FUNDAMENTAL DUTIES UNDER THE

CONSTITUTION OF INDIA:

THEIR ROLE AND IMPORTANCE

Dissertation submitted in part fulfilment for the requirement of the Degree of

LL.M.

Submitted by Supervised by

DEEKSHA SETHI DR. APARNA CHANDRA

34 LLM 18 Assistant Professor

National Law University

Delhi (India)

2019

TO THE GRUMBLER ALL DUTIES ARE DISTASTEFUL; NOTHING

WILL EVER SATISFY HIM, AND HIS WHOLE LIFE IS DOOMED TO

PROVE A FAILURE. LET US WORK ON, DOING AS WE GO

WHATEVER HAPPENS TO BE OUR DUTY, AND BEING EVER

READY TO PUT OUR SHOULDERS TO THE WHEEL. THEN SURELY

SHALL WE SEE THE LIGHT.

SWAMI VIVEKANANDA

i

CONTENTS

Declaration by the candidate (iv)

Supervisor’s certificate (v)

Acknowledgments (vi)

List of Acronyms (vii)

List of Cases (viii-ix)

CHAPTER 1 INTRODUCTION 01-11

1.1 Constitutional Imprimatur

1.2 Clarion Call of Duty

1.2.1Duty of Duties

1.3 Statement of Problem

1.4 Literature Review

1.5 Research Methodology

CHAPTER 2 FUNDAMENTAL DUTIES 12-24

2.1 Scope of Duties (Article 51-A)

2.1.1 To respect the Constitution, the Flag and

the Anthem.

2.1.2 To cherish the Ideals of Freedom Struggle.

2.1.3 To uphold Sovereignty, Unity and Integrity

of India.

2.1.4 To Defend the Country and Render National

Service.

2.1.5 To promote Harmony and spirit of common

brotherhood.

2.1.6 To value and preserve the rich heritage of

our composite culture.

2.1.7 To protect and improve natural environment.

2.1.8 To develop scientific temper, humanism, etc.

2.1.9 To safeguard public property and abjure

violence.

2.1.10 To strive for excellence.

2.1.11 To educate the children.

ii

2.2 Transitional Perspective of Duties

2.2.1 Deemed extensional notion

2.3 The Implicit Made Explicit

CHAPTER 3 JUDICIAL RESPONSE TO FUNDAMENTAL

DUTIES 25-39

3.1 Enforceability of Fundamental Duties

3.1.1 Enforceability v. Locus Standi.

3.1.2 Individualisation of duties.

3.1.3 Dynamic approach to fundamental

duties.

3.2 Judicial Trend vis-à-vis Fundamental Duties

CHAPTER 4 FACTORS EFFECTING/ RETARDING

PERFORMANCE OF DUTIES 40-46

4.1 Poverty.

4.2 Indiscipline.

4.3 Lack of education.

4.4 Population explosion.

4.5 Corruption.

4.6 Indifferent attitude.

4.7 Separatist tendencies.

4.8 Lack of work culture.

CHAPTER 5 RELATIONSHIP BETWEEN FUNDAMENTAL

RIGHTS, DIRECTIVE PRINCIPLES OF STATE

POLICY AND FUNDAMENTAL DUTIES 47-52

5.1 Favourable Duty-Judicial Choice

CHAPTER 6 IMPORATANCE OF DUTIES IN

CONTEMPORARY SET UP 53-60

6.1 The apprehension.

6.1.1 Relevance in the contemporary world.

6.1.2 Role of law as a solution.

6.2 Conclusion

6.2.1 Need for fundamental duties.

iii

6.2.2 Non-enforcement of fundamental duties.

6.2.3 Non-enforcement of directive

principles of state policy.

6.2.4 Dynamism in evolution.

6.3.5 Need for extension of dynamism.

6.2.6 Citizens’ dynamism.

6.2.7 Essence of duty.

BIBLIOGRAPHY 61-65

Books

Articles

Websites

Statutes

iv

DECLARATION BY THE CANDIDATE

I hereby declare that the dissertation entitled “Fundamental Duties under the Constitution

of India: Their Role and Importance” submitted at is the outcome of my own work carried

out under the supervision of Dr. Aparna Chandra, Assistant Professor, National Law

University, Delhi.

I further declare that to the best of my knowledge the dissertation does not contain any part of

work, which has not been submitted for the award of any degree either in this University or

any other institutions without proper citation.

Place: (Deeksha Sethi, Roll No. 34 LLM 18)

Date: National Law University, Delhi

v

CERTIFICATE OF SUPERVISOR

This is to certify that the work reported in the LL.M dissertation entitled “Fundamental

Duties under the Constitution of India: Their Role and

Importance” submitted by Deeksha Sethi at National Law University, Delhi

is a bona fide record of her original work carried out under my supervision.

Place: Dr. Aparna Chandra

Date: Assistant Professor

National Law University, Delhi

vi

ACKNOWLEDGMENTS

I acknowledge my sincere thanks and gratitude to all those who have helped and advised me

in completion of the present dissertation.

I will be failing in my duty if I do not acknowledge my special thanks and gratitude to my

esteemed supervisor, Dr. Aparna Chandra, Assistant Professor, National Law University,

Delhi but for whose masterly, scholarly and expert guidance, in addition to her inspiration

and encouragement, the work would not have acquired this shape. She was always there to

render her advice, guidance and help, smilingly and willingly, whenever I needed it the most.

I also extend my gratitude to my parents and sister for the support which they have extended

to me and have helped me considerably in completion of this work.

(Deeksha Sethi)

Pursuing LL.M.

National Law University, Delhi

Roll No.: 34 LLM 18

vii

LIST OF ACRONYMS

1. A.I.R. All India Reporter

2. A.P. Andhra Pradesh

3. Adj. Adjudication

4. All. Allahabad

5. Art. Article

6. Brown J. World Aff. Brown Journal of World Affairs

7. Cal. Calcutta

8. Chapt. Chapter

9. Cri.L.J. Criminal Law Journal

10. e.g. Exempli Gratia (Latin) - For example

11. ed. Edition

12. etc. Et Cetera (Latin) – And the rest

13. H.C. High Court

14. i.e. Id est (Latin)

15. Ibid or Id Ibdem (Latin) – In the same place

16. J Justice

17. JJ Justices

18. Kart. Karnataka

19. N.O.C. Notes of Cases

20. Pat. Patna

21. P Page

22. PP Pages

23. Raj. Rajasthan

24. S or Sec. Section

25. SC Supreme Court

26. SCC Supreme Court Cases

27. Supra (Latin) Above

28. U.P. Uttar Pradesh

29. Viz. Videlicet (Latin) - In other words

30. Vol. Volume

viii

TABLE OF CASES

1. Balaji Raghvan v. Union of India, AIR 1996 SC 770.

2. Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802.

3. Bijoy Emmanuel & Ors. v. State of Kerela & Ors., AIR 1987 SC 748.

4. Binay Kumar Mishra v. State of Bihar & Ors., AIR 2001 Pat. 148.

5. Chameli Singh & Ors. v. State of U.P., AIR 1996 SC 1051.

6. Dr. Dascraths v. State of Andhra Pradesh, AIR 1985 AP 136.

7. Grahaka Jagriti (a registered society), Bangalore v. State of Karnataka & Ors., AIR

1985 NOC 128 (Kant).

8. Hussainara Khatoon v. Home Secretary, State of Bihar, AIR 1980 SC 1819.

9. K.R.K. Vara Prashad v. Union of India, AIR 1980 AP 243.

10. L.K. Koolwal v. State of Rajasthan, AIR 1988 Raj. 2.

11. Maneka Gandhi v. Union of India, AIR 1987 SC 597.

12. M/s Abhilesh Textiles & Ors. v. The Rajkot Municipal Corporation, AIR 1988 Guj.

57.

13. M. Lakshminarayana Reddy v. Union of India, 1988 CrLJ 760.

14. M.C. Mehta v. Kamal Nath & Ors., AIR 2000 SC 1997.

15. M.C. Mehta (II) v. Union of India & Ors., AIR 1988 SC 1115.

16. M.C. Mehta v. Union of India & Ors., AIR 1992 SC 382.

17. M.C. Mehta v. Union of India, AIR 1988 SC 1037.

18. Mohini Jain v. State of Karnataka, AIR 1992 SC 1858.

19. Olega Tellis & Ors. v. Bombay Municipal Corporation & Ors., AIR 1986 SC 180.

20. Rajeev Mankotia v. Secretary to the President of India & Ors., 1997(10) SCC 441.

21. Rural Litigation and Entitlement Kendra & Ors. v. State of Uttar Pradesh & Ors., AIR

1987 SC 359

22. Ramasharan Autyanuprasi & Anr. v. Union of India & Ors., AIR 1989 SC 549.

23. Ram Prashad v. State of Uttar Pradesh, AIR 1988 All 309.

ix

24. Surya Narain Chaudhary v. Union of India, AIR 1982 Raj. 1

25. State of Rajasthan v. Pemaram & Ors., 1989 CriLJ 1071.

26. Sheela Varshney v. Union of India, 1986 (3) SCC 632.

27. Sunil Batra v. Delhi Administration, AIR 1980 SC 1979.

28. The Claridges Carbett Hideaway, Zero Garjia & Anr. v. State of UP & Ors. AIR 1999

All 382.

29. Vijay Mehta v. State of Rajasthan, AIR 1980 Raj. 207.

30. Vishakha & Ors. v. State of Rajasthan, 1997(6) SCC 241.

31. West Bengal Head Masters’ Association & Anr. v. Union of India, AIR 1983 Cal.

448.

1

CHAPTER 1

INTRODUCTION

2

“THE ONLY RIGHT WHICH A MAN CAN POSSESS IS THE RIGHT ALWAYS TO DO HIS DUTY.”

- Leon Duguit.

CHAPTER 1

INTRODUCTION

When we talk of Fundamental duties as envisaged in Article 51-A, in fact we talk about out

ancient culture which was duty based1. That was perhaps the reason that famers of our

Constitution had not referred to these duties in the Constitution. It was always thought and

expected that the citizens of this great country where the compassion, discipline, hard work,

honesty, integrity, love, peace, patriotism, sincerity and tolerance was the way of life, need

not be told about their duties. It is very depressing indeed that in the land where freedom

fighters laid down their lives, suffered torture, humiliation and long incarceration, the

legislators had to introduce fundamental duties if the citizens in the form or Article 51-A in

part IV-A of the Constitution by 42nd

Amendment in 1976.

Thus, introduction of fundamental duties in the Constitution is not something to be proud of.

It rather shows that how our citizens were neglecting their duties and they had to be reminded

about the same by the legislators. It presents a dismal picture of the standards of values and

morality of our citizens.

To my mind it is very difficult to introduce a subject which everybody professes to know but

a few practice in their actual life. It is extremely difficult to comprehend as to why the

citizens of India have forgotten the very culture of their own which is duty based. When one

refers to fundamental duties these are such that there can be no opinion about the fact that

these are must for the survival of our nation. These are also required if we want our country

to progress and to compete with other developed nations of the world. It is strange that our

citizens know all these tenets but still they have failed in the performance of their

fundamental duties.

1 Elizabeth Williams, Asian Culture, 12 BROWN J. WORLD AFF. 211, 209-224 (2005).

3

1.1 Constitutional Imprimatur

Framers of our Constitution had levied a heavy responsibility on the State to guarantee rights

and create proper conditions for their enjoyment by the citizens. To balance these obligations

of the State towards citizens, certain obligations of citizens towards their country have now

been made explicit in the Constitution as Fundamental Duties.2 Article 51 A of the

Constitution of India defines fundamental duties and these are given in detail in clause (a) to

(k).3 These duties include respect of the Constitution, to cherish the noble ideals of national

struggle for freedom, to protect the sovereignty and integrity of India, to defend the country,

to promote harmony and spirit of common brotherhood and to value and preserve the rich

heritage of our culture, to protect and improve the natural environment, to develop the

scientific temper and spirit of enquiry, to safeguard public property, to strive for excellence

and to provide opportunities of education to one’s children4. All these duties may be called

ten commandants of our Constitution.

In fact, all the fundamental duties are so comprehensive that if they are observed by the

citizens, there will hardly be any need to resort to Part III and IV of the Constitution of India

relating to the fundamental rights and directive principles of state policy. The reason for the

same is very simple as performance of duties by the citizens will automatically result in such

an orderly administration that there will be no breach of fundamental rights and on the other

hand directive principles of the state policy will be realized effortlessly. Much of the

Constitutional mandate and the goal of our freedom fighters will be fulfilled by the only

adhering to Article 51-A.

In the humble opinion of researcher, the observance of Part IV-A will eventually result in

effacing Part III and IV of the Constitution of India and will give rise to a State where there

will be peace, harmony, happiness and feeling of brotherhood. Where there will be no

infighting between the members of different communities and faith. Where the people will be

able to realise their potential and will have sufficient time not only to enquire into the

problems of this material world but to unravel the mystery of the other world which is said to

be beyond the body and the mind.

2 P.N. MALHAN, CRADLES OF CONSTRUCTIVE CITIZENSHIP IN CITIZENSHIP VALUES IN INDIA

33 (1990). 3 Ind. Const. art. 51-A..

4 Ibid.

4

1.2 Clarion Call of the Duty

There cannot be two opinions about the fact that these fundamental duties are desperately

required at this juncture when the values and eroded and our country is riddled with the

problem of communal disharmony, poverty and corruption. In India, the need to emphasise

this aspect was never as necessary as today for our system now stands vitiated by all the

seven sins5 which Mahatma Gandhi foresaw. Thus, if the citizens of this country do not wake

up at this juncture, the day is not very far when this great land of ours will once again be

subject of some foreign rule.

When we see the time of our national struggle for freedom, we find that there was something

in the character of the people of those times which them larger than an ordinary human

being6. They had sacrificed everything for the welfare of this nation. However, something

happened that when we attained our freedom, and our ideals were slowly lost. The values had

gone astray and degeneration had set in at fast pace. The corruption has entered into the veins

and arteries of our society and is ruining our country. The feeling of selfishness has once

again put us in such a state that life and liberty of the subjects is in jeopardy7. The

degradation of women has reached such a level that we had to enact laws to save them from

exploitation both at place of work as well a residence. However, all these laws, whether it is

Dowry Prohibition Act, 19618, Indecent Representation of Women (Prohibition) Act 1986

9,

The Immoral Traffic (Prevention) Act, 195610

or any other law is concerned, they have failed

to bring about the desired results. Thus, it is clear that we have to go beyond laws to find out

the solution to our problems.

The solution, thus, does not lie in the laws but in the citizens themselves and it has to come

from their heart only and by change in their attitude, belief, thinking and the way of life. Even

the penal enactments or deterrent punishments have failed to reform the offenders. Thus,

5 Stephen R. Covey, PRINCIPLE CENTERED LEADERSHIP 87-93 (1989). The seven sins being namely, (i)

Politics without Principles, (ii)Wealth without Work, (iii) Commerce without Morality, (iv) Education without

Character, (v) Science without Humanity, (vi) Worship without Sacrifice and (vii) Pleasure without Conscience. 6 Hugh Tinker, Granville Austin: The Indian constitution: cornerstone of a nation 390 OUP 261, 250-279

(1967). 7 The Constitution (Forty-Second Amendment) Act, 1976 available at:

https://www.constitution.org/cons/india/tamnd42.htm (last visited on May 20, 2019 at 11:50PM). 8 Dowry Prohibition Act, 1961 (Act 28 of 1961).

9 Indecent Representation of Women (Prohibition) Act 1986 (Act 60 of 1986).

10 The Immoral Traffic (Prevention) Act, 1956 (Act 104 of 1956).

5

what we want today are the men who have the quality of not only mind but heard and only

then can we bring about the required transformation.

Thus, the need of the hour is the realisation of the importance of fundamental duties and its

performance by the citizens. But we need not be contended with the performance of duties

alone as this is not going to take us very far, what we need is the performance of duty with

morality. The performance of duties without values or morality will be just like an

environment without sunshine or like a body without soul. It will only give rise to negative

conduct, e.g., a morally degraded man who performs his duty well but only when he is

bribed.

1.2.1 Duty of Duties

Then the question is how the duties have to be performed? The answer lies in our culture and

that is, ‘the duty is to be performed not only for the sake of the duty but with a feeling that it

is a sacred entrustment by almighty and for breach of the same, the individual is answerable

to his own conscience’. When such concept of duty is engrained in the minds of people, the

country is bound to progress.

There are number of factors which retard the progress of duties. These are lack of values,

education, poverty and corruption and require to be tackled on war footing. For this, social

attitudes of the people have to be changed. The parents, teachers, civil servants, professional

and those who are engaged in administration of justice have to act as role models so that the

people may learn and imbibe the concept of duty from them.

It is a tremendous task to be taken up by the people themselves. The fundamental duties

provided in the constitution are not enforceable by law11

but they are to be made enforceable

by the citizens themselves. An onerous responsibility is, thus, cast upon the citizens and they

can either make or mar the destiny of this country. As the citizen is going to be answerable to

his own conscience, his inner sense should be developed to such an extent that he may

himself perform the duty without fear of any sanction or reminder.

11

Fundamental Duties under the Indian Constitution By Krishnendra Joshi available at:

https://blog.ipleaders.in/fundamental-duties/ (last visited on May 20, 2019 at 09:20PM).

6

When we perform the duty in the above manner, only then shall we be able to fulfil the goal

laid down by our Constitution, given to us by our own people, and be able to provide justice,

social, economic and political to all its citizens12

.

Later in time, Mahatma Gandhi has also laid great emphasis on performance of duty alone

and has stated that –

“The true source of right is duty and if we all discharge our duty, right will

not be far to seek. If leaving duty unperformed, we run after rights, they will

escape us like Will-o-the-wisp. The more we pursue them, the farther they

will fly.”13

Our Constitution had no specific Article relating to fundamental duties till 42nd

Amendment.

There may be several reasons for it and the most appropriate amongst them seems to be that

when the constitution was being drafter, the accent was on rights because Indians were

fighting for their rights against colonial oppressions and were, thus, anxious to safeguard

them. The duties were taken for granted because all those who had fought for freedom were

certainly having that level of maturity that they observed and performed their duties without

being any reminder from any source whatsoever. It was perhaps thought that it was the duty

of an Indian to perform his duties selflessly and there was no need for the state to advise him

regarding the same14

. In fact, when we see the history of freedom struggle, we see that service

before self was the motto of our patriots. They suffered humiliation, incarceration and

sacrificed their lives in performance of their duties. The whole culture of freedom struggle is

thus, of duties only and not rights. It was always thought that if one performs his duty, the

rights will obviously follow. In fact, many of the freedom fighters could not even see the

dawn of freedom but laid down their lives while performing their duties.

It is a well settled principle that duties and rights must go together. All the rights get their

justification from the duties. Duties are not something to be talked about by great leaders,

patriots or learned people but are something which should be a part of life of normal citizen of

India also.

12

Ind. Const. preamble. 13

P.K. Thakur, A Vision of Values, 20 CDS 27, 23-48 (1999). 14

Swaran Singh committee recommends new chapter on fundamental duties in the Constitution INDIA TODAY

issued on 15.07.1976 available at: https://www.indiatoday.in/magazine/indiascope/story/19760715-swaran-

singh-committee-recommends-new-chapter-on-fundamental-duties-in-the-constitution-819235-2015-04-09 (last

visited on May 16, 2019 at 07:45PM).

7

However, after the operation of the Constitution for nearly four decades, it was thought that it

was necessary to make the people aware of their duties towards the nation. In February 1976,

the Swaran Singh Committee was instituted for proposing constitutional reforms. In its report,

published in May 1976, this Committee recommended, the incorporation, of a list of

fundamental duties of the people of India15

. Accepting the recommendation of this

Committee, the Parliament passed the 42nd Amendment (1976) and by it introduced a new

part. Part IVA, in the Constitution. Article 51A was added to the Constitution and it described

Fundamental Duties of the people of India. Keeping in mind this concept, fundamental duties

were included in the Constitution by 42nd

Amendment by way of Article 51-A in Chapter IV-

A, which originally comprised of 10 clauses. One more clause was incorporated by 86th

Amendment Act of 2001.

Basically the duties as given in Article 51-A are in the nature of generalities like expecting the

citizens to be patriotic and to adopt a code of conduct that would make the nation stronger,

guard its sovereignty and integrity, aid the State in executing its varied duties and endorse

ideas of harmony, unity, common brotherhood, religious tolerance, fair treatment to

minorities, etc.. In fact, it enumerates the ideals that are the basis of the Indian Constitution.16

Perusal of Article 51-A, thus, reveal that these are designed to promote national unity and

integration. They are fine sentiments. The idea behind incorporation of this part is that every

citizen should know the duty he owes to the country and is conscious about it. The duties are,

therefore, expected to generate forces of national and patriotic nature.17

1.3 Statement of Problem

The Swaran Singh Committee gave its report in 1976 when India was politically unstable.

The basic idea behind incorporating the duties was to involve the citizens in day to day

activities of the government so that they do not feel aloof in a democratic State like India,

thereby creating an atmosphere of collective responsibility. The report also aimed to check

the growth of anti-social elements by making these duties enforceable. However, the

Committee at the same time was conscious of the fact that it is a two edged weapon and an

over-zealous interpretation to these duties can result in negative repercussions and that even

15

Supra note 14. 16

D.N. SAXENA BASIC ISSUES & TASKS IN CITIZENSHIP DEVELOPMENT AND FUNDAMENTAL

DUTIES 88-92 (1988). 17

Shymal Kumar Mukherjee Impact of Fundamental Duties on National Integration 4 AIR 142-143 (1992).

8

the courts should be cautious of the fact that aim of introducing these duties was to serve as a

reminder to citizens that every right he exercises, it has to be balanced by a duty which he has

to fulfil.18

The rationale behind introducing the 42nd

amendment was that the Constitution is a living

document that evolves with the society. Considering the erosion of culture and ethics at that

time, the parliamentarians thought it best to introduce Part IV-A to spell out explicitly the

implicit characteristics of our Constitution19

. According to them, incorporating these duties

would be helpful in removing the difficulties that create hindrance in social-economic

revolution of removing poverty, diseases and inequality of opportunity.

Although, the judiciary restrained itself from enforcing these duties initially but the recent

trend in judicial decision shows that judiciary is actively enforcing these duties. On analysing

the case laws of the Supreme Court and different High Courts, it can be seen that the

interpretations so made are not in line with the main purpose with which these duties were

introduced, i.e., to deal with the anti-national activities in the nation. Rather, judiciary is

stepping forward to enforce these duties in a manner that it ends up curtailing the

Fundamental Rights of other citizens.

Although the Supreme Court and various High Courts are fully alive and aware about the

importance of fundamental duties, it is observed that increased interference of the Court and

increased level of activism may also serve to be harmful for the nation as it might lead to a

number of unintended consequences because of the non-representative character of the

judiciary. Therefore, Courts need to have a balanced approach while dealing with the matters

entailing the aspects of fundamental duties.

The study is divided into six parts. The first chapter consists of introduction and talks about

the importance of Fundamental Duties and the rationale behind them. It also discusses the

research problem, literature review and research methodology. The second chapter

contemplates the scope of Fundamental Duties. The third chapter analyses the judicial trend

of interpreting the duties. This has been discussed with the help of case laws of Supreme

Court and various High Courts. The fourth chapter discusses the factors that retard the

performance of these duties. The fifth chapter contemplates the relationship between Part III,

18

Supra note 11. 19

Supra note 6 para 3.

9

Part IV and Part IV-A of the Constitution of India. The conclusion of the study is presented in

the sixth chapter.

1.4 Literature Review

Article 51-A of the Constitution of India has been inserted by Constitution (42nd

Amendment)

Act, 1976 in agreement with the recommendation of the Swaran Singh Committee. The

Committee had also recommended penal consequences for non-adherence of duties by the

citizens. However, later on the said recommendation was dropped. It was rightly so dropped

because these duties are provided in general terms and were meant to promote values and to

cultivate a certain kind of temperament. Non-observance of which as such does not give rise

to any offence.20

However, the enforceability aspect of these duties remains to be open to

interpretation for the reason that there is no explicit article like Article 37 that makes these

duties unenforceable nor is there any express provision that enforces these duties.

The fundamental duties are invariably found in the socialistic constitution.21

But they are also

found in the non-socialistic constitutions. To some extent their inclusion in the constitution

may also be associated with cultural traditions of a society. Thus the Asian and African

societies give greater emphasis to duties than the western societies.22

Reference to duties,

however, finds place even in international instruments such as the Universal Declaration of

Human Rights and International Covenant on Civil and Political Rights.23

Similarly, the

constitution of many other countries has enumerated many duties of the citizens. For

instance, Article 17 of the Constitution of Morocco of December 1962, Article 48(1) of the

Constitution of Somalia of July 1960, Article 16 of the Constitution of Tunisia of June 1959,

Article 44 of the Constitution of UAR of March 1964, Article 102 of the Constitution of

People’s Republic of China of September 1954, Article 48 of the Constitution of State of

Kuwait of November 1962 emphasize duties of citizens, in particular the duty to pay taxes

and to contribute to the public exchequer according to his capacity.24

20

D.N. SAXENA CITIZENSHIP DEVELOPMENT AND FUNDAMENTAL DUTIES (12th ed. 1988).

21 China Const., ch. 11; Sri Lanka Const., ch.. VI.

22 W.D.O’FLAHERTY AND J.D.M. DERRETT, THE CONCEPT OF DUTY IN SOUTH ASIA (1978).

23 Universal Declaration of Human Rights, art. 29 & International Covenant on Civil and Political Rights,

preamble. 24

G. THIMMAIAH, BEHAVIOURAL AND ATTITUDINAL NORMS OF CITIZENS IN CITIZENSHIP

DEVELOPMENT AND FUNDAMENTAL DUTIES (1988).

10

Addition of duties in the constitution was not required because they could be enforced by the

State in the absence of or consistently with the fundamental rights. Their insertion, however,

prompts that the constitution presents a cohesive scheme of which the constitutional rights

are only a part. The scheme must be so seen as one. The Constitution and its scheme envisage

responsible citizens. In that sense the fundamental duties accomplish an educative function.

They also have legal worth meaning that any laws which implement fundamental duties

cannot be void on the ground of inconsistency with the fundamental rights unless such

conflict cannot be resolved. The rights must be in harmony with the duties. The reconciliation

may not exactly be of the kind as between the fundamental rights and the directive principles

because they constitute a scheme of rights. The reconciliation will, however, be on similar

lines.25

The Chapter on Fundamental Duties in the Constitution of India was earlier called as

‘ten commandments’.26

However, one more clause has been added by 86th

Constitutional

Amendment Act. There are different kinds of duties prescribed in Chapter IV-A. One set

talks about the obligation of a citizen towards the State. Another one refers to codes of social

behaviour and a third one exhorts the citizens to adopt a scientific temper and achieve

excellence so that the community as a whole benefits from the economic and social

development.27

Out of the eleven clauses of Article 51-A, the clauses (a), (c), (d) and (i)

referred to duties of political and patriotic character like citizens are expected to abide by the

Constitution and its ideals of political and patriotic character like citizens are expected to

abide by the Constitution and its ideals and to respect its institutions, the national flag and the

national anthem and to safeguard the public property and to abjure violence. Clauses (h) and

(g) refer to duties of development of character. Citizens are expected to develop scientific

temper and spirit of humanism, enquiry and reform and to strive for excellence in all spheres

of activities. Another clause (g) refers to the need for protecting and improving ecology and

natural environment and urges upon citizens to have compassion for living creatures. The

remaining clauses, i.e., (b), (e) and (f) refer to certain behavioural norms to be pursued by

citizens. They are expected to follow and cherish the ideals that freedom fighters did follow

in the independence struggle and to promote harmony and spirit of brotherhood, transcending

narrow religious, linguistic, regional or sectoral diversities. Citizens are also reminded to

25

V.N. SHUKLA, CONSTITUTION OF INDIA 314, 315 (10 ed. 2008). 26

K.V. VISHWANATHAN, FUNDAMENTAL DUTIES OF CITIZENSHIP & ADMINISTRATION OF

JUSTICE IN THE CITIZENSHIP AND JUDICIAL REFORMS 130 (2000). 27

JUSTICE E.S. VENKATARAMIAH, CITIZEN’S ROLE IN A DEMOCRATIC SOCIETY IN

CITIZENSHIP DEVELOPMENT AND FUNDAMENTAL DUTIES 32 (1988).

11

preserve the rich heritage of India’s composite culture and to renounce practice derogatory to

the dignity of woman. Clause (k) refers to role of parents in educating their children. Let me

now discuss the eleven tenets of Article 51-A to find out as to what is expected from the

citizens.28

1.5 Research Methodology

Doctrinal research method has been used to study whether the fundamental duties as stated in

the Indian Constitution are being interpreted by the Judiciary in the same spirit with which

they were introduced. The study is an exploratory analysis, primarily qualitative in nature.

An intensive study of the existing literature was conducted. Various case laws articles, books,

committee reports and Acts spanning the last 45 years were studied and analysed to

thoroughly study the intricacy of Fundamental Duties. The case laws incorporated in the

dissertation are those which intricately deal with the dimension of Fundamental Duties and

which reflect that most of the matters in courts are being decided without understanding the

rationale of these duties. A little bit of historical literature was also studied to understand the

origin and concept of Fundamental Duties.

To collect the data, document analysis29,30

method was used. Herein, all the existing

documents pertaining to the study are analysed in depth. Thereafter, deductive reasoning

method was used to study the extant literature and frame the arguments and analysis.

28

Ind. Const. art. 51-A. 29

GREEN, J. & THOROGOOD, N. QUALITATIVE METHODS FOR HEALTH RESEARCH. 75 (3rd

ed.

2010). 30

PRIOR, L. USING DOCUMENTS IN SOCIAL RESEARCH 124 (2003).

12

CHAPTER 2

FUNDAMENTAL DUTIES

13

“INDIA’S NATIONAL IDEALS ARE – GIVING UP AND SERVICE.” - Swami Vivekananda

CHAPTER 2

FUNDAMENTAL DUTIES

2.1 Scope of Duties

Article 51-A enumerates eleven fundamental duties of a citizen.

2.1.1 To respect the Constitution, the Flag and the Anthem1:

The primary duty assigned to every citizen of India is to abide by the Constitution and

to revere its ideals and institutions, the National Flag and Anthem. All of us should

preserve the dignity of Constitution by not doing any activity that defies the letter or

spirit of the Constitution. Ours is a massive country with numerous languages,

subcultures and religious and ethnic diversities, but the unity of the country is

embodied in one Constitution, one Flag, one People and one Citizenship.2

The above clause also came up for consideration before Supreme Court in Bijoe

Emmanuel and others v State of Kerala & Ors.3 known as ‘National Anthem Case’.

The Supreme Court observed that Constitution directs a duty on every citizen to stand

by the Constitution and revere its ideals and institutions, the National Flag and the

National Anthem.

Thus is our duty to show respect to this concept of unity and diversity. If we do not

show respect to these, it is difficult to perceive that we have any respect for the ideals,

concepts and values.

1 Ind. Const. art. 51-A(a).

2 SUBHASH C KASHYAP, CITIZENS AND THE CONSTITUTION 269 (2002).

3 Bijoe Emmanuel & Ors. v. State of Kerala (11.08.1986 – SC).

14

2.1.2 To cherish the ideals of the freedom struggle4:

The clause provides that citizens of India must cherish and follow the noble ideals

which inspired the national struggle for freedom5. Everyone is aware about the

sacrifices made by our freedom fighters and their fight for their principles, beliefs and

ideals and who only had one aim in sight, i.e., how to attain freedom. A freedom not

only in physical sense that everyone gets his due share but there is justice in every

sphere of life, be it social, economic or political and people stand united by bond of

love and feeling of brotherhood. Service before self was the motto of our soldiers of

freedom struggle. So many of them knew what they are doing is going to bring

disaster in their settled life. The British will not only ruin their life but also the lives of

their family members. The history tells us that a number of freedom fighters were

well settled in a comfortable life and there was no need for them to invite the wrath of

Englishmen. But they did what was expected from an Indian – to sacrifice one’s life

for the country. The ideals of our freedom fighters can be best summed up in the

words of Netaji Subhash Chandra Bose:

“In this mortal world, everything perishes and will perish – but ideas,

ideals, dreams do not. One individual may die for an ideal but that ideal

will, after his death, incarnate itself in a thousand lives. That is how the

wheels of evolution move on and the ideas, ideals and dreams of one

generation are bequeathed to the next. No idea has ever fulfilled itself in

this world except through the ordeal of suffering and sacrifice.

What greater solace can there be than the feeling that one has lived and

died for a principle? What higher satisfaction can a man possess than

the knowledge that his spirit will beget kindred spirits to carry on

unfinished task? What better reward can a soul desire than the certainty

that his message will be wafted over the hills and dales and over the

broad plans to every corner of his land and across the seas to distant

lands? What higher consummation can life attain than peaceful self-

immolation at the altar of one’s cause?

4 Ind. Const. art. 51-A(b).

5 Ibid.

15

This is the technique of the soul. The individual must die so that the

nation may live. Today, I must die so that India may live and may win

freedom and glory.”6

The above words of Netaji sum up the spirit of sacrifice of our freedom fighters. If we,

the citizens of India cherish, nourish and follow even a fraction of these ideals, there

can be no two opinions that our country will rise to the highest level of achievement.

2.1.3 To uphold sovereignty, unity and integrity of India7:

To safeguard the sovereignty, unity and integrity of India is the obligation of all

Indian citizens. In any democracy, the responsibility of sovereignty rests with the

people. It is the paramount obligation of every citizen to protect his country. If the

freedom and unity of the country are jeopardized, the nation ceases to exist.8 The

importance of this clause can be realized from the fact that the ideals of sovereignty,

unity and integrity of the nation are stated in the beginning of the preamble to the

Constitution.

2.1.4 To defend the country and render National service9:

This clause is self-explanatory and does not require any elaboration. It is no doubt the

duty of every citizen to render national service as and when called upon to do so10

. In

fact, even today one finds number of noble persons rendering their services free of

cost, without any call from the state but on the call of their own conscience.

Similar clause is also found in Article 23(2) where the state has been empowered to

impose compulsory service for public purposes without making any discrimination on

grounds only of religion, race, caste or class or any of them.11

6 REVA CHATTERJEE, NETAJI SUBHAS BOSE: BENGAL REVOLUTION AND INDEPENDENCE 130

(2000). 7 Ind. Const. art. 51-A(c).

8 Supra note 10 at 28.

9 Ind. Const. art. 51-A(d).

10 Ibid.

11 Ind. Const. art. 23.

16

2.1.5 To promote harmony and spirit of common brotherhood12

:

To foster harmony and spirit of common brotherhood amongst all the people of India

is all the more essential in the present scenario where disharmony and discard is

weakening our country. The concept of brotherhood is not new to Indian way of life.

Widest meaning was assigned to it by our sages when they had proclaimed that whole

of the world is our extended family. The Indian sages and philosophers had also

strong feeling of brotherhood and welfare of all the people of the world and not

necessarily residing in India and it is reflected in their prayer ‘loka samastha sukhino

bhavantu’ i.e., let entire humanity be happy.

The Rigveda has also exhorted the man to live in harmony and cooperation with each

other. The following words sum up the above spirit.

‘Let there be oneness in your resolutions, hearts and minds. Let the strength

to lie with mutual cooperation be firm in you all.’13

The above clause was also referred to and relied upon by Andhra Pradesh High Court

in M. Laxminarain Reddy v. Union of India14

while discussing the Constitutional

Mandate to forbid untouchability in any form. The Supreme Court had also reminded

the citizens to work for integration, unity and fraternity which are their fundamental

duties in case of Rajiv Mankotia v. Secretary to the President of India & Ors.15

Article 51-A(e) further reminds us of our duty to renounce practice derogatory to the

dignity of women16

. In ancient India, women had independence, status and leading in

our society. Manu’s Smriti decrees that the utmost deference and regard should be

given to them throughout their life. The relevant verse is:

12

Ind. Const. art. 51-A(e). 13

Rigveda – Mandala – 5, Sukta-60, Mantra-5. 14

M. Laxminarain Reddy v. Union of India (04.12.1986 – APHC). 15

Rajiv Mankotia v. Secretary to the President of India (27.03.1997 – SC). 16

Supra note 12.

17

‘In a house where women are honoured there Gods are pleased. But when

they are not honoured and are insulted, nothing done in house yield good

results.’17

However, slowly we find their position started deteriorating and they were subjected

to the most intense and repugnant forms of exploitation for centuries and have, thus

remained socially, economically and educationally backward. The freedom struggle

under the leadership of Mahatma Gandhi, championed the cause of emancipation of

women and encouraged them to actively participate in the struggle.

When India attained independence, the status of women was less than satisfactory. To

enable women realise their full potential and play their part as equals of men, several ‘

Women specific’ constitutional provisions were made, the constitution ensures

equality before law and prohibits discrimination on the basis of sex in the enjoyment

of fundamental rights. Renouncing the practices derogatory to the dignity of women is

significant fundamental duty.18

Both men and women have to fight against the social

and economic exploitation of women as it is a human cause and not simply a

women’s concern. The Supreme Court had also echoed the same sentiments in their

judgment in Vishakha v. State of Rajasthan19

and enlisted the guidelines for

protection of women at work places.

2.1.6 To value and preserve the rich heritage of our composite culture20

:

Another fundamental duty of all citizens is to conserve the rich and noble heritage.

We must hold valuable and dear what our ancestors have shaped and their following

generations bestowed upon us as symbols of their creative brilliance and

accomplishments.

Ours is one of the earliest civilizations of the world. Our involvement in the arena of

art, sculpture, architecture, mathematics, science, medicine, etc. is well recognized.

17

Manu Smriti, Chapter III, verse 57. 18

ATMA RAM AND J.N. SHARMA, DEMOCRACY AND CITIZENSHIP 42 (1991). 19

Vishakha v. State of Rjasthan (13.08.1997 – SC). 20

Ind. Const. art. 51-A(f).

18

Some of the ancient, profound and most inspiring philosophical thought and literature

evolved in India. We have numerous ancient memorials of prodigious historical value

in our country.21

2.1.7 To protect and improve natural environment22

:

It is the duty of every citizen to protect and improve natural environment including

forests, lakes, rivers and wild life23

. These elements of nature give us air, food and

medicine for our sustenance. Environmental preservation is national as well as

international concern today; the ecological disequilibrium is threatening the whole

mankind. The consequences are horrendous. Technology has jeopardized the balance

relationship between man and his environment.

The job of confronting these dangers falls largely on citizens. We as citizens have to

learn that all types of life have unavoidable interdependence and they interact with

one another. Man survives by consuming plants and animals as food. All animals in

the same way, directly or indirectly depend on the plants. Their inter-relationship is

the ecological balance. Any disturbance in this balance leads to serious consequences.

For example, disappearance of some species results in deficiency of some important

food constituents of animal diet which, in turn causes epidemic. It is, therefore, our

duty to conserve animal life and natural resources like water and air. We should not

use them indiscriminately. We should also take extra care that our actions do not

pollute the air and water24

.

Judgments of various High Courts and Supreme Court have also stressed upon

protection of environment and directed the appropriate Government to check

indiscriminate exploitation of natural resources25

.

21

Supra note 4 at 272. 22

Ind. Const. art. 51-A(g). 23

Ibid. 24

Id at 77. 25

Rural Litigation & Entitlement Kendra v State of UP (12.03.1985 – SC); Abhilesh Textiles v Rajkot

Municipal. Corporation (05.08.1987 – GUJHC); The Claridges Corbette Hideaway, Zero Garjia & Anr v. State

of UP (09.03.1999 – ALLHC); M.C. Mehta v Kamal Nath & Ors., (13.12.1996 – SC).

19

2.1.8 To develop scientific temper, humanism etc.26

:

Constitution ordains us to have a scientific temper, humanism and spirit of inquiry

and reform. The question is why should a citizen have scientific temper? The question

is not very difficult to answer. A scientist’s mind is a questioning and inquisitive one.

He discovers the secret of nature by rational and systematic thinking. He ponders over

the problem and solves the same by his hard work, perseverance and analyses. Similar

kind of scientific temper is required from our citizens if they have to solve the

problems engulfing out country. But the matter does not end here only, we as citizens

ought to have qualities of humanism and spirit of enquiry and reform to bring out the

desired result. Scientific and inquisitive mind without qualities of heart will only

result in discoveries and inventions which are detrimental and disastrous to human

kind.

2.1.9 To safeguard public property and abjure violence27

:

It is ironical that on one hand we preach non-violence to the world but on the other

hand we need to put this clause in our Constitution as fundamental duty. It seems that

we have forgotten the principles of non-violence expounded by Lord Buddha and

Mahatma Gandhi. We find non-violence was the principle expounded by all great

religions of this world. During the freedom struggle while fighting against foreign

rule, non-violence was our main modus operandi. In a democratic country like ours,

we must follow constitutional and legitimate ways to express our grievances or

protest. Similarly it is our sacred duty not to harm or damage public property which

belongs to all. It is built by taxes paid by the citizens. Causing damage to that as a

form of protest or a fun us a highly uncivilized act. It is, therefore, our utmost duty to

safeguard the public property and places as if they are our own28

.

26

Ind. Const. art. 51-A(h). 27

Ind. Const. art. 51-A(i). 28

V.N. Shukla, Constitution of India 314, 315 (Eastern Book Company, Lucknow, 10 edn).

20

2.1.10 To strive for excellence29

:

We, the citizens of India, must have a scientific attitude which should be reflected in

all our thoughts and actions. It should also be reflected in our behaviour with other

people. With such an attitude, we will be able to remove all the barriers which are

putting bar to our progress and achievement. The spirit of enquiry and reform should

inform all aspects of our individual and social life.

The qualities of citizens determine the nature and development of the society. Our

excellence, individual as well as collective, helps in improving the overall standard

and quality of life. Whatever work we are doing, is important and we should try to

achieve excellence in our field through hard work. This is in our interest as well as in

the larger interest of the country30

. Let me quote Swami Vivekananda to sum up the

spirit of hard work and excellence which will shape the future of this country.

“Arise, be adventurous, be powerful, take complete responsibility on your

shoulders and understand that you are the creator of your destiny.

Whatever strength or help you want is in yourself only. And build your

future yourself.”31

2.1.11 To educate the children32

:

This clause defines the role of parents in educating their children so that when they

grow up, they are assets to the nation with their intellect highly developed and are

alive to the situation around them.

29

Ind. Const. art. 51-A(j). 30

Id at 78. 31

Inspirational Quotations By Swami Vivekananda, available at: http://www.inspiration.rightattitudes.com/authors/swami-

vivekananda/ (last visited on March 04, 2019 at 06:18PM).

32 Ind. Const. art. 51-A(k).

21

2.2 Transnational Perspective of Duties

So far, our discussion was confined to fundamental duties of a citizen towards the country. It

is now to be considered whether the duties provided under Article 51-A are confined only to

territory of India alone? The answer certainly lies in negative. When we look into Article 51-

A, no doubt we find that most of these duties are confined to the geographical limits of India

and for the welfare of our countrymen. However, when we read these thoroughly, we find

that some of these duties are not confined to our national interest but are global in nature.

They carry in them the ancient concept of Vasudeva Katumbkam, i.e., all the inhabitants of

this planet are our extended family.

Whether the concept of fundamental duties need to be extended beyond our motherland and if

yes what is going to be the effect of the same? These are the questions which will be

answered in this chapter.

First of all, we are not only citizens of India but are also inhabitants of this planet which is the

only one where the life is found to exist till date; we are connected with each other by a

common bond of brotherhood. We can thus, call ourselves as citizens of this planet and not

only of this land. Moreover, there is all the more need for extension of duties and values in

our relationship and interaction with other countries at this juncture when disharmony discard

and de-stability threatens the whole world.

2.2.1 Deemed Extensional Notion

We today have to look beyond our nation as we are inhabitants and beneficiary of all the

natural resources of this earth. The latest means of communication and technology has made

this world a single unit where economy, social or political changes in one part affects the

other countries as well. We cannot shut our eyes to the fact that nuclear arms, population

growth and environmental pollution have their ramification at both national and international

level. We live in a shrinking world and there is need for each of us to develop a national

understanding33

.

33

K.R.K. Vara Pershad v. Union of India (12.02.1980 – APHC).

22

The use and stock piling of the arsenal of nuclear and bacteriological weapons, the leakage is

from the nuclear plants, destruction of environment, the spread of infectious diseases are

endangering this planet and affect every human being and, therefore, each person has a right

to protest against them and a right to prevent them.34

With the above background, let us now examine the duties which can be called as

transnational duties. A look at Article 51-A of the constitution clearly reveals that the duties

prescribed under clause (g), (h) and (i) are not confined to the territory of India alone. A very

broad meaning can easily be assigned to these fundamental duties and thus, these can easily

be termed as duties extended beyond the limits of India. Thus global nature of duties makes

our constitution a unique one and shows the deep thinking, belief and ideology of our people

and when we say that this concept of duties which cross our nation is based upon our ancient

teachings, there cannot be two opinions about the same. With this background, let us examine

the fundamental duties.

Clause (g) of fundamental duties which pertains to protection of environment has two

ramifications one are national and the other at international level. When this duty is practiced

by the citizens in their own country, it will result in protection of natural environment and

this will check menace of pollution, deforestation and spreading of deserts. Secondly, when

the citizens of this country have concern for nature, it helps the natural environment at

international level also because the green cover of one country is linked to the other one and

destruction of one has disastrous consequences on the environment of other. Thus, when a

citizens is alive to this duty he also contributes towards the protection and improvement of

natural environment of other countries. As a citizen is concerned about the destruction of the

nature and wild life, he participates actively in the protection of the same and this in turn will

check deforestation and other hazards connected with destruction of nature. This kind of

attitude alone will save this planet and make it a safe place for us to live and for our next

generations to survive.

Clause (h) of fundamental duties can also be said to have transnational perspective. When

citizens of this country will have scientific temper and spirit of enquiry and reform, it will

34

JUSTICE P.B. SAWANT, THE DUTY ORIENTED SOCIETY IN CITIZENSHIP AND FUNDAMENTAL

DUTIES 36 (1988).

23

result in progress and prosperity of this nation which in turn will also contribute towards the

economy of the other countries. Spirit of enquiry and scientific temper will also give rise to

new inventions and reforms which will benefit not only India but whole of the mankind. So

far as, humanism is concerned, no one can dispute the fact that it is universally required. We

have to be humane and must extend humanity not only to our fellow country-men but to all

the people of this world. The duty to abjure violence is also very broad in its implications.

When we talk about non-violence, the said concept is not limited to India alone. No religion

or civilization can ask its followers or members to be non-violent in their own country and to

be violent as a beast while dealing with other countries. The concept of non-violence extends

to the whole of the globe. The teachings of Lord Buddha, Mahatma Gandhi and Christ are not

limited to territorial limits of India but they go far beyond and everywhere wherever the

homo sapiens reside.

Thus it can safely be concluded that fundamental duties prescribed in Article 51-A are wide

enough which not only include the national perspective nut has global orientation embracing

the whole of the humanity. Can we say that duties to renounce practices derogatory to the

dignity of women, practice of non-violence, protection of environment are national only? The

answer can only be one that these duties cannot be put in a narrow compass confining to the

territory of India only. To follow and practice the same will certainly bring peace and

prosperity on this earth.

2.3 The Implicit made Explicit

The preamble is essential to understand the Constitution. The constitution through the

preamble secures to all its citizens ‘liberty of thought, expression, belief, faith and worship’.

These are the fundamental rights of the citizens. However, this is the only sentence in the

preamble which talks about rights and the remaining stresses on duties. In fact, these are our

dreams, ideals, basic policies and objectives. These ideals can only be fulfilled if we do our

duty to the best of our ability and with honesty, sincerity and dedication. We must then have

to discharge our civil obligation and make our contribution to resolve the constitutional goals.

24

Thus, we find that even prior to 42nd

amendment, concept of duties was implicit in the

constitution and by amendment, the implicit has been made explicit35

.

35

The term has been used by Shyamla Pappu; Fundamental Duties: The Implicit made Explicit 13 (Socialist

Ind., 11 (1976 October, 30)).

25

CHAPTER 3

JUDICIAL RESPONSE TO FUNDAMENTAL DUTIES

26

“IT IS FOR ALL OF US, INDIVIDUALLY AND COLLECTIVELY, TO LEARN, AWAKE,

ARISE AND WORK FOR INTEGRATION, UNITY AND FRATERNITY, WHICH ARE OUR

FUNDAMENTAL DUTIES”

- Lord Dufferin

CHAPTER 3

JUDICIAL RESPONSE TO FUNDAMENTAL DUTIES

The Judiciary has always been recognised as one of the co-equal institutions of the state

along with the executive and legislatures. But in the recent past, it has acquired an important

role by activist interpretation of the Constitutional provisions. At present this wing of

constitution enjoys sense of faith and confidence amongst the public. The public at large

looks upon judiciary as their saviour as it takes action where executive’s inaction has resulted

in gross injustice.

In this chapter, the role of judiciary in interpretation of Article 51-A shall be analysed.

Legislators have completed their job by providing Fundamental Duties in the Constitution. It

is, therefore, left to the judiciary to define its scope and ambit. But judiciary here has a very

major drawback in the sense that legislator had not made these duties by citizens. The court

has its own limitations in interpreting the provision of legislation. It cannot tread at a tangent

to legislative intention. With this background, let us consider the judicial response.

3.1 Enforceability of Fundamental Duties:

Time and again the judiciary has held that fundamental duties embodied in Article 51-A are

not enforceable in courts of law. As early as in 1980 in Vijay Mehta v. State of Rajasthan1,

the single Judge of the Rajasthan High Court opined that Fundamental Duties enumerated in

the Constitution are not enforceable by law. In that case, the petitioner, a member of a

political party, had filed a petition under Article 226 for issuance of an appropriate writ to the

respondent, i.e., State for appointing a Commission of Enquiry regarding ‘Flood in certain

places in the State, damage caused by floods in certain places in the State, damage caused by

flood waters and steps to be taken to present recurrence of flood’.

1 Vijay Mehta v. State of Rajasthan (14.11.1979 – RAJHC).

27

It was held by the Court that an enquiry under the commission of Inquiry Act is not at all a

judicial inquiry. The commission of Enquiry appointed under the Act is only a fact finding

body for the benefit of Government when there is a matter affecting public. The matter, in

regard to which the petitioner seeks for appointment of Commission of Enquiry even on a

definite matter of public importance except in the case of resolution by Parliament or

Legislature of the State in that behalf. It, therefore, necessarily follows that the petitioner has

no legal or statutory right to require the state government to constitute a Commission of

Enquiry, even in issues affecting the public.

The Court also observed that there is no statutory duty on the appropriate government to be

discharged towards the petitioner. The Fundamental duties enumerated in Clauses (g), (i), (j)

or any other clause in Article 51-A of the Constitution are not enforceable by law.

3.1.1 Enforceability v. Locus Standi

The said position was reiterated by another Judge in Surya Narain Chowdhry v. Union of

India & Ors.2. There also it was specifically states that Fundamental Duties are not

enforceable by Courts of Law. In the case, the petitioner was an active member of Janata

Party. He had challenged the dismissal of Rajasthan Governor by the President of India

before expiry of his five years tenure on the ground that the same is mala-fide as Congress-I

after coming into power is terminating the term of Governors before the scheduled term.

The petition was dismissed by the Hon’ble Supreme Court and it had held that as petitioner

was not personally affected by dismissal order, he cannot be granted the relief prayed for.

The court had also rejected the petitioner’s contention in respect of his fundamental duties

under Article 51-A of the Constitution as it does not give him any locus standi. The

fundamental duties of citizens are duties of individual citizen and therefore, cannot be

enforced by Writ of Mandamus.

3.1.2 Individualisation of Duties

In Grahaka Jagruti Bangalore v. State of Karnataka3, the Karnataka High Court observed that

fundamental duties enumerated in Article 51-A of the Constitution of India cannot be

enforced through court of law as the fundamental duties enumerated in Article 51-A of the

2 Surya Narain Choudhary v. Union of India (28.08.1981 – RAJHC).

3 Grahaka Jagruti Bangalore v. State of Karnataka (22.10.1985 – KARHC).

28

Constitution oblige the individuals to behave in a particular way. These courts cannot enforce

these duties. The legal standing of fundamental duties and directive principles of state policy

is quite different. There is no article with reference to fundamental duties, similar to Article

31-C of the Constitution, which elevates the stats of directive principles to higher plane than

providing mere guidelines for the state policy. That being the position, it is not possible to

hold that the petitioner is permitted to maintain the petition on the ground that fundamental

duty obliges him to safeguard public property.

However, in later cases, we find that judiciary had started relying upon the fundamental

duties while interpreting the questions of law and has rather enforced these with same zeal

and zest as was done while widening the scope of right to life.

The Supreme Court in the case of Rural Litigation & Entitlement Kendra & Ors. v. State of

Uttar Pradesh4 has relied upon the fundamental duties while deciding the question of

‘Limestone Mining in Doon Valley’. Here the court observed that the effect of persons

intruding with the ecology are detrimental and once again reminded every citizen to conserve

the environment as it is his social responsibility and cited Article 51-A(g) of the Constitution.

Similarly in other cases of M.C. Mehta v. Kamal Nath & Ors.5, the Supreme Court observed

that where Article 48-A of the Constitution provides that the State shall put efforts to protect

and improve the environment, forests and wildlife, Article 51-A(g) obliges every citizen to

protect and improve the environment.

The Gujarat High Court in Abhilesh Textiles v. Rajkot Municipal Corporation6 had in fact

enforced the fundamental duties of protection of environment as provided in Article 51-A(g).

In the case, the petitioners who were owners of factories were called upon by the Municipal

authorities not to discharge their adulterated water on public places within certain time failing

which their factories would be closed. The petitioners had challenged the notice on the stating

that it was issued in violation of principles of natural justice and the closure of factories will

adversely affect them.

The Gujarat High Court while rejecting the petition had held that by release of affluent water

on public places, the whole locality gets contaminated. The petitioners in no case can claim

4 Rural Litigation & Entitlement Kendra v. State of U.P. (12.03.1985 – SC).

5 M.C. Mehta v. Kamal Nath (13.12.1996 – SC).

6 Abhilesh Textiles v. Rajkot Municipal Corporation (05.08.1987 – GUJHC).

29

an absolute right to carry on his business. Every right, in the opinion of the Court, has to be

restricted by the fundamental duties. To claim freedom, one has to incur certain obligations in

the form of duties enlisted in the Constitution7.

Decisions like this also reflect the other aspect of the decision making process, that in the zeal

to enforce these duties through the approach of judicial activism, the Court at times fails to

identify the interests of every stakeholder involved with the matter and, therefore, at times,

fail to reach at a holistic decision. Moreover, the Courts are using fundamental duties to

restrict fundamental rights.

In Avinash Nagara v. Navodaya Vidyalaya Samiti & Ors.8, the Supreme Court discussed the

role of a teacher in spreading the message of fundamental duties to make the students

responsible citizens of India.

3.1.3 Dynamic Approach to Fundamental Duties

In case of ‘L.K. Koolwal v. State of Rajasthan9, the Rajasthan High Court has given a very

wide interpretation to fundamental duties and held that the citizen can approach the Courts

under Article 51-A.

In the above case, one Mr. Koolwal prayed to the Court to enforce the ‘right’ under Article

51-A to direct the Municipal Corporation to do its’ duties. The petition was allowed by the

court and it had held that rights and duties co-exist. The court had further held regarding

fundamental duties as follows:

“Article 51-A of the Constitution has been inserted in the constitution of India

vide 42nd

Amendment in 1976. We can call Article 51-A ordinarily as the duty

of the citizens but in fact it is the right of the citizens as it creates a right in

favour of citizens to move to the court to see that the State performs its duties

faithfully and obligatory and primary duties are performed in accordance with

the law of the land. Omissions and Commissions are brought to the notice of the

court by the citizens and thus, Article 51-A gives a right to the citizen to move

the court for the enforcement of the duty cast on the state, instrumentalities,

7 Id at 60-61.

8 Avinash Nagara v. Navodaya Vidyalaya (30.09.1996 – SC).

9 L.K. Koolwal v. State of Rajasthan (19.09.1986 – RAJHC).

30

agencies, departments, local bodies, and statutory authorities created under the

particular law of the State.” 10

The above view, thus, depicts a very pragmatic approach of the court in giving effect to the

fundamental duties.

The Allahabad High Court in the Claridges Corbett Hideaway, Zero Garjia & Anr. v. State of

U.P.11

had also referred to Article 48-A and 51-A of the Constitution of India and declared

that permission given to the petitioner hotel to be situated on the bank of river or canal should

not have been granted as such commercial activities pollute stream, lakes and rivers and

disturb the balance of eco system. It had specifically held that the Constitution saw

amendments in 1977. Article 51-A in no uncertain terms declares and seeks protection and

improvement of the natural environment including forests, lakes, rivers and wild life.

The above pronouncements thus reveal that judiciary has been alive to the importance of

fundamental duties and has relied upon the same while interpreting the constitution. In some

of the cases it has adopted a very activist approach and enforced the duty.

Although the duties are not enforceable, yet we find certain traces of the duties in our

legislations. Indirectly they are being enforced. In this regard, reference can be made to the

following:

(i) The Water (Prevention & Control of Pollution) Act, 197412

,

(ii) The Air (Prevention & Control of Pollution) Act, 198113

,

(iii)The Environment (Protection) Act, 198614

,

(iv) The Prevention of Cruelty to Animals Act, 196015

,

(v) The Prevention of Damage to Public Property Act, 198416

,

(vi) The Prevention of Insults to National Honour Act, 197117

,

10

Id at 10. 11

Claridges Corbett Hideaway, Zero Georgia v. State of U.P. (09.03.1999 – ALLHC). 12

The Water (Prevention & Control of Pollution) Act, 1974 (Act 6 of 1974). 13

The Air (Prevention & Control of Pollution) Act, 1981 (Act 14 of 1981). 14

The Environment (Protection) Act, 1986 (Act 29 of 1986). 15

The Prevention of Cruelty to Animals Act, 1960 (Act 59 of 1960). 16

The Prevention of Damage to Public Property Act, 1984 (Act 3 of 1984).

31

(vii) The Indecent Representation of Women (Prohibition) Act, 198618

,

(viii) The Immoral Traffic (Prevention) Act, 195619

,

(ix) Protection of Civil Rights Act, 195520

, and

(x) The Emblems and Names (Prevention of Improper Use) Act, 195021

.

Perusal of the above legislations reveal that the fundamental duties relating to protection of

environment, to respect the Constitution and its establishments, to endeavour to achieve

harmony and brotherhood and to protect and improve the natural environment are being

enforced through various acts.

Even as early as in 1860, we find that some of these duties were being enforced through

Indian Penal Code by various provisions thereof which are the following:

(a) Offences relating to waging war or abetting to wage war against the Government of

India22

,

(b) Sedition23

,

(c) Promoting enmity between different groups on grounds of religion, race, place of

birth, residence or language24

,

(d) Imputation prejudicial to national integration25

,

(e) Fouling water of public spring reservoir26

,

(f) Negligent conduct with respect to animals27

.

(g) Uttering words with intend to wound religious feelings28

,

17

The Prevention of Insults to National Honour Act, 1971 (Act 69 of 1971). 18

The Indecent Representation of Women (Prohibition) Act, 1986 (Act 60 of 1986). 19

The Immoral Traffic (Prevention) Act, 1956 (Act 104 of 1956). 20

Protection of Civil Rights Act, 1955 (Act 22 of 1955). 21

The Emblems and Names (Prevention of Improper Use) Act, 1950 (Act 12 of 1950). 22

Indian Penal Code, 1860 (Act 45 of 1860), s. 121. 23

Indian Penal Code, 1860 (Act 45 of 1860), s. 124-A. 24

Indian Penal Code, 1860 (Act 45 of 1860), s. 153-A. 25

Indian Penal Code, 1860 (Act 45 of 1860), s. 153-B. 26

Indian Penal Code, 1860 (Act 45 of 1860), s. 277. 27

Indian Penal Code, 1860 (Act 45 of 1860), s. 289. 28

Indian Penal Code, 1860 (Act 45 of 1860), s. 298.

32

(h) Assault on women with intend to outrage her their modesty29

,

(i) Rape30

,

(j) Cruelty to woman by husband or relative of husband31

, and

(k) Word, gesture or act intended to insult or outrage the modesty of a woman32

.

Thus, the Indian Penal Code was enforcing the duty connected to protection of natural

environment, to safeguard public property and to denounce the practice derogatory to the

dignity of the woman and communal disharmony.

Let me now discuss the various pronouncements of Supreme Court and various High Courts

on different clauses of fundamental duties:

3.2 Judicial Trend vis-a-vis the Fundamental Duties

The Supreme Court was called upon to interpret Article 51-A(a) in very interesting and well

known case of Bijoe Emmanuel & Ors. v. State of Kerala & Ors.33

also known as National

Anthem case. The question which had come up before the court was whether the non-joining

in singing the National Anthem is disrespect to the song.

The facts of the case were that the three children who were appellants in this case belonged to

a different religion. They attended the school and when the National Anthem was sung, they

used to stand in respect of the Anthem but did not sing. They did not used to sing the Anthem

because as per them, their religion did not allow them to sing. The Head Mistress of the

school had however, expelled them from school on ground of not singing the National

Anthem. The children then approached the High Court through writ. The High Court had

dismissed their petition and held that there was nothing in the National Anthem which could

offend any one’s religious beliefs.

They had thereafter approached Supreme Court. The Supreme Court had however, held that

no law mandates the singing of National Anthem and it is not a disrespect if a person stands

up in reverence when the same is sung. It was further observed as follows:

29

Indian Penal Code, 1860 (Act 45 of 1860), s. 354. 30

Indian Penal Code, 1860 (Act 45 of 1860), s. 375. 31

Indian Penal Code, 1860 (Act 45 of 1860), s. 498-A. 32

Indian Penal Code, 1860 (Act 45 of 1860), s. 509. 33

Bijoe Emmanuel v. State of Kerala (11.11.1986 – SC).

33

“It is true that Article 51-A of the Constitution enjoins a duty on every citizen of

India to abide by the Constitution and respect its ideals and institutions, the

National flag and the National anthem.” Proper respect is shown to the National

anthem by standing up when the National anthem is sung. It will not be right to

say that disrespect is shown by not joining in the singing.”34

However, in another case, the Supreme Court erred in making the playing of national

anthem compulsory in the cinema halls. This led to vigilantism, an unintended

consequence of the Court in going a step ahead to enforce the fundamental duties.

Moreover, in enforcing these duties, perhaps as an unintended consequence, the Court

even led to unreasonably restricting the fundamental rights of citizens. Later, the Court

rectified its decision by making it optional35

.

The Andhra Pradesh High Court had the occasion to discuss another clause of fundamental

duty in case of K.R.K. Vara Pershad v. Union of India36

. In the said case the petitioner had

filed a writ petition seeking mandamus declaring that Section 18 of the Indian Penal Code

defining India as excluding State of J&K is opposed to Article 1. He had also relied upon

Article 51-A(c) of the constitution in support of its petition and contended that Constitution

gives under Article 51-A certain fundamental duties similar to fundamental rights. He had

further claimed that in view of Article 51-A, he can approach the Court under Article 226 for

getting the declaration that Section 18 of the Code is opposed to Article 1 of the Constitution.

The High Court had however held that a careful examination of Article 51-A makes out clear

that constitution mandates the citizens of India to obey the duties listed under this article37

.

Another clause of these duties came up for consideration before the Karnataka High Court in

M. Laxminarain Reddy v. Union of India38

. The Karnataka High Court had referred to Article

51-A(e) while deciding the writ petition filed by the petitioner who was charged for violation

of section 7 of The Protection of Civil Rights Act, 1955. The petitioner had sought to declare

section 7 of the Act as void and ultra vires. The court had, however, held that ideals of the

constitution are to forbid untouchability in any and whatever form it is practiced. The

petitioner had no fundamental right to do a forbidden act. In this context, the court had 34

Id at 752. 35

Shyam Narayan Chouksey Vs. Union of India & Others (09.01.2016 – SC). 36

K.R.K. Vara Pershad v. Union of India (12.02.1980 – APHC). 37

Id at 246. 38

M. Laxminarain Reddy v. Union of India (27.07.1987 – KARHC).

34

referred to Part IV-A which imposes certain duties on citizens and one amongst them is ‘to

promote harmony and spirit of common brotherhood amongst all the people of India

transcending religious, linguistic and regional or sectional diversity, to renounce practice

derogatory to the dignity of a woman’39

. The practice of untouchability is antithesis of

common brotherhood.

The Supreme Court has also drawn the attention of citizens to this clause in case of Rajiv

Mankotia v. Secretary, to the President of India & Ors.40

. In this case, the issue related to

preserving the Viceregal Lodge in Shimla built by Earl of Dufferin in 1888. The Court had

held that the Lodge is entitled preservation as a structure of national importance for the

following reasons.

“Such being the historic evidence furnished by the Viceregal Lodge, it is

not the duty of Indians and of the Govt. of India to preserve the Viceregal

Lodge as a monument of national importance for posterity as the historic

evidence so that every Indian citizen while visiting Shimla would have

glimpses of it to recall the folly of disunity, teaching us the lesson of being

united so as not to destroy ourselves once over and lose democracy and

liberties on account of disunity, disharmony on grounds of religion, region,

caste, language; and denial of all opportunities and facilities to our own

weaker segments of the society; of equality of opportunities and of status

to improve excellence in chosen facets of the respective lives. The answer

is obviously ‘yes’. If we forget the past and repeat the same mistake, we

would stand to lose our nation’s unity and integrity; stand to lose the

opportunity to integrate into the world our great democratic Bharat

Republic. Viceregal Lodge teaches us these lessons and it is for all of us,

individually and collectively, to learn, awake, arise and work for

integration, unity and fraternity, which are our fundamental duties.”41

The above case in fact beautifully sums up the importance of preservation of ancient

monuments and the duty of citizens to have spirit of common brotherhood & unity.

39

Id at 762. 40

Rajiv Mankotia v. Secretary, to the President of India (27.03.1997 – SC). 41

Ibid.

35

In Ramsharan Autyanuprasi & Anr. v. Union of India & Ors.42

the petitioner had filed a

public interest litigation challenging arbitrary and highhanded running of Sawai Man Singh II

museum trust which is a premium institution of ancient art, culture and history of Rajasthan.

The petitioner contested that Article 51-A(f) of the Constitution has been violated when our

rich and noble heritage is not conserved. The Supreme Court had however, rejected the

contention on some other ground viz. the alternate remedies were not availed of.

The question of preservation of culture had again come up before the Patna High Court in

Vinay Kumar Mishra v. State of Bihar43

. In this case, the petitioner had challenged the

deletion of Maithli language from public examinations. The court had referred to Article 51-A

and held that the constitution does not harm the culture and heritage of people in regressive

action. It permits an affirmative action to encourage a deprived section of population. A

language of one section of population may be encouraged but that of another should not be

harmed.44

It was further observed that the constitution was amended in 1977 and fundamental

duties were incorporated therein. By the said amendment there was reference to honour and

respect for the language of others.

In the case of West Bengal Head Masters’ Association & Anr. v Union of India45

, the Calcutta

High Court had the occasion to interpret Article 51-A of the Constitution. In the said case, the

petitioner had challenged the revision of the syllabus being ultra vires of the provisions of

Article 19(1)(a) and Article 51-A(b) of the Constitution. The court had held that performing

the duties is personal to all Indian citizens. This is not the duty of the state, but of the citizens.

There is a significant difference between the right and duty. While the right can be claimed

against another, a duty has to be performed. It is not the obligation of the State to equip the

citizen to perform his duties under Article 51-A. Hence a pupil cannot assert to be taught

history so as to enable him to perform his duty under Article 51-A(b) of the Constitution46

.

Therefore, it could not be contended that the impugned history syllabus has been prepared in

violation of provision of Article 51-A of the Constitution.

The Hon’ble Supreme Court had the occasion to discuss Article 51-A(g) in number of

judgments before it and it has indirectly enforced the same as a fundamental right. In this

42

Ramasharan Autyanuprasi v. Union of India (14.11.1988 – SC). 43

Vinay Kumar Mishra v. State of Bihar (30.10.2000 – PATHC). 44

Id at 150. 45

West Bengal Head Masters’ Association & Anr. v Union of India (17.03.1983 – CALHC). 46

Id at 457.

36

regard reference can be made to Rural Litigation & Entitlement Kendra v. State of Uttar

Pradesh47

. In the said case the Hon’ble Supreme Court had proclaimed that natural

environment is an asset of humans and is not meant to be depleted by one generation. Every

citizen and the Government must preserve the environment and maintain the ecological

balance48

.

In M.C. Mehta v. Kamal Nath49

, the Supreme Court had further reiterated the importance of

preservation of natural environment and held that it is one of the fundamental duties of every

citizen as set out in Article 51-A(g) to protect and improve the natural environment, including

forests, lakes, rivers and wildlife50

. It was further held that Article 48-A and Article 51-A(g)

should be interpreted in light of Article 21 of the Constitution as any disturbance of the

rudimentary environment components, viz. air, water and soil, that are essential for ‘life’

could be perilous to ‘life’.

Similarly, the Gujarat High Court has also enforced the above clause in Abhilesh Textiles v.

Rajkot Municipal Corporation51

. The Allahabad High Court in The Claridges Corbett

Hideaway, Zero Garjia & Anr. v. State of UP52

has also enforced the fundamental duties of

preservation of environment.

An interesting case came up before the Rajasthan High Court in L.K. Koolwal v. State of

Rajasthan53

where the Hon’ble High Court had interpreted Article 51-A and held that Article

51-A can normally be called as the citizen’s duty but in reality it confers a right upon the

citizens to approach the Court to ensure that the State performs its duty faithfully. Here the

court once again misinterpreted the duties by regarding them the duty of the State.

The Karnataka High Court had the occasion to consider Article 51-A (i) in Grahaka Jagriti

Bangalore v. State of Karnataka54

, where the Karnataka High Court had held that the

fundamental duties cannot be enforced through Courts and therefore, the petition is not

maintainable on the ground that there is fundamental duty cast upon the petitioner to

safeguard public property.

47

Supra note 4 at 364. 48

Ibid. 49

Supra note 5. 50

Ind. Const. art. 51-A(g). 51

Supra note 6. 52

Supra note 11. 53

Supra note 9. 54

Supra note 3.

37

In Kodungallur Film Society 55

, it was observed that no person shall be allowed to destroy the

public property. In Panchkula mob violence case56

, the question arose that in the cases of mob

violence, on whom can the liability be imposed? The Court observed that in such cases, it is

the leader of the mob who has incited the mob to such action shall be liable for the loss to the

property. Therefore, property of Ram Rahim was seized so that the loss may be recovered

from his property. The Court has also observed that horrendous acts of mobocracy cannot be

allowed to become a new norm.57

The Hon’ble Supreme Court and different High Courts have reminded the citizens of this

country about their duty for excelling in every aspect, individually and collectively to help in

national development. This was so held by the Allahabad High Court in Ram Prasad v. State

of Uttar Pradesh58

where the court has observed that it was the duty of the State to perform its

duty so that the nation strives towards excellence.

The Andhra Pradesh High Court in the case of Dr. Dashrati v. State of Andhra Pradesh59

had

referred to Article 51-A(j) of the Constitution of India and had reminded the citizens that they

are obliged to do their best in every aspect of their lives so that the nation rises to its heights.

In this case the Government of Andhra Pradesh had appointed Poet Laureate of the State. The

new Government which had subsequently came into power had thought that post of Poet

Laureate was constitutionally bad, economically undesirable and morally indefensible.

Accordingly, it abolished the post of Poet Lareateship. Upholding the abolition, the court

observed as under:

‘There is a suggestion that institution of Poet Laureateship promotes

excellence in Telugu poetry. I have no hesitation in holding that the wild

celestial fire that ever burns in the mortal frame of man should not be

quenched either by indifference or mediocracy. Under Article 51-A(j) of

our Constitution, we all owe a duty to ourselves to strive towards

excellence in all spheres of individual and collective activity so that this

nation may constantly rise to higher levels of endeavour and achievements.

But when the State undertakes to promote excellence, it can do so only

55

Kodungallur Film Society vs Union of India (01.10.2018 – SC). 56

Sital v State of Punjab (09.03.2018 – SC). 57

Tehseen S. Poonawalla v Union of India Writ Petition (17.07.2018 – SC). 58

Ram Prasad v. State of Uttar Pradesh (20.03.1957 – ALLHC). 59

Dr. Dashrati v. State of Andhra Pradesh (06.12.1984 – APHC).

38

through the methods which our Constitution permits it to adopt.

Rewarding of sycophancy only helps to retard the growth of efficiency and

excellence. Conferment of Poet Laureateship which more or less looks like

conferment of a title may be a Constitutional anathema60

.’

This clause was also a subject of discussion before the Rajasthan High Court in State of

Rajasthan v. Prema Ram & Ors.61

. In this case, the accused persons were facing trial before

the Sessions Court. However, no special Public Prosecutor was appointed for a considerable

time. The Additional Sessions Judge in view of delay of the case on ground of non-

appointment of Special Public Prosecutor had awarded the cost of Rs. 1000/- to each accused.

The State had prayed for quashing the order under section 482 Cr.P.C. The petition was

however, dismissed by the court with these observations:

‘After the enforcement of the Constitution (42nd

Amendment) Act, 1976, Part

IV-A was added to the Constitution of India and the fundamental duties had

been specified. It is now the duty of every citizen of India 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. To say the least,

this constitutional mandate has been observed in its breach by the concerned

authorities then its observance. The petitions deserve to be dismissed.’62

The Supreme Court in another case of Balaji Raghavan v. Union of India63

had also referred

to the above clauses while deciding the questions whether National Awards violate the

equality principle. It has held as follows:

‘The National Awards are not violative of the principles of equality as

guaranteed by the provisions of the Constitution. The theory of equality does

not mandate that merits should not be recognized. Article 51-A of the

Constitution speaks of the fundamental duties of every citizen of India. Refer

to the various clauses of Article 51-A and specifically clause (j) which exhorts

every citizen ‘to strive towards excellence in all spheres of individual and

60

Id at 143. 61

State of Rajasthan v. Pema Ram (04.09.1992 – RAJHC). 62

Id at 1073. 63

Balaji Raghavan v. Union of India (15.12.1995 – SC).

39

collective activity, so that the nation constantly rises to higher levels of

endeavour and achievement.’

Similarly, the Supreme Court in Chameli Singh v. State of U.P.64

has further emphasised the

need of excellence for a citizen so that he is a useful participant in democracy and it has

observed as under:

‘Right to shelter, therefore, includes adequate living space, safe and decent

stricture, clean and decent surroundings, sufficient light, pure air and water,

electricity, sanitation and other civic amenities like roads etc. so as to have

easy access to his daily avocation. The right to shelter, does not mean a mere

right to a roof over one’s head but right to all the infrastructure necessary to

enable individual to live and develop as a human being. Right to shelter when

used as an essential requisite to the right to live should be deemed to have been

guaranteed as a fundamental right. As is enjoined in the Directive Principles,

the State should be deemed to be under an obligation to secure it for its

citizens, of course subject to its economic budgeting. In a democratic society as

a member of the organised civic community one should have permanent shelter

so as to physically, mentally and intellectually equip oneself to improve his

excellence as a useful citizen as enjoined in the Fundamental Duties and to be a

useful citizen and equal participant in democracy.’

64

Chameli Singh v. State of U.P. (15.12.1995 – SC).

40

CHAPTER 4

FACTORS EFFECTING/ RETARDING PERFORMANCE OF

DUTIES

41

“WHEN WE CAN SAY NO NOT ONLY TO THINGS THAT ARE WRONG AND SINFUL, BUT ALSO TO

THINGS PLEASANT, BUT ALSO TO THINGS PLEASANT, PROFITABLE AND GOOD WHICH WOULD

HINDER AND CLOG OUR GRAND DUTIES AND OUR CHIEF WORK, WE SHALL UNDERSTAND

MORE FULLY WHAT LIFE IS WORTH, AND HOW TO MAKE THE MOST OF IT.”

- Charle A. Stoddard

CHAPTER 4

FACTORS EFFECTING/ RETARDING PERFORMANCE OF

DUTIES

The Constitutional duties given under Part IV-A of the Constitution are in the way of appeal

to the conscience of a man and as discussed earlier, these are not enforceable by law.

However, we find in our general experience that people are generally not inclined to do their

duties. There are several factors responsible for the same. One may be lack of value based

education, improper rearing, discouraging company and environment, non-cooperative

attitude of fellow beings, selfishness, impatience, intolerance and lack of love and respect for

others.

It is of paramount importance that those factors which retard the performance of fundamental

duties are to be tackled effectively so that people perform their duty in the best possible

manner. It is no doubt difficult to remove these factors as they have got deep rooted in the

psyche of citizens of India and, therefore, a massive program is required to be launched to

clean their minds from such impressions. This can be done by providing them value based

education. However, this step will only inculcate fundamental duty in the children but so far

as adults are concerned, the educative program is to be spread by seminars, debates, cultural

programs and media. The community is to be tied by strong ties of brotherhood, respect and

love. These values have not only to be taught but must be systematically inculcated in the

minds of the people so that they do their duty as a reflex section and do not have to think

twice before performing the same.

42

As the nation has reached at such a level where the values carry not much meaning, am

effective and educative program will have to be launched to wash their earlier impression. All

the factors relating to feeling of love, respect and patience should be cultivated by the role

models who are either teachers, parents, civil servants, judges or leaders. Any weakness or

failure in the character of the above role models will only result in the failure of character of

our people and, thus, high standards of morality and values are expected from them and any

omission of the same is to be viewed seriously not only by law but by the other members of

the society. The social pressure has always proved to be more deterrent than the penal one

which has already failed in our country. Everyone knows that laws have failed to check

inhuman and illegal activities. The reason for failure is that no law on this earth can teach the

feeling of love and respect. This has to be generated from within and the help of all the

members of the society is required in this respect.

Let us now examine one by one the factors which are responsible for non-performance of

duties by the citizens.

4.1 Poverty

It is rightly said that poverty is a curse as a poor man is deprived of not only his

liberty, right to equality but is also exploited by the society and befooled by the

politicians. Because of poverty, the man is deprived of formal education. What to

speak of duties; he is not even aware about his rights provided in the Constitution of

India. It will be no surprise to say that most of the people in our country, who are

hardly making their both ends meet, may not at all be aware about the Constitution of

India or rights guaranteed to them under the same or by other laws of the land. In such

a sorry state of affairs, it will be too much to expect the performance of duties by

these poor men.

The question then arises for consideration is as to how we can come out of this grim

situation? The answer again is very simple but never followed by the citizens. Even

though it is correct that who are poor and are not aware of their rights or duties are

unable to perform the, still the others, i.e., the educated ones should go ahead and

comply with Article 51-A which in turn will make the nation progress and slowly

elevate the condition of poor who will also get education and, in turn will come to

know about their rights and fundamental duties.

43

4.2 Indiscipline

Discipline is must for a good and orderly civic and social life. In the absence of civic

discipline, the civic life in community is chaotic. Discipline is all the more necessary

for performance of duty. Discipline gives direction to the duties and allows smooth

functioning of administrative work. Unfortunately, indiscipline is a norm of our life.

We hardly follow rules, regulations and laws. This has created a culture of negative

attitude and needs immediate correction by massive education program.

4.3 Lack of Education

Illiteracy is one of the factors which is responsible for non-performance of duties.

Before a citizen can give his best, he must have an opportunity to develop his

personality. The education transforms a man and widens his horizons. An educated

citizen can think rationally and coherently and can analyse and comprehend an issue

which is vital for the development of a nation.

Education lays foundation of good citizenship. In nation building activities, education

is a powerful tool. Hence, education should be concurrent with the social, political or

economic needs of the country. Education encourages intellectual development to

enhance dignity of person. Thus, education ignites its flame for quest of excellence,

helps the young mind to hone his intellect with logic to reach intellectual zenith and

infuse in him to try to maintain social equality and dignity of person, let alone

citizenship values65

. Education, therefore, transforms the social order by promoting a

healthy nationalism66

.

Thus, what we need first are literate citizens. Thereafter, we will be able to inculcate

in them the value of fundamental duties. At this stage, let it also be pointed out that by

education one does not mean education for men, but for women also. For, the women

are the bedrock of the family, and on them largely depends the shaping of the

65

Maharashtra State Board of Secondary and Higher Education v. K.S. Gandhi 1991 (2) SCC 716. 66

Avinash Nagara v. Navodaya Vidyalaya Samiti 1997(2) SCC 534.

44

personalities of other members. It is rightly said that when you educate a man, you

educate an individual. But when you educate a woman, you educate a family67

.

The great monk of India, Swami Vivekananda has also said ‘with 500 motivated men,

it will take me 50 years to transform India, with 50 motivated women, it may take

only few years.’68

It is, thus, clear that priority has to be accorded to the upliftment and education of

women. As far as educated citizens are concerned, it is unfortunate that they are also

not aware about fundamental duties and one of the reasons is that the same has not

been made known to them either by the institutions where they had their education or

through other possible mediums through which the same can be taught and spread.

Massive education program in that regard is, therefore, required.

The Delhi State Legal Services Authority (DSLSA) has started a big legal literacy

campaign in government and private schools to increase awareness about subjects like

sexual offences and gender inequalities.

The initiative aims to spread awareness among students of class IX to XII on various

socio-legal issues like sexual offences, gender inequalities, teenage pregnancy, drugs

and substance abuse, juvenile justice, traffic rules violation, fundamental rights and

duties, it said.

Various sitting and retired judicial officers, advocates, social workers, academicians

and counsellors would conduct legal literacy classes for the students, the release said.

4.4 Population Explosion

The population explosion is also responsible for degeneration of our country. Because

of population growth, there is much pressure on resources and that in turn is

responsible for erosion of values which are the very basis of duty. Because of

degeneration of values, the people are performing their duties mechanically and

without any interest and it has resulted in our backwardness in economical field.

67

African Proverb, available at: https://www.afriprov.org/index.php/african-proverb-of-the-month/25-

1999proverbs/146-sep1999.html (visited on April 10, 2019 at 05:20 PM). 68

DEEP TRIVEDI, SWAMI VIVEKANANDA A DYNAMO OF THOUGHTS 225 (2011).

45

4.5 Corruption

Corruption is another reason which is not allowing the people to fulfil their dreams.

The corruption has entered into the functioning of various organisations and offices.

People now openly talk about political corruption and corruption in administration. In

its wildest sense, corruption means selfish exercise of power and influence by a

person who holds an office of such power and influence69

. Because of rampant

corruption, the people are generally fed up with the administration and in disgust they

also do not perform their duties. The general impression among the people is that

nothing works till the corrupt officials are not paid for their duties. This in turn makes

them lethargic and dejected and they do not perform their fundamental duties out of

frustration and anger. Thus, the corruption has to be rooted out of our system.

4.6 Indifferent Attitude

The people at large are insensitive to the needs, problems and grief of others. If there

is an accident, no one is bothered for the victim. If a person is being robbed; others

run away. If modesty of a woman is being outraged; others simply stand as mute

spectators. What has happened to our country? Have not we become a society of

insensitive, callous, selfish and weak citizens? If such is the attitude of our people,

nothing is going to help us. The government cannot do much if the people do not care

for themselves70

. Thus, the need is to change the attitude, belief and thinking of

people and this can only be done by a massive education program which will awaken

the latent qualities of our countrymen.

4.7 Separatist Tendencies

Conflicts in regional and communal groups are hindrance in the process of building a

strong and united India. At time the concern for preserving regional and communal

identities take such an ominous turn that the national interest is ignored71

. The citizens

of India have to be made conscious of their duty which commands them to rise above

69

ATMA RAM AND J.N. SHARMA, DEMOCRACY AND CITIZENSHIP 95 (1991). 70

R.J. MODI, CULTURAL CRISIS AND SOCIAL PROCESSES IN CITIZENSHIP VALUES IN INDIA, 120

(1990). 71

M.C. Mehta (II) v. Union of India & Ors. AIR (12.01.1988 - SC).

46

religious, linguistic and provincial disparities to bind Indian people in the spirit of

common brotherhood.

4.8 Lack of Work Culture

In India we do not find any work culture. The attitude of the people towards the work

is indifferent. The work culture in our country has touched such a low level that most

people do not like to project their images as that of a sincere or honest worker. The

general impression is that in the present system neither the efficiency is rewarded nor

inefficiency punished. This lapse on the part of the system has been taken advantage

of by the work shirkers, not only by not performing their duty but also getting

political advantage, for example, by way of promotion. Thus, a work culture has to be

developed in our system. Citizens are expected to do their work sincerely and to the

best of their knowledge. This is the only solution to the problem which we are facing

now.

Thus, the need of the hour is dedicated and honest citizens. As this cannot be ensured by law

and has to come from within an individual, we must approach to the higher nature of the man

so that he realised the importance of performance of his duties in creating the India of his

dreams.

47

CHAPTER – 5

RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS,

DIRECTIVE PRINCIPLES OF STATE POLICY AND

FUNDAMENTAL DUTIES

48

“THE TRUE CIVILIZATION IS WHERE EVERY MAN GIVES TO EVERY OTHER EVERY RIGHT THAT

HE CLAIMS FOR HIMSELF.”

- R.G. Ingersoll

CHAPTER – 5

RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS,

DIRECTIVE PRINCIPLES OF STATE POLICY AND

FUNDAMENTAL DUTIES

The above observation of R.G. Ingersoll is the crux of the definition of rights and duties. No

right can be read in isolation divorcing it from the duties. Every right corresponds with a

duty. In fact, blend of both viz. rights and duties is necessary for citizenship development

which ultimately culminates in development of a nation. Absence of express enumeration of

duties of citizens has never been understood that citizens have no duties. Duties of citizens

are implicit. Preamble of the Indian Constitution adumbrates rights as well as duties1. The

proper way to understand the Constitution is to sympathise with the ideal which motivated it.

So understood, it would be obvious that the fundamental rights should not to be worshipped

alone. The rights of individual are balanced in it with the duties if the individual of the

society2. We will examine the relationship of fundamental rights, directive principles of state

policy as well as fundamental duty to see whether these are interrelated with each other and

whether fundamental duties are being enforced in certain instances.

Part III of the Constitution which contains Fundamental Rights, has been called as the Magna

Carta of India3. Fundamental rights were provided in the Constitution as it was deemed

necessary to protect the rights and liberties of the people against the Governmental powers.

The rights are enforceable through court of law by way of writ petition. In Maneka Gandhi’s

case, Hon’ble Bhagwati Judge has said that while interpreting any provision of Part III, every

possible attempt should be made to expand their scope. It was observed that to be a

Fundamental Right, the express mention of that is not required in the provisions. And any act

1 Trimbak K. Tope, Fundamental Duties and Justiciability 2 SCCJ 9 (1982).

2 V.S. Deshpande, Right and Duties under the Constitution, 15 J.I.L.I. 94 (1973).

3 Bowker, Wilbur F, Basic Rights and Freedoms: What are they. CAN. B. REV. 37 (1959).

49

that aids in the maximum realisation of the rights should be taken to be as an integral part of

that fundamental right. Thus, the Supreme Court has incorporated the following rights as

fundamental rights:

(i) Speedy trial of cases4;

(ii) To travel abroad5;

(iii)To live with dignity6;

(iv) Of clean environment7;

(v) Right of livelihood8;

(vi) Of education9;

(vii) Against torture10

;

(viii) Against bondage11

and

(ix) Of free legal aid12

.

Thus, the fundamental right under Article 21 was given a very wide definition by the Hon’ble

Supreme Court.

When we examine the fundamental rights closely, we find that in some provisions of Part III,

some aspect of duty on the part of citizens also exists. These are as follows13

:

4 Hussainara Khatoon v. State of Bihar (09.03.1979 – SC).

5 Meneka Gandhi v. Union of India (25.01.1978 – SC).

6 Ibid.

7 M.C. Mehta v. Union of India (12.01.1988 – SC).

8 Olega Tellis v. Bombay Municipal Corporation (10.07.1985 SC).

9 Mohini Jain v. State of Karnataka (30.07.1992 – SC).

10 Sunil Batra v. Delhi Administration (20.12.1979 – SC).

11 Bandhua Mukti Morcha v. Union of India (16.12.1983 – SC).

12 Sheela Varshney v.Union of India (12.10.1986 - SC).

13 D.N. SAXENA, BASIC ISSUES AND TASKS IN CITIZENSHIP DEVELOPMENT AND

FUNDAMENTAL DUTIES 153-154 (2000).

50

Prohibition of discrimination on grounds of religion, race, caste, sex or place of

birth:14

“(1) The State shall not discriminate against any citizen on grounds only of religion,

race, caste, sex, place of birth or any of them.”

On one hand where it is the obligation of the State to ensure an environment free from any

kind of discrimination, it is also the duty of every individual to ensure that he treats everyone

at par. Thus, a corollary can be drawn and it is the obligation of every citizen to allow equal

access to all the citizens to public places like cinema halls, public eating joints, wells and

such other places maintained out of State funds or kept for the use of general public.

Abolition of untouchability:15

“’Untouchability’ is abolished and its practice in any form is forbidden. The enforcement of

any disability arising out of “Untouchability” shall be an offence punishable in accordance

with law.”

Every citizen is obliged not to practice untouchability of any form.

Abolition of titles:16

“(1) No title, not being a military or academic distinction, shall be conferred by the State.

(2) No citizen of India shall accept any title from any foreign State.

(3) No person who is not a citizen of India shall, while he holds any office of profit or trust

under the State, accept without the consent of the President any title from any foreign State.

(4) No person holding any office of profit or trust under the State shall, without the consent of

the President, accept any present, emolument, or office of any kind from or under any foreign

State.”

14

Ind. Const. art. 15(1). 15

Ind. Const. art. 17. 16

Ind. Const. art. 18.

51

It is the obligation of every citizen to maintain the sovereignty of the State and therefore, not

to accept titles conferred by foreign states without prior permission from appropriate

authorities.

Prohibition of traffic in human beings and forced labour:17

“(1)Traffic in human beings and begar and other similar forms of forced labour are

prohibited and any contravention of this provision shall be an offence punishable in

accordance with law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for public

purposes, and in imposing such service the State shall not make any discrimination on

grounds only of religion, race, caste or class or any of them.”

Every citizen is obliged to follow this provision. Non-observance of which shall lead to penal

consequences as per law.

The Directive Principles of State Policy contained in Part IV of the Constitution provide the

aims and objects for the better governance of the State. The idea of ‘welfare state’ envisioned

by our Constitution can only be attained if the State strives to implement these principles. The

main object in enacting them appears to have been to set standard of achievement before the

Legislature and Executive. The biggest moral force is public opinion which can enforce the

directive principles and ensure government’s accountability at the time of elections. Thus,

sanctions behind directive principles can be said to be political also. However, some of the

Directive Principles of State Policies have been enforced by the Hon’ble Supreme Court as

fundamental rights. Free legal aid, right to work and protection of environment provided in

Article 39-A, 41 and 48-A are treated as fundamental rights by virtue of Article 21 of the

Constitution.

17

Ind. Const. art. 23.

52

5.1 Favourable Duty – Judicial Choice

So far as fundamental duties are concerned, these provisions cannot be enforced by the

Courts but we find that clause (g) of Article 51-A is being enforced by the Supreme Court.

Clause (g) which relates to the protection and improvement of the environment including

forests, lakes, rivers and wild life has been specifically enforced by Supreme Court in Rural

Litigation & Entitlement Kendra v State of Uttar Pradesh18

. Besides the above enforcement

of fundamental duties, we find that fundamental duties provided in Part IV-A are also closely

related to Part III and Part IV. Part III of the Constitution of India which grants fundamental

rights can only enforced in totality of the citizens perform their fundamental duties and, thus,

oblige the state to work. If the citizens are not performing their duties, they in fact do not

deserve the rights morally or ethically. Similarly, if the citizens are striving hard towards the

development of their country, this in turn is fulfilment of the promises of the preamble of the

Constitution as well as directive principles of state policies. Thus, fundamental duty is very

closely connected with fundamental rights and directive principles of state policy.

Fundamental Rights are the rights of citizens/ persons against the State. This implies that the

State, being a welfare State, owes a duty towards every individual to ensure every individual

a dignified life. Where Fundamental Rights are the duty cast upon the State to guarantee a

dignified life to every person, Fundamental Duties on the other hand are obligations of the

individual towards the State to ensure that the nation moves towards development.

Similarly, as Directive Principles of State Policy guide the policy making decisions of the

State, Fundamental Duties guide the citizens’ behaviour while conducting themselves as a

citizen of the State.

18

Rural Litigation & Entitlement Kendra v State of Uttar Pradesh (12.03.1985 – SC).

53

CHAPTER 6

IMPORTANCE OF DUTIES

IN THE CONTEMPORARY SET UP

54

“NOT ONCE OR TWICE IN OUR ROUGH ISLAND STORY, THE PATH OF DUTY WAS THE WAY TO

GLORY.” - Tennyson

CHAPTER 6

IMPORTANCE OF DUTIES

IN THE CONTEMPORARY SET UP

The importance of duties in the present set up cannot be over emphasised. At this juncture it

is must that citizens realize their fundamental duties. We as a nation and a society stand badly

divided than ever before, there is rampant corruption at every level at every walk of life.

Casteism and communalism is raising its head and there seems to be complete erosion of

moral values. What we need today is that people of this great country should wake up

towards their duties. We need men of character, competence and integrity who can demolish

the social barriers of cast and community. India today is faced with many problems - to name

a few - illiteracy, poverty, unemployment, under-employment, population explosion and low

per capita income and these can only be solved if the citizens of this country are educated and

value oriented.

6.1 The Apprehensions

If we go for the reasons which are responsible for such sorry state of affairs, we may well

refer to what Mahatma Gandhi had to say in this regard on 24th

January 1922.

“We should remember that immediately on the attainment of freedom, our

people are not going to secure happiness. As we become independent, all the

defects inherent in the system of election, injustice, the tyranny of the richer

class as also the burden of running administration, are bound to come upon

us. People would begin to feel as to why they should have at all invited

these troubles? They would remember the pre-independence days and fell

that during those days, there was more justice, there was better

administration, there was peace, there was honesty to a very great extent

55

amongst administrators, compared to the days after independence. But there

is hope, if education spread throughout the country. From that, people

would develop from their childhood quality of pure conduct, God fearing, of

love. Swaraj would give us happiness only when we attain success in that

task. Otherwise, India would become the abode of grave injustice and

tyranny of rulers.”1

Again Mahatma Gandhi in his ‘Unto the Last’ said:

“Swaraj really means self-control. Only he is capable of self-control who

observes the rule of morality. Does not cheat or come up truth and does his

duty to his parents, wife and children, servants and labours. Such a man is in

enjoyment of Swaraj, no matter where he lives. State enjoys Swaraj, if it can

boast of large number of such good citizens.”2

6.1.1 Relevance in the contemporary world

What Mahatma Gandhi had foreseen, has come true and is visible from the state of affairs

around us. We have failed in our duties and, thus, we have failed in every respect. In such

sorry state of affairs, the only hope lies in the citizens itself. They must arise and awake to

their duty and do it with full zeal and zest. It is because of non-performance of duty and lack

of values that we have persisting corruption, disregard for merit and decline in morality and

violence.

India today stands at a critical cross-road junction. The country is caught in the web of all

pervasive corruption and lawlessness. Mass illiteracy, stark poverty and widespread

unemployment are staring at us. Extremists have grained hold over some parts of the country.

Educational standards have fallen at all levels. The fear and apprehension voiced by the

framers of our constitution have come true. In his concluding address to the Constituent

Assembly, Dr. Rajendra Prasad had observed:

1 Remembering Gandhian education, available at: https://www.educationworld.in/remembering-gandhian-

education/ (last visited on May 18, 2019 at 2:15 PM). 2 L.M. SINGHVI, HUMAN RIGHTS REVOLUTION & FUNDAMENTAL DUTIES IN CITIZENSHIP

DEVELOPMENT AND FUNDAMENTAL DUTIES, 18 (2002).

56

“…whatever the constitution may or may not provide, the welfare of the

country will depend upon the way in which the country is administered.

That will depend upon the men who administer it. It is a trite saying that

country can have only the government it deserves. If the people, who are

elected, are capable & men of character and integrity, they would be able to

make the best even of a defective constitution. If they are lacking in these,

the constitution cannot help the country.”3

Today, India needs nothing more than a set of honest men who have interest of the country

before them. It is unfortunate that idealism has given way to opportunities since long giving

rise to a sense of insecurity, gloom and frustration all over the country.4

In the above circumstances, the only ray of hope for progress and prosperity lies in hard work

and performance of one’s duty. A system which is based on duty conscious people who have

values as their anchor could lead us to economic and social stability.

6.1.2 Role of Law as a solution

We will now consider the question as to whether the law can be a solution to the above crisis

of morality. The law has been treated as a deterrent to criminal activities and enforces the

rules and regulations. There have been number of laws to check corruption, to punish those

who indulge in riotous behaviour and damage public property, to check the environmental

degradation, to protect the sovereignty and integrity of India, etc. Whether these laws have

been able to check the crisis of moral degeneration? The answer lies in negative. The law has

failed to check the erosion of moral values. It is a settled principle that people do not obey law

because of fear of sanction alone. They also obey the law because of the social pressure and

because of the call of their own conscience. As stated earlier, we had laws after laws to curb

corruption, exploitation of labour, women and children but these have failed to achieve the

3 Constituent Assembly of India Debates (Proceedings) - Volume XI, available at:

http://164.100.47.194/loksabha/writereaddata/cadebatefiles/C15111949.html (last visited on May 18, 2019 at

4:40PM). 4 P.R. RAO, THE FUTURE IS IN OUR HANDS – TURNING OVER A NEW LEAF IN NATION

BUILDING, 43 (1997).

57

desired result. In such circumstances, we can only appeal to higher nature of a man so that he

does not resort to illegal activity and performs his duty as demanded by the nation.

Thus, at this juncture, we need a value based, constructive and enlightened citizenship which

can strike a balance between rights and duties. The need of the hour is a broad based national

movement by the citizens so that we may achieve the goals enumerated in the Constitution of

India.

6.2 Conclusion

Duty has always been a subject of debate and discussion with the sages, saints, philosophers

and learned people. There are diverse concepts of duties, varying with historical periods and

nations. However, all the religions as well as civilization of this world have always demanded

that everyone should perform his duty. A nation or civilization where the duty was not

performed by its people, could not develop beyond a certain stage and ultimately got lost in

the history. Only those nations or civilizations came up whose people were duly conscious

and were performing their duty with zeal and zest.

We find in this world that activity is life and non-activity is death. It is in the nature of human

being to act or to remain involved in multifarious activities of body or mind. Not only human

beings but every creature in this world is busy in one kind of activity or another. Amongst

these activities, the duty can be considered to be the highest and the purest one. Every man

must pursue the commands of his morality. Thus, comes the concept of duty which is an

activity based on values.

In present scenario, the duty is something which is the concern of every concerned member

of the human society. There are some people who only have a vague idea of duty. Even those

who are aware of duties do not perform the same. We find only a few one who not only know

about their duties but perform them with all their strength.

58

6.2.1 Need for Fundamental Duties

Performance of duties is must for protection of individuals, institutions and nations. Perhaps

those were the reasons which compelled the legislatures to enshrine the concept of

Fundamental Duties in Article 51-A of the Constitution of India. Though the task of the

legislators is finished by providing the duties in the Constitution but yet the task of the

citizens is not finished as they have to imbibe and implement these clauses which are mere

dead letters if these are not put into actual practice.

6.2.2 Non-Enforcement of Fundamental Duties

The Courts have invariably held that fundamental duties cannot be enforced. We also find

that Directive Principles of State Policy provided in Part IV of the Constitution are also not

enforceable through court of law. Though some of these are being enforced as ‘fundamental

right to life’. Let us examine the implications and possibility of enforcement of fundamental

duties keeping in mind the fact that though there is legislative mandate for non-enforcement

of Directive Principles of State Policy, still these are being enforced by judicial activism.

6.2.3 Non-Enforcement of Directive Principles of State Policy

When we look into Chapter IV of Constitution, we find that it sets the aims and objectives for

the State while governing the country. The idea of ‘welfare state’ envisioned by our

Constitution can only be attained if the State strives to implement these principles. It will,

thus, not be wrong to call these principles as moral duty of the State.

So far its enforceability is concerned, Article 37 clearly states that these cannot be enforced,

though the State is obliged to apply these principles while framing the policies for the nation.

As discussed earlier, the Directive Principles of State Policy are being enforced by extending

the scope of fundamental right to life. Let us now examine whether there is judicial concern

about enforcement of fundamental duties or not.

6.2.4 Dynamism in Evolution

There is no provision in the Constitution of India like Article 37 which specifically states that

fundamental duties are not enforceable but the Courts in earlier judgments had categorically

59

stated that fundamental duties are not enforceable through courts of law. On the other hand,

there is no provision that enforces these duties. Therefore, the enforcement of these duties

remains to be an issue open to discussion. However, we find that court has judicially

recognised and enforced the duty pertaining to protection of environment; ignoring the bar

regarding their non-enforcement. It is, no doubt, an encouraging sign and shows judicial

concern about enforcement of duties.

6.2.5 Citizens’ Dynamism

Besides the provisions made by the legislatures in the Constitution regarding fundamental

duties and activist approach of the courts, we, the people of India, must understand the

importance of duties. We must be clear that in performance of duty lies our rights and

development. We are ordinary human beings who have to work hard for our survival and are,

therefore, supposed to perform our duty to accelerate nation’s progress.

6.2.6 Essence of Duty

Duty should be performed not for any selfish motive but out of love and for welfare of the

people. All those factors which come in one’s way in non-performance of duty have to be set

aside and duty should be performed in a manner as if it is worship.

“To the grumbler all duties are distasteful, nothing will ever satisfy him, and his whole life is

doomed to prove a failure. Let us work hard doing whatever happens to be our duty, and be

ever ready to put our shoulders to the wheel, then only shall we see the light.”5 Thus,

proclaimed Swami Vivekananda. The success, therefore, lies in doing the duty for the sake of

duty only and not for any selfish gain. In this context, one is reminded of a story about a

young boy who saw an old man planting mango seeds and he stopped and said ‘grandfather,

you are planting this mango tree, but do you think you will live to eat its fruits?’ The old man

said ‘my grandson, I may not, but somebody will eat the fruits of this tree.’ It is this kind of

unselfish performance of fundamental duties that will promise success. Human capacity is

manifested in being active.

5 Spirit of Performing Duty available at: http://greenmesg.org/swami_vivekananda_sayings_quotes/work-

spirit_of_performing_duty.php (last visited on March 22, 2019 at 02:35PM).

60

6.2.7 Judicial Trend

The case laws discussed, thus, reveal that Supreme Court and various High Courts are fully

alive and aware about the importance of fundamental duties. Although the Court was

reluctant to enforce the duty at first, but now they are relying upon these duties while

interpreting Fundamental Rights and Directive Principles of State Polity. The trend is, thus,

quite encouraging but still more activist approach is required from the Supreme Court so that

the citizens become aware about their duties and nation progresses towards excellence.

On the other hand it is also observed that increased interference of the Court and increased

level of activism may also serve to be harmful for the nation as it might lead to a number of

unintended consequences. At times the same may lead to vigilantism, at other times it might

lead to decisions that are not holistic because of the non-representative character of the

judiciary. The Court has to be very cautious that if it starts enforcing these duties, there shall

not be any end to litigations. Once the duties are made enforceable, this shall also witness the

rise of frivolous litigations like in the case of Vara Prasad6. Therefore, Courts need to have a

balanced approach while dealing with the matters entailing the aspects of fundamental duties.

It is only when the individuals shall change their behaviour, attitude and mentality that the

duties can be observed. There are a number of statues that proscribe certain behaviours as

mentioned in Part IV-A of the Constitution, however, it has not resulted in the citizens

observing the duties. Penalising the acts and omissions will not help until the individuals feel

the need for change from within.

It is very difficult to conclude this subject of duty which has baffled the learned and

philosophers, but let an ordinary man fund solace and guidance from the words of Swami

Vivekananda:

“Arise, awake and stop not until the goal is reached.”7

The words are few, but the meaning is deep and it is for each individual to imbibe the same

and put it in practice for progress, prosperity and welfare of this great land of ours.

6 K.R.K. Vara Pershad v. Union of India (12.02.1980 – APHC).

7 Supra note 5.

61

BIBLIOGRAPHY

62

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37. Swaran Singh committee recommends new chapter on fundamental duties in the

Constitution INDIA TODAY issued on 15.07.1976 available at:

https://www.indiatoday.in/magazine/indiascope/story/19760715-swaran-singh-

committee-recommends-new-chapter-on-fundamental-duties-in-the-constitution-

819235-2015-04-09.

38. The Constitution (Forty-Second Amendment) Act, 1976 available at:

https://www.constitution.org/cons/india/tamnd42.htm.

Acts & Reports

39. The Indian Penal code, 1860.

40. The Emblems and Names (Prevention of Improper Use) Act, 1950.

41. The Protection of Civil Rights Act, 1955.

42. The Immoral Traffic (Prevention) Act, 1956.

43. The Prevention of Cruelty to Animals Act, 1960.

65

44. The Prevention of Insults to national Honour Act, 1971.

45. The Water (Prevention & Control of Pollution) Act, 1974.

46. The Constitution (Forty-Second Amendment) Act, 1976.

47. The Air (Prevention & Control of Pollution) Act, 1981.

48. The Prevention of Damage to Public Property Act, 1984.

49. The Environment (Protection) Act, 1986.

50. The Indecent Representation & Women (Prohibition) Act, 1986.

51. Justice Verma Committee Report on Constitutional Duties.