Fundamental Duties Enforceable by Law

The Constitution of India, being a living document, not only guarantees fundamental rights to its citizens but also imposes certain duties. These duties, known as Fundamental Duties, are enshrined in Article 51A under Part IV-A of the Constitution. While they were originally included as moral obligations to remind citizens of their responsibilities towards the nation, there has been increasing debate and legal discourse on the enforceability of these duties by law.

This article seeks to explore the concept of Fundamental Duties, the rationale behind making them enforceable by law, existing legal provisions, relevant judicial pronouncements, challenges in enforcement, and possible ways forward to ensure that Fundamental Duties are respected and followed as legally binding obligations.

The Origin and Nature of Fundamental Duties

Fundamental Duties were introduced in the Constitution of India by the 42nd Amendment Act, 1976. This insertion was based on the recommendations of the Swaran Singh Committee, which was appointed to examine the working of the Constitution. The duties were included to inculcate a sense of discipline and commitment among citizens alongside their rights.

Originally, ten Fundamental Duties were listed under Article 51A. Later, the 86th Amendment Act, 2002, added an eleventh duty mandating parents and guardians to provide education to their children between the ages of six and fourteen years.

It is important to note that Fundamental Duties, like the Directive Principles of State Policy, are non-justiciable. This means that citizens cannot approach courts to enforce these duties, unlike Fundamental Rights which are justiciable and enforceable in courts.

Why Make Fundamental Duties Enforceable by Law?

Though Fundamental Duties are non-justiciable, their enforcement has gained attention for several reasons:

Balance Between Rights and Duties

A democratic society thrives on the balance between individual rights and duties towards the nation. While citizens enjoy rights such as freedom of speech, equality, and religious freedom, they must also uphold duties like respecting the national flag, preserving public property, and promoting harmony.

Without enforceability, Fundamental Duties risk remaining mere moral exhortations, lacking the deterrence necessary to prevent anti-national or anti-social acts.

Maintaining Public Order and National Integrity

In recent times, incidents such as disrespecting the National Flag or the National Anthem, destruction of public property during protests, and rising communal tensions have underscored the need to give legal force to duties that protect sovereignty, unity, and social harmony.

Supporting Constitutional Values

When laws are enacted to give effect to Fundamental Duties, courts are more likely to uphold them as reasonable restrictions on Fundamental Rights. This supports the overall objective of preserving the Constitution’s values and national interest.

The List of Fundamental Duties under Article 51A

Article 51A lists the following duties that every citizen of India is expected to perform:

1. To abide by the Constitution and respect its ideals, institutions, the National Flag, and the National Anthem.
2. To cherish and follow the noble ideals which inspired the national struggle for freedom.
3. To uphold and protect the sovereignty, unity, and integrity of India.
4. To defend the country and render national service when called upon.
5. To promote harmony and the spirit of common brotherhood amongst all people, transcending religious, linguistic, and regional diversities; and to renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
8. To develop scientific temper, humanism, and the spirit of inquiry and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity.
11. To provide opportunities for education to one’s child or ward between the age of six and fourteen years (added by the 86th Amendment).
    

Existing Legal Provisions Partially Enforcing Duties

Though no single comprehensive legislation enforces all Fundamental Duties, some laws give legal effect to certain duties:

These statutes reflect Parliament’s attempts to enforce specific duties. However, many Fundamental Duties remain outside direct legal enforcement.

The Supreme Court’s Views on Enforcement of Fundamental Duties

The Supreme Court has addressed the enforceability and importance of Fundamental Duties in several landmark cases:

AIIMS Students’ Union v. AIIMS (2001)

The Court emphasised that Fundamental Duties are as important as Fundamental Rights. While they may not be enforceable in the same manner, their constitutional status commands respect and attention.

Shri Ranganath Mishra v. Union of India (2003)

The Court held that Fundamental Duties should be enforced through a combination of legal and social sanctions. It observed that mere legal sanctions may not be enough, and social awareness is equally important to instil a culture of duty among citizens.

The Court’s stance reveals that although Fundamental Duties currently lack direct enforceability, their moral force must be bolstered by both laws and public consciousness.

Challenges in Making Fundamental Duties Fully Enforceable

Several challenges complicate the direct enforcement of Fundamental Duties:

Vagueness and Ambiguity

Some duties, such as “develop scientific temper” or “strive towards excellence”, are broad and subjective. It is difficult to draft laws with clear standards for these aspirational duties.

Balancing Fundamental Rights and Duties

Overzealous enforcement could infringe upon fundamental rights like freedom of speech and expression. For example, imposing penalties for disrespecting the National Anthem should not curtail legitimate dissent.

Hence, laws must strike a careful balance, ensuring duties do not become tools for suppressing democratic freedoms.

Social Acceptance and Awareness

Enforcement requires citizens’ understanding and acceptance. Without education and sensitisation, laws may be ineffective or provoke resistance.

Administrative Capacity

Effective enforcement demands institutions capable of monitoring, investigating, and prosecuting violations. Without such mechanisms, legal provisions remain ineffective.

The Case for a Comprehensive Fundamental Duties Law

Currently, enforcement is scattered across various laws. A single comprehensive law could:

• Define duties clearly and precisely.
• Specify penalties and enforcement authorities.
• Protect against misuse by incorporating safeguards.
• Provide mechanisms for public education and awareness.

Such legislation would provide clarity and consistency, helping courts and authorities enforce duties while respecting rights.

International Perspectives on Enforceability of Duties

Several other constitutions place duties alongside rights:

• Russia (Former USSR): Rights and duties were both justiciable, inspiring India’s Fundamental Duties.
• South Africa: The constitution acknowledges duties accompanying rights but limits enforceability to protect freedoms.

These examples suggest that enforceability is possible with careful drafting and safeguards.

Conclusion

Fundamental Duties are essential to India’s democratic fabric, reminding citizens that rights come hand in hand with responsibilities. While their current non-justiciable nature limits direct enforcement, there is a strong case for giving these duties legal sanction.

A comprehensive and carefully crafted legal framework, supported by public awareness, can ensure that duties become an active part of civic life. This will strengthen India’s constitutional ethos and promote a responsible citizenry committed to the nation’s growth, unity, and integrity.