EFFECTUATION OF FUNDAMENTAL DUTIES

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Context: 

The Supreme Court of India is examining the petition to develop clear regulations and processes to ensure commitment to fundamental duties specified in the Constitution.

Details

• The Supreme Court is hearing a plea filed by lawyer Durga Dutt asking the Central Government to adopt specific rules to ensure obedience to the Fundamental Duties enshrined in Article 51A of the Indian Constitution.
• The petition highlighted that the failure to comply with Fundamental duties hurts Fundamental Rights, particularly those guaranteed by Articles 14 (Right to Equality), 19 (Freedom of Speech), and 21 (Right to Life).

Highlights of Arguments made by the Attorney General of India in the Court

• He emphasised balancing legislative action, judicial oversight, and civic responsibility when enforcing and promoting fundamental duties.
  • • It involves enacting duty-specific legislation to address duties such as environmental protection or promoting national integration.
• He said the judges should refrain from directing the legislature to pass legislation enforcing Fundamental Duties.
  • • The judge should respect the separation of powers and not direct legislators to introduce specific laws.
• He highlighted a 1998 government committee formed to teach and implement Fundamental Duties in educational settings.
• He emphasised the importance of active government initiatives to raise citizens' understanding of their responsibilities.
• The Attorney General has urged the Supreme Court to recognise the government's efforts to promote Fundamental Duties and to close the case.
  • • He proposes that the court complete the matter with proper guidelines, allowing suggestions without interfering with legislative or executive processes.

Attorney General of India (AG) ●He is the chief legal advisor to the Indian government. ●The President appoints him on the advice of the Union Cabinet. ●He must be qualified to be appointed as a Judge of the Supreme Court. ●The AG holds office during the pleasure of the President, with no fixed tenure.

About Fundamental Duties

• Fundamental duties are an essential part of the Indian Constitution, defined in Part IV-A under Article 51A.
• They apply only to Indian nationals, not foreigners residing in or visiting India.
• Unlike fundamental Rights, fundamental Duties are not legally enforceable, and there are no fines or sanctions for noncompliance.
• Parliament has the authority to pass legislation that promotes or enforces these duties, such as laws promoting environmental protection or public order.

Evolution ●The Fundamental Duties were not mentioned in the original Constitution adopted in 1950. ●The Swaran Singh Committee (1976) recommended including Fundamental Duties in the Constitution. ●The 42nd Amendment Act (1976) established Part IV-A  to include 10 Fundamental Duties. ●The 86th Amendment Act (2002) included an eleventh duty.

List of Fundamental Duties

1. Respect for the Constitution: Abide by the Constitution and honour its ideals, the National Flag, and the National Anthem.
2. Cherish Freedom Struggle Ideals: Follow the noble ideals that inspired India’s struggle for independence.
3. Uphold Sovereignty: Protect and preserve India's sovereignty, unity, and integrity.
4. Defend the Country: Be prepared to defend the nation and serve when required.
5. Promote Brotherhood: Foster a spirit of harmony among all people and reject practices that undermine women's dignity.
6. Preserve Cultural Heritage: Value and safeguard the rich cultural heritage of India.
7. Protect the Environment: Contribute to environmental conservation and show compassion towards living creatures.
8. Develop Scientific Temper: Cultivate a scientific attitude and spirit of inquiry and reform.
9. Safeguard Public Property: Protect public property and eschew violence.
10. Strive for Excellence: Aim for excellence in personal and collective endeavours.
11. Ensure Education for Children: Provide educational opportunities for children aged 6 to 14 (added by the 86th Amendment Act, 2002).

Important Supreme Court Judgments on Fundamental Duties
Case	Context	Supreme Court’s Pronouncement
Chandra Bhavan Boarding and Lodging v/s State of Mysore (1969)	●Constitutional validity of labour laws imposing minimum wages for employees	●Emphasised the balance between Fundamental Rights and Duties. ●Highlighting the importance of social welfare responsibilities alongside individual rights.
Balaji Raghavan v/s Union of India (1995)	●Constitutional validity of National Awards	●The court affirmed that National Awards recognise merit and incentivise citizens to strive for excellence.
M.C. Mehta v/s Kamal Nath II (2000)	●Environmental degradation caused by a private company	●Recognised the importance of protecting the environment as a Fundamental Duty under Article 51A(g). ●It reinforces the civic responsibility to protect and improve the natural environment.
Rangnath Mishra Commission Case (2003)	●Implementation of recommendations for disseminating information on Fundamental Duties	●It directed the Union Government to implement recommendations for public awareness about Fundamental Duties. ●        Highlighting the need to educate citizens on their responsibilities.
Javed v/s State of Haryana (2003)	●Constitutionality of a law disqualifying candidates with more than two children from Panchayat elections	●It emphasised that Fundamental Duties are as crucial as Fundamental Rights and must be honoured for societal progress.
In Re Ramlila Maidan Incident v/s Home Secretary (2012)	●Police action during a protest at Ramlila Maidan	●Emphasised that while citizens enjoy fundamental rights, they must also obey lawful orders and maintain public order. ●It highlights the balance between rights and duties.

Effectuation of Fundamental Duties

The "effectuation of Fundamental Duties" provision in the Constitution aims to promote civic responsibility by actively carrying out and respecting the duties mentioned under Article 51A.

Strategies for Implementing and Promoting Fundamental Duties

• The education system should include Fundamental Duties in curriculums to promote social harmony and national unity.
• The government can promote citizens' Fundamental Duties through mass media campaigns, social media involvement, and billboards.
• The government can encourage good behaviour by rewarding persons and organisations that respect fundamental duties, such as promoting national unity or environmental protection.
• The government can take administrative measures to encourage compliance, such as requiring community service or organising awareness campaigns in partnership with local authorities.
• Civil society and non-governmental organisations (NGOs) can encourage civic duty through community projects such as cleanliness drives and tree planting.
• Linking corporate Social Responsibility (CSR) initiatives to Fundamental Duties such as environmental sustainability and education can increase corporate sector engagement.
• Religious and cultural organisations can use their power to promote civic duties such as respect, tolerance, and national unity.
• Government officials and agencies should be held accountable for carrying out these responsibilities through policy choices, administrative orders, and public service initiatives.
• Youth engagement through volunteers can be achieved through various efforts, including National Service Schemes, university and college programs, and digital platforms.

Justice Verma Committee for Effectuation of Duties

• The Justice J.S. Verma Committee was established in 1998 to address the rising need for an organised plan to enforce Fundamental Duties.
• The Committee advocated methods for instilling civic consciousness in individuals, primarily through education and legal frameworks.

Laws identified by the Justice Verma Committee for the enforcement of Fundamental Duties

Law	Details
Prevention of Insults to National Honour Act, 1971	●This act makes it illegal to disrespect the National Flag, the Constitution of India, and the National Anthem, ensuring respect for national symbols.
Protection of Civil Rights Act, 1955	●It provides legal measures and punishments against offences like untouchability and protects equality and civil rights across castes and religions.
Representation of the People Act, 1951	●It holds MPs and state legislators accountable for corrupt practices like seeking votes based on religion and fostering ethical conduct in the electoral process.
Wildlife (Protection) Act, 1972	●It promotes wildlife conservation and biodiversity protection by regulating hunting and protecting endangered species.
Forest (Conservation) Act, 1980	●It ensures proper conservation of forests and sustainable development by regulating deforestation activities.

Conclusion

Fundamental duties are essential for establishing a responsible and harmonious community, developing ethical behaviour, and promoting national unity. Ensuring their active promotion and integration into educational and societal frameworks is essential for realising their full potential and strengthening India's democratic fabric.

Source:

Indian Express

Indiankanoon

Telegraph

PRACTICE QUESTION Q.Critically analyse the challenges that India faces in implementing Fundamental Duties. What steps can be taken to address these difficulties? (250 Words)