the people and to create general awareness regarding
the fundamental duties, the State and the Union Government should take
proper steps on the lines that were recommended by the Justice Verma
Committee.

 For generating awareness and consciousness of citizens related to
fundamental duties, modes and manners needs to be adopted.

CASE LAWS

RESPECT OF • Bijoe Emmanuel Vs State of Kerala.
NATIONAL
ANTHEM • Prevention of Insult to National
Honours Act, 1971.

PROTECTION • M.C.Metha Vs Union of India,
OF 1983.

ENVIRONMENT • Article 51A (g)

NATIONAL ANTHEM CASE

 In the case of Bijoe Emmanuel Vs State of Kerala which is popularly
known as the National Anthem Case, on refusing to sing the National
Anthem in the school.

 Three children of the Jehovah’s Witnesses were expelled from the school.

 Kerala made it compulsory for the school students to sing the National
Anthem.

 These three children did not join the singing of the National Anthem but
they stood up out of respect.

 They didn’t sing the National Anthem because their religious faith didn’t
permit it and it was against their religious faith.

 They were expelled on the ground that they violated their fundamental
duties and committed an offence under the Prevention of Insult to
National Honors Act , 1971

PROTECTION OF ENVIRONMENT

 M.C.Metha Vs Union of India, 1983

Supreme Court held that it is compulsory for all the educational institute to organise a
teaching lesson based on the protection and improvement of the natural environment under
Article 51A(g).

The Central Government should also distribute books free of cost on the same subject in all
the institutes and also raise consciousness amongst people towards clean environment.

JUSTICE VERMA COMMITTEE

 Justice Verma Committee was established in 1998.
 The committee took this step because it was aware of the non-

operationalization of the Fundamental duties.

The committee provided with the provisions like:
 Prevention of Insults to National Honor Act, 1971 - No person can disrespect

the National flag, Constitution of India and the National Anthem.

 Protection of Civil Rights Act (1955) - provided for punishments in case of
any offence related to caste and religion.

 If the members of the Parliament or the state legislature indulge in any
corrupt practices like asking votes in the name of religion then they will be
held liable under the Representation of the People Act, 1951.

 Wildlife (Protection) Act, 1972 - protect and prohibit the trade in the case of
rare and endangered animals.

 Forest (Conservation) Act, 1980 was implemented to make sure that Article
51A(g) was properly implemented.



ENFORCING FUNDAMENTAL DUTIES

 The fundamental duties not only guide the citizen but also guides the legislative and executive actions of
elected or non-elected institutions, organizations and municipal bodies.

 These duties should be made operational only when the directions have been provided by the legislature
and judiciary and still there is a violation of fundamental duties.

 The legal utility of fundamental duties and directive principles is the same. Fundamental duties are
addressed to the citizens whereas directive principles address to the state and there is no legal sanction
in case of their violation.

 The 42nd Amendment, incorporated duties in the Constitution and these are statutory duties and shall
be enforceable by law. If there will be a failure to fulfill those duties and obligations then the
Parliament, by law can impose penalties.

 Due to the illiteracy of the people, they are not politically conscious of what they owe to the society and
country. Homes, universities, or any other place can be made the centers for imparting in the
performance of their obligations.

FUNDAMENTAL DUTIES COMPLEMENT FUNDAMENTAL RIGHTS

FUNDAMENTAL RIGHTS FUNDAMENTAL DUTIES

• Fundamental Rights applies to • Fundamental Duties apply
both citizens and foreigners. only citizens.

• Fundamental Rights are • Fundamental Duties are non-
justiciable in nature i.e. they justicaiable in nature i.e. they
can be taken to court of law can’t be taken to court of law
if they are not followed. it tthey are followed.

• Fundamental Rights have • Fundamental Duties have
impact on the government. impact on the citizens.

• Rights are what we want • The duties are those acts
others to do for us. which we should perform for
others.