Significance of Fundamental Rights
Submitted by Staff on Thu, 30/03/2017 - 3:37pm
Part IV-A of the Indian constitution to the Fundamental Duties was inserted by the 42nd Constitutional Amendment Act 1976 by the recommendation of Sardar Swaran Singh Committee.
The committee was set up to make recommendation about the fundamental duties, whose need was felt during the internal emergency (1975-1977). This part contains only one article namely article 51A having 11 Fundamental Duties. Though initially it contained only 10 Fundamental Duties, but in 2002 after the 86th constitutional Amendment, 11th Fundamental Duties was included.
i) To abide by the constitution & respect its ideals and
institutions, the National flag & the National Anthem.
ii) To cherish & follow the noble ideals which inspired our national struggle for freedom.
iii) To uphold and protect the sovereignty, unity & integrity of India.
iv) To defend the country & render national service when called upon to do so.
v) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic & regional or sectional diversities; to renounce practices derogatory to the dignity of women.
vi) To value and preserve the rich heritage of our composite culture.
vii) OT protect & improve the natural environment including forests, lakes, rivers & wild life, & to have compassion for living creatures. viii) To develop the scientific temper, humanism & the spirit of enquiry & reform.
ix) To Safeguard public property & to abjure violence.
x) To strive towards excellence in all sphere of individual and collective activity so that the nation constantly rises to higher levels of endeavor & achievement.
xi) Who is a parent or guardian to provide opportunities for education to his child or as the case may be, ward between the age of 6 & 14 years. (2003-86th Constitutional Amendment Acts).
a) The Fundamental Duties are non-justiciable - that is, The constitution does not provide for their direct endorsement by the courts. Moreover there is not legal sanction against their violation. However, the Parliament is free to enforce them by suitable legislation.
b) They serve as a remainder to the citizens that while enjoying their rights, they should also be conscious of suties they owe to their countries, their society and to their fellow citizens.
c) They not only serve as a warning against the antinational & antisocial activities but also they serve as an inspiration for the citizen & promote a sense discipline & commitment among them.
d) They help the courts in examining and determining to constitutional validity of the law.
The Fundamental Duties, sometimes become subject of
criticism on the following grounds:
a) The list does not cover important duties like paying taxes, family planning etc.
b) Some of the duties are considered beyond the understanding of the lay man.
c) Sometimes they are criticised for being as a code of moral percepts due to their Non-justiciable character.