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Fundamental Duties

The document outlines the fundamental duties enshrined in the Indian Constitution, emphasizing their role as reminders for citizens to fulfill their obligations to the country and society. It highlights that these duties, added by the 42nd Amendment in 1976, are non-justiciable and do not carry legal sanctions for violations. Additionally, it distinguishes between moral and civic duties, noting that they are exclusive to Indian citizens and reflect the nation's values and traditions.

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17 views12 pages

Fundamental Duties

The document outlines the fundamental duties enshrined in the Indian Constitution, emphasizing their role as reminders for citizens to fulfill their obligations to the country and society. It highlights that these duties, added by the 42nd Amendment in 1976, are non-justiciable and do not carry legal sanctions for violations. Additionally, it distinguishes between moral and civic duties, noting that they are exclusive to Indian citizens and reflect the nation's values and traditions.

Uploaded by

alexadungdung
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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FUNDAMENTAL DUTIES

INDIAN CONSTITUTION
• The Constitution of a country may be regarded as the fundamental law of
the land, pertaining to the institution of the State and government of that
country: It delineates the powers and responsibilities of the various
instrumentalities of the State, imposes limitations upon them and
regulates the relations between the State and its population. It also
embodies, and even strives to construct, a common national, political and
constitutional identity for the people it covers.
• Indian constitution, one of the utmost admired constitutions in the world
was enacted after ‘ransacking’ all the known constitutions of the world at
that time. This constitution that we have enacted has stood the test of
times. Though provisions were borrowed from other constitutions, the
constitution of India has several salient features that distinguish it from
constitution of other countries.
• A constitution is an important document laying down the fundamental
principles of a country and the country is governed by these principles.
Laws are also formulated according to them . The constitution is regarded
as the fundamental law of a country.
• The constitution has many borrowed features.
The country’s founding fathers were wise enough
to borrow good features from different nations
and mould a constitution that best suits India.
The influences from other constitutions are listed
below.
• UK- PARLIAMENTARY SYSTEM
• US- FUNDAMENTAL RIGHTS
• IRELAND- DIRECTIVE PRINCIPLES OF STATE POLICY
• USSR- FUNDAMENTAL DUTIES
• INDIAN CONSTITUION- The parliamentary form, borrowed from
the British system, is based on the principle of cooperation and
coordination between the legislative and executive.
• Blend of Rigidity and Flexibility
• Constitutions are classified into rigid and flexible.
• A rigid constitution is one that requires a special procedure for its
amendment, for example, the American Constitution.
• A flexible constitution is one that can be amended in the same
manner as ordinary laws are made, for example, the British
Constitution.
• The Indian Constitution is a unique example of a combination of
rigidity and flexibility.
• A constitution may be called rigid or flexible on the basis of its
amending procedure.
• The Indian Constitution provides for three types of amendments
ranging from simple to most difficult procedures depending on the
nature of the amendment.
DUTY
• something that one is expected or required to
do by moral or legal obligation.
• The fundamental duties serve as a reminder to
citizens that while enjoying their rights, they
have also to be quite conscious of duties they
owe to their country, their society and to their
fellow-citizens. However, like the Directive
Principles, the duties are also non-justiciable in
nature.
• There is no provision in the constitution for direct
enforcement of these duties. It means that no
citizen can be punished by a court for violation of
a Fundamental Duty.
DIRECTIVE PRINCIPLES OF STATE POLICY
• Articles 36-51 under Part-IV of the Indian
Constitution deal with Directive Principles of State
Policy (DPSP). They are borrowed from the
Constitution of Ireland.
• They are the principles that aim at providing social
and economic justice and set the path towards the
welfare state.
• Directive Principles of the Indian constitution are
the guidelines to be followed by the Government
while framing policies.
• The fundamental duties were added by the 42nd
Amendment Act of the Constitution in 1976.
• The list of 11 Fundamental Duties are
enumerated under Article 51-A .
• They were first included in the constitution only
through 42nd Constitutional Amendment Act
(1976). These were introduced following the
recommendations of the Swaran Singh
Committee’s recommendations.
• Later, the 86th Constitutional Amendment
provided for giving education to children in age
group (6-14 years) a Fundamental Duty of
parents.
Fundamental Duties are categorized into two – Moral Duty & Civic Duty

– Moral Duty: cherishing noble ideals of freedom struggle


– Civic Duty: respecting the Constitution, National Flag and
National Anthem
• They essentially contain just a codification of tasks
integral to the Indian way of life.
• The Fundamental Duties are confined to Indian citizens
only and do not extend to foreigners, unlike a few
Fundamental Rights.
• They are also non-justiciable similar to the Directive
Principles of State Policy.
• There is no legal sanction against their violation.
The features of Fundamental duties are as follows:

• Both moral and civic duties have been laid down


under the fundamental duties
• Fundamental rights can be applied to foreigners
also but the fundamental duties are only restricted
to the Indians citizens.
• The fundamental duties are not enforceable in
nature. No legal sanction can be enforced by the
government in case of their violation.
• These duties are also related to Hindu traditions or
mythology like paying respect to the country or
promoting the spirit of brotherhood.
ENFORCEABLITY OF FUNDAMENTAL DUTIES

• The fundamental duties are not enforceable by


any court. They are prescribed as a binding value
to the citizens. The citizens must undertake to
abide by the fundamental duties and perform
the duties as a responsibility to enjoy their
fundamental rights.
• THANK YOU

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