It is the judiciary that safeguards these rights of the citizens. It is the longest written constitution of any sovereign country in the world, containing 448 articles in 25 parts, 12 schedules and 97 amendments. This committee was under the Chairmanship of Sardar Swaran Singh, India's longest-serving union cabinet minister and based on its recommendations, the government incorporated several changes to the Constitution including the Preamble, through the 42nd Amendment of the Constitution of India which included the fundamental duties of Indian Constitution. Article 48A mandates the State to and safeguard the forests and wildlife of the country, while Article 49 places an obligation upon the State to ensure the preservation of monuments and objects of national importance. The program was implemented through the. Fundamental duties were added by 42nd and 86th Constitutional Amendment acts.
. The scope of these articles, particularly with respect to the doctrine of , was heavily debated by the Constituent Assembly. Article 14 guarantees equality before law as well as equal protection of the law to all persons within the territory of India. Conclusion The Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State. The fundamental of duties cannot be strengthened unless all Indian citizens perform their duties individually and earnestly. In this category fall the items to abide by the Constitution, respect the National Flag and the National Anthem, to defend the country and render national service when called upon to do so and safeguard public property. For most of the citizens these duties are not only a source of inspiration but also promote discipline and commitment among them.
Thus it can be said that in a democracy like India, citizenship involves not only freedom but also a responsibility. Finally, the very fact that these duties figure in the constitution, keeps the door open for the duties to be given higher constitutional at status in future through constitutional amendments. If legislation and judicial directions are available and still there are violations of duties by the citizens, this would call for other strategies for making them operational. Constitution was formed on the 26th of November in 1949 by the Constituent Assembly and came into force on the 26th of January 1950. Britain and Canada lay emphasis in the Common Law and its judicial decisions to govern rights and duties of its citizens.
The incorporation of the right to pay taxes as part of Fundamental Duties in the Constitution will shift the onus onto the taxpayer to pay taxes rather than the tax department to collect them. After coming to terms with the comprehension that the rights and duties of the citizens are interwoven and correlative, our parliamentarians finally inserted the through the enactment of 42 nd Constitutional Amendment Act in 1976. They serve as a source of protection of the liberty of the people. The Universal Rural Employment Program was launched in 2001 to attain the objective of providing gainful employment for the rural poor. Article 23 prohibits , making it an offence punishable by law, and also prohibits or any act of compelling a person to work without wages where he was legally entitled not to work or to receive remuneration for it. The legal utility of fundamental duties is similar to that of the directives; while the Directives are addressed to the state, so are the duties addressed to the citizens, without any legal sanction for their violation.
It is the citizen responsibility to realize that it is in their own interest to perform their duties and discharge their 134 legal and Constitutional obligations whole-heartedly because only by doing so individually they can help the growth of the Democratic Republic collectively. The fundamental duties look at the crises in Indian society and become a tool for straightening out the crises. Enforceability of Fundamental Duties The fundamental duties enjoined on citizen under Article 51-A should also guide the legislative and executive actions of elected or non-elected institutions and organisations of the citizens including the municipal bodies. Thus, they serve to emphasise the model of the Constitution and emphasise the positive duty of the state to promote the welfare of the people by affirming social, economic and political justice, as well as to fight and ensure individual dignity, as mandated by Article 38. In this scenario, if Fundamental duties would have been made enforceable, it would have resulted in causing chaos and harassment among people. Clauses b , d , f , h and j require the citizens to perform these Fundamental Duties actively. The Forty Second Amendment, 1976.
They are enforceable by the courts, subject to specific restrictions. The sub-committee drafted the Fundamental Rights and submitted its report to the Committee by April 1947, and later that month the Committee placed it before the Assembly, which debated and discussed the rights over the course of the following year, adopting the drafts of most of them by, December 1948. Article 25 guarantees all persons the and the right to preach, practice and propagate any religion of their choice. By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated. According to the Cabinet Mission plan, the Assembly was to have an Advisory Committee to advise it on the nature and extent of , protection of minorities and administration of tribal areas.
However, awards such as the have been held to be valid by the Supreme Court on the ground that they are merely decorations and cannot be used by the recipient as a title. It has been incorporated to eradicate superstitions in which India is deeply soaked and to remove the ban of religious fanaticism, regional chauvinism and linguistic frenzy which have ever plagued India and retarded her unification into a cohesive society. The drafting of the Fundamental Rights was influenced by the adoption of the by the and the activities of the , as well as decisions of the in interpreting the Bill of Rights in the. However, before 1950, 26 January was called Independence Day. Citizens are expected to behave in accordance with the ideal code of conduct parallel to fundamental duties and no legal action can be initiated for non-performance of fundamental duties. The right to education at elementary level has been made one of the Fundamental Rights under Article 21A by the 86th Constitutional amendment of 2002. Several enactments, including two Constitutional amendments, have been passed to give effect to this provision.
However, quite often the question arises as to whether that right also implies an obligation. There is neither specific provision for enforceability nor any specific prohibition. Clauses b , d , f , h , j and k require the citizens to perform these Fundamental Duties actively. The Fundamental Rights can be enhanced, removed or otherwise altered through a , passed by a two-thirds majority of each. This decision evoked outrage in the Muslim community, which sought the application of the and in response the Parliament passed the Muslim Women Protection of Rights on Divorce Act, 1986 overturning the Supreme Court's verdict.
A person cannot expect to enjoy all the privileges and freedom under the law without performing their corresponding fundamental duties. The Directive Principles may be classified under the following categories: ideals that the state ought to strive towards achieving; directions for the exercise of legislative and executive power; and rights of the citizens which the State must aim towards securing. In 1976, the fundamental duties of citizens were added in the Constitution. These are, in fact, homilies to be taught in schools and colleges, rather than to be incorporated in the Constitution as Fundamental Duties. The citizen, it is expected, should be his own monitor while exercising and enforcing his Fundamental rights. Article 28 prohibits in a wholly State-funded educational institution, and educational institutions receiving aid from the State cannot compel any of their members to receive religious instruction or attend religious worship without their or their guardian's consent.
It includes the , the , the Government and legislature of the. Besides the English version, there is an official Hindi translation. As a consequence, partial or total has been introduced in several states, but financial constraints have prevented its full-fledged application. One cannot enforce these fundamental duties legally. The article provides detail insights about Fundamental duties of Indian Constitution, list of fundamental duties, importance of fundamental duties mentioned in Indian Constitution and related information.