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UGC NET LAW (058) · UNIT 02 · MODULE 1: FOUNDATIONS: PREAMBLE, RIGHTS, DUTIES AND DIRECTIVE PRINCIPLES · TOPIC 3

Fundamental Duties (Article 51-A)

Why duties were added in 1976, the eleven duties in order, and why they are not directly enforceable.

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  1. 3.1BackgroundNot in original Constitution.
  2. 3.2The 11 Fundamental DutiesAbide by the Constitution and respect its ideals, institutions, National Flag, National Anthem Cherish noble ideals of national freedom struggle Uphold and protect…
  3. 3.3Key FeaturesNON-JUSTICIABLE — no court can directly enforce or punish breach Apply to CITIZENS only (not non-citizens) Parliament CAN pass laws to enforce duties indirectly — protected…

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3.1Background#

In brief

Not in original Constitution.

Not in original Constitution. Inserted by 42nd Constitutional Amendment Act, 1976 (Swaran Singh Committee recommendation) — borrowed from USSR Constitution. 86th Amendment (2002) added the 11th duty.

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3.2The 11 Fundamental Duties#

In brief

Abide by the Constitution and respect its ideals, institutions, National Flag, National Anthem Cherish noble ideals of national freedom struggle Uphold and protect…

  1. Abide by the Constitution and respect its ideals, institutions, National Flag, National Anthem

  2. Cherish noble ideals of national freedom struggle

  3. Uphold and protect sovereignty, unity, integrity of India

  4. Defend the country and render national service when called upon

  5. Promote harmony and common brotherhood; renounce practices derogatory to women's dignity

  6. Value and preserve rich heritage of composite culture

  7. Protect and improve natural environment; compassion for living creatures

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

  9. Safeguard public property; abjure violence

  10. Strive towards excellence in all spheres of individual and collective activity

  11. Provide opportunities for education to child/ward between 6–14 years (86th Amendment, 2002)

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3.3Key Features#

In brief

NON-JUSTICIABLE — no court can directly enforce or punish breach Apply to CITIZENS only (not non-citizens) Parliament CAN pass laws to enforce duties indirectly — protected…

  • NON-JUSTICIABLE — no court can directly enforce or punish breach

  • Apply to CITIZENS only (not non-citizens)

  • Parliament CAN pass laws to enforce duties indirectly — protected from Article 19 challenges (AIIMS Students Union v. AIIMS, 2001)

  • Courts use them to balance rights against responsibilities and interpret ambiguous laws

  • Verma Committee (J.S. Verma, 1999) noted duties have legal dimensions in appropriate contexts

  • Ranganatha Misra Commission (2009) recommended making some duties justiciable — not yet implemented

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