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Judicial Stance On Fundamental Duties And Relation With Rights

The Fundamental Rights, Principles of State Policy Directive and Basic Duties are sections of India's Constitution which prescribe a State's basic obligations to its people, as well as that of its people.

The fundamental duties of all people are identified as their moral duty to help encourage patriotism and maintain Indian unity. These duties are to be carried out between individuals and the country under Part IV-A of the Constitution[1]. They are not technically enforceable, as do the Directive Standards.

Society requires people to perform such activities collectively referred to as duties. The Indian Constitution also contains some of these essential duties. On 26 January 1950, the original Constitution was adopted without mentioning the citizens' duties. The people of free India were required to carry out their duties voluntarily.

But not as planned, things went. Therefore, in 1976, the 42nd Constitutional Amendment attached ten fundamental duties to Part-IV of the Constitution in accordance with Article51-A[2]. Although the basic rights are justiceable, however, the basic duties can not be ruled out. The fundamental duties of the citizenry was introduced to the Constitution in 1976 by the 42nd Amendment, on the advice of the Swaran Singh committee[3] that was appointed by the government earlier that year.

It is a fact that the citizens' fundamental duties are being violated and the non-performance of these duties by citizens is not punishable. In 2002 the 86th amendment[4], which introduced an obligation on any parent or guardian on guarantee that the child or care had opportunities for training aged six to fourteen years, originally expanded tenfold, to eleven.

The other fundamental responsibilities require all people to respect Indians' national symbols, including the Constitution, to preserve their heritage, to preserve their composite culture and to help protect it. In addition, all Indians are obliged to cultivate the spirit of popular fraternity, protect the environment and public property, develop scientific temperament, abjure violence and strive for excellence in every field of life. People are legally bound to fulfil these obligations by the Constitution.

However, these are not justifiable, as in the Directive Principles, without any legal penalty for their infringement or failure to meet their requirements. Such responsibilities are referred, and the Indian Constitution is enshrined in Article 51A under the Universal Declaration of Human Rights and the International Pact on Civil and Political Rights[5]. The duties habe been borrowed from the constitution of Japan

Fundamental Duties In India

Eleven basic tasks of each Indian citizen are as follows:

  1. To respect the Constitution and the national flag and anthem;
  2. The noble values that inspired our national freedom struggle to cherish and to follow;
  3. Maintaining and safeguarding India 's sovereignty, integrity and unity;
  4. Defend the country and, when necessary , make national service;
  5. Fostering a sense of unity and a shared fraternal spirit throughout the ethnic , linguistic, regional and sectional diversities among all Indian people and renouncing the practises of derogation to feminine dignity;
  6. The rich heritage of our composite culture is cherished and preserved;
  7. Protect, enhance and show mercy for living beings, including forests , lakes , rivers, and wild life;
  8. The growth of scientific temperament, humanism and study and reform spirit;
  9. The defence and abjurement of public property;
  10. Aim for excellence in all fields of individual and collective action so as to improve and achieve the country constantly.
  11. Offering the guardian's parent, his child or a ward, between 6-14 years of age as the case may be, opportunities for education.

Relationship Between Rights And Duties

The rights and duty of two sides of a coin is completely inseparable. Wherever and wherever we have any rights, we must have corresponding duties. We share rights and obligations in every sphere of our lives, whether this is our home, our community or our world. Our rights are the same as our obligations.

The fundamental tasks are now a revolutionary part of the Indian Constitution. The fundamental duties of citizens are helpful. In particular, if the people can not actively participate in the governance process by responsibilities and obligations of citizenship and the best of the country, no democratic strategy will ever succeed. Some of the fundamental duties enshrined in Article 51A were also implemented by separate legislation.

Whereas the practises and disposition of Indians 'thoughts have become more relevant over the years, citizens' rights against their duties have been illustrated quite exceptionally. In fact, the rights and duties on both sides of the same coin. Each right has an equal obligation. Rights are gained only from well-functioning duties. Duty is an important component of the right: one 's duty is another's right, respects human life and does no harm to another. If each person fulfils their duty, the rights will automatically be retained.

Salmond says "there can be no right without an obligation."
And without responsibilities, it's right that one's life is just as trivial without another. We do not have the right without obligation, without the right and when we speak of a right we are simply dealing with a relationship of "duty / right" between two people here. A bond of duty is necessary for any right or obligation. Consequently, the fundamental duties are designed to remind each person constantly that the constitution gives them those fundamental rights directly. The general principles of democratic action and democratic conduct also have to be upheld.[6]

Scope
Fundamental tasks of nature are compulsory. But the constitution does not specify that these responsibilities must be implemented explicitly. Nor is there a punishment against their breach. However, from the following evidence, the value of fundamental tasks can be measured:
  1. Because rights and duties are two sides of the same coin, the court is likely of refuse to take a lenient stance on it in order to pursue enforcement of the individual's fundamental rights, in the sense that a person approaches the court for enforcement of any of his fundamental rights.
     
  2. The meaning of vague statutes can be used by them. b. In reading wrong laws, which authorise two constructions, the court should look at the basic tasks.
     
  3. While the constitutionality of any law is decided, if the Court finds it may seek to enforce any of the tasks, it can deem that law 'fair,' thus safeguarding that a law from unconstitutionality.[7]

Explanations
Article 51 A: Every person was obliged to carry out certain duties known as fundamental duties under this Article of our Constitution. These are described as all citizens' moral obligations to promote and maintain the unity of India, in a spirit of patriotism.[8]
  1. To respect the Constitution and national anthems and flags;
    The first and most important responsibility entrusted to all people of Indian territory is to uphold the Constitution and the National Flag and Anthem, its values and institutions. These are our citizenship's very physical foundations. We must all respect the integrity of the Constitution by not taking any action contrary to the Constitution 's letter or spirit.

    Ours is an enormous nation with a wide variety of languages and subcultures and religious and ethnic diversities, but one Constitution, one flag, one people and one citizenship is the basic unit of this nation. This Constitution regulates and guides all of us, regardless of caste, faith, race , sex, etc. The Constitution is based on the various commitments, promises and commitments rendered to the Indian people by nationalist leaders.

    It also represents reconciliation efforts, accommodation and compromise efforts. It protects all of us and each one of us's constitutional rights[9]. The National Flag is, likewise, symbolising our heritage, sovereignty, solidarity and pride. If an India citizen shows a disregard for the Constitution, for the National Anthem or for the national flag by some open or covert act, this would not merely be an anti-social and against national activities but would also diminish our rights as people of a sovereign country and its very life.

    Therefore, every citizen must not only refrain from such practises, but must also do his best to avoid any misconduct which attempts to show disrespect for our national symbols. Because of their devotion, sincerity and patriotism, every nation is proud of its people. Our country, our constitution, our national flag and our national anthem must be proud of us, people of India, alike. We have to position the nation above our own personal narrow interests and only then can we preserve our hard-earned sovereignty and independence.
     
  2. Cherish and pursue the noble values that guided our national freedom struggle; Indians must appreciate and follow the noble ideals that inspired national freedom struggle. It was a long fight to free thousands of people for our independence who lost their lives. It is our duty to remember our ancestors' sacrifices for the country's sake.

    But, even more importantly, it is to note the values of our particular war, imbue them and to obey them. It was not just a fight for India 's democratic liberty. It was for the people around the world's social and economic liberation. Its goals were to create a just society and a united nation of freedom of liberty, non-violence, fraternity and world peace.
     
  3. Enhance and safeguard India's sovereignty, unity and integrity; The principle of respecting or protecting the sovereignty, unity or integrity of India imposes on every Indian citizen an essential duty. In the nature of traitors and spies, this is a prohibitive duty.
     
  4. To defend the country and render national service when called upon to do so; It is considered axiomatic in modern nation countries that every citizen is bound to stand up for war or external aggression in this country. Today's wars are not just fought on the battlefield nor won by the armed forces alone; citizens in many ways play their most important role. Sometimes, civilians may be required also to take up arms in defence of the country.[10]

Promoting unity and the spirit of common brotherhood through religious , linguistic, regional and sectional diversity between all the Indians and renouncing practises derogative of women's dignity, ; the mission of fostering unity with the popular spirit of fraternity among all the Indians is mainly a product of the fundamental principle of the fraternity enshrined in the Preamble to the Constitution.

India has numerous castes, languages , religions and many different cultures, but we are one people, one flag and one nationality. The brotherhood of the citizens of a country like India would normally be seen as one family in the entire world. We also have a constitutional obligation in the Constitution to ensure that all disregarding practises of women 's integrity are abandoned.

That should generally come again to a country where it is an aphorism to worship Gods. It is up to us to resolve degenerations and aberrations which tarnished our society 's reputation later on.
  1. To respect and conserve our composite culture's rich heritage;
    Preserving our rich cultural heritage is another fundamental obligation of every Indian citizen. One of the most noble and wealthy is our cultural heritage. It is also part of the world's patrimony. We must preserve and pass on to future generations what we've inherited from the past. In reality, the sand of time is defined by every generation.

    What our ancestors have created and legated to us in succession as symbol of their artistic excellence and achievement must be valuable and cherished. Generations to come are always inspired by past history that stimulates them to reach ever higher levels of success and excellence. It is every citizen's ardent responsibility, in no way damages, defamations, scratches or the greed of unscrupulous merchants and smugglers, to ensure these monuments or works of art.

To protect, enhance and have respect for living beings, including trees, lakes , rivers and wildlife;
Faced with the threat of growing pollutants and environmental degradation, it is the task of every citizen, including forests , lakes , rivers and wildlife, to safeguard and improve nature, and to have compassion for living things. The rising contamination of air , water or noise and the large forest denudation cause tremendous damage to any human being's life on earth. In the form of natural calamities and imbalances, mindless and wilful deforestations in the name of development needs lead to catastrophism.

We can help save the future of our fellow people and planet Earth itself through the preservation of our forest cover, the planting of new trees, cleaning rivers, water conservation, the reforestation of wastelands, mountains and towns, and pollution control in cities , villages and industrial sites. A concerted effort, a consciousness movement and a prepared strategy are needed to make change through voluntary citizens' initiatives.[11]
  1. To develop the scientific temperament, humanism and the research and reform spirit; Every person has a bound duty to uphold and support scientific sentiments and the spirit of investigation that will keep pace with the rapidly changing world. The Constitution also orders that science and technology must be tempered by a sense of humanism, as the human being and quality of life and relationships are developed, ultimately, as an end of every progress.
     
  2. Defense and abjuration of public property; It is most unfortunate that we see from time to time spectacles of senseless violence and degradation of the public property in a country that preaches non-violence to the rest of the world. That is why the "preservation of public property and abjuration of abuse" obligation was needed as a fundamental citizen 's duty.
     
  3. Aiming for excellence in all fields of individual and collective action, in order for the country to continuously develop to higher levels of endorsement and achievement. Time demand and a basic requirement of a high-competitive world are a driving force for excellence in every field of personal and collective activity. Nothing but the best could be survived in the world for tomorrow. This would include respect for professional obligations and excellence.
     
  4. Provide the parent the guardian, his son, or a ward between the age of six and 14, as the case may be, with educational opportunities.

Value And Significance Of Fundamental Duties

  1. They remind citizens that they should also be aware of their obligations to their country, their society and their fellow nationals while enjoying their rights.
  2. They are a sign of anti-national and antisocial behaviour, such as the flag-burning, the destruction of public property, etc.
  3. Working for people as a source of motivation and cultivating discipline and involvement amongst them. They build a feeling of people as active participants in achieving national goals rather than as mere spectators.
  4. They support the courts in reviewing and defining the validity of the constitutional law. In 1992, the Supreme Court ruled that if a court finds that the legislation in question attempts to enforce a fundamental obligation in deciding the constitutionality of any law, it will deem such legislation 'fair' in connexion with Article 14[12] (equalité avant loi) or Article 19 (six liberties) and thus protect the law from unconstitutionality.
  5. By law, they can be enforced. Parliament can therefore provide for the imposition or punishment of an appropriate penalty if any of them are not met. The fundamental duty is to define all citizens' moral obligations to help foster the spirit of patriotism and to uphold India's unity.[13]
     

Judicial Dynamics
  1. M.C.Mehta (2) V. Union Of India (1983) 1 SCC 471 [14]:-
    Under Article51-A(g), the Supreme Court held that the central government is necessary to implement compulsory classes in the entire educational facility of the country for at least an hour a week in respect of the safety and enhancement of natural ecosystems. It instructed Central Government to write textbooks on this subject and to make them available free of charge to the educational institution. To make the people aware that the environment is clean, it suggested that we want to organise-to keep the city clean during a week, to keep the city clean, to keep your village clean at least once a year in every city, town and village of India.
     
  2. AIIMS Student Union V. Aiims Air 2001 SC 3262[15]:
    In this case, when the institutional reservation of 33 percent for AIIMS, combined with a 50 percent reservation as a violation of Article 14 of the Constitution, was deemed just as important as fundamental Rights, it was seen that the fundamental duties enshrined in Art. 51A were equally important.

    Tough basic tasks are not enforceable as fundamental rights. But they can not ignore the fact that "duties" in Part IV are prefixed by the same word, "fundamental," which in Part III was prefixed by the founding fathers in the Constitution to the right. However, Article 51A does not place a basic obligation on the state. The truth is that every person is obliged to fulfil his or her collective obligation.

    All reserves must also be reasonable to accept apart from the substantive nature of the constitutional anvil. One aspect to take into account in evaluating rationality is whether the reserve character and quantity can stop or accelerate to achieve the ultimate objective of excellence that enables nations to grow continually to higher levels.

    It was also found that while the Court's writings do not impose fundamental duties, they still provide a valuable guide and guidance in understanding constitutional and legal matters. In the case of doubts or a preference of the will of individuals as expressed by Art.51A, the relief for which the court is required may be arranged or modelled as a guide for resolving the issues.
     
  3. Aruna Roy V. Union Of India Air 2002 SC 3176[16]:
    In this case the validity of National Curriculum System for School Education was questioned on the ground that it was violative of art.28 of the constitution and anti-secular. It offers value-added education on the fundamentals of all faiths. The court held that "faith education" under Art. 28 was not referred to by the NCFSE. what sought to be imparted is incorporated in art.51A(e) which provides " to foster unity and the spirit of common brotherhood between all the people of India transcending religious , linguistic and regional or sectional diversities; to renounces practises derogatory to the " dignity of woman ".

    And to see that fundamental principles such as truth related actions, harmony, love and non-violence be the cornerstone of education. Accordingly , the Court held that such schooling does not contravene either Article 28 of the Constitution or the principle of secularism.
     
  4. Government Of India V. George Philip Air 2007 SC 705[17]:
    The respondent questioned the mandatory withdrawal from service in this situation. The department gave him leave for advanced training in science. The department granted him leave to take advanced trainings in science. For two years he was given leave. He remained in a foreign country amid frequent reminders, and after the expiration of his leave, he entered his duty. An investigation against him was launched and an allegation was demonstrated that he had lived in a foreign country.

    He was obligatorily removed. The court and the high court granted him the relief that he should join his unpaid duty. The high court order has been set aside by the Supreme Court. The Supreme Court found that Article 51A(j) place on individuals the responsibility to pursue excellence in all fields which can only be accomplished without discipline which commitment to duty on the part to employees.

    The courts do not issue orders that appear to contradict the constitution or undermine it rather than to achieve underlying spirit and the purpose of Part IV A. The absence of government employees in over-leave and the allowance of six months to enter duty is not only a reward for the indiscipline but a completely subversive element in organisational work cultures.
     
  5. Dr.Dasarathivs. State Of Andhra Pradesh (Air: 1985 AP 136)[18]:
    In accordance with Article 51A(j) of the Constitution, it has been held that we all have a duty for ourselves to strive for excellence in all fields of individual and collective activity in order to make this nation steadily more efficient and effective. The State can do this only by the approaches that can be adopted by our constitution if it undertakes to foster excellence. The acceptance of sycophancy only helps to delay economic and excellence growth.

Critical Analysis
Fewer kids are employed in unsafe conditions today, but in the eye of many opponents and defenders of human rights, their employment in non-hazardous employment, primarily domestic aid, breach the constitutional spirit. More than 16.5 million children have a job.[102] Indeed, by the extent of perceived corruption among public officials and politicians, ranked 88 out of 159 countries in 2005. 1990-1991 has been proclaimed the year of Social Justice in B.R 's memory.

Ambedkar. Free textbooks are available from the State to students from scheduled medical and engineering classes and tribes. The government has implemented the Scheduled Caste and Scheduled Tribal Act (Prevention of Attributes) of 1989, prescribing severe punishments for such action, to protect scheduled castes and tribes from discrimination.

The Fair Labor Wages Act of 1948 empowers government authorities to set minimum wages for workers who work across the economic spectrum. In order to achieve the goal of providing profitable employment for rural poverty, the 1976 Equal Remuneration Act establishes equal pay for equal work for men and women. The Sampoorna Grameen Rozgar Yojan (Universal Rural Jobs Programs) was launched in 2001. The Panchayati Raj Institutions have introduced the programme.

Since basic duties are not included in Part III (basic rights) of the Constitution, the parliament has the freedom to provide for effective legislation and no Constitutional legal remedy for compliance of duties.

As criticised, certain essential duties such as cast votes, payment costs, family planning etc. are omitted from this list of fundamental duties.

Some complex words such as "composite society" or "noble ideas" are difficult for a average citizen to grasp and cause any simple duties to be violated. The SC agreed that the Sanskrit heritage as citizens of this country vary in a variety of ways.

Conclusion
Citizens' basic duties are useful. In particular, no democratic strategy will ever succeed if the people are unable to engage actively in the governance process by taking on obligations and performing the duties of citizenship and to give the nation their best. Separate laws also adopted some of the basic duties enshrined in Article 51A. For example, respect for the national flag and the national anthem is one of the first duties.

The rule is punishable by disrespect. Appreciation of and preservation of the rich heritage of the mosaic in India should help to weld our people into one nation, but much more than Article 51A, it will be necessary to deal equally with all people, to respect every religion and not to make it a bone of contention among different communities in that country.

The key task we face is to reconcile the individual citizens' and the civil society's demands. In order to do so, it is necessary to guide a citizen to his social and citizenship obligations and to form the culture in such a way that the inherent rights of our fellow citizens are taken into consideration and taken into consideration.

Therefore, our citizenry awareness is as important as our rights awareness. All rights imply a corresponding obligation, but any obligation does not imply a corresponding right. Man isn't working alone with himself. He lives for both the good and the good of others.

It is this knowledge of what is right and wrong that makes a person accountable to himself and to society and instils this knowledge into the citizenship of him. The foundation of human dignity and national character are the fundamental tasks. If every person fulfils their duties irrespective of caste , religion, colour and language, much of the discomfort, if not conquered, in the present world can be contained and society as a whole lifted. The nature of civilised life is in rich , poor, dominant or weak loyalty at all costs and risks to the obligation of citizens.

End-Notes:
  1. http://legislative.gov.in/constitution-forty-second-amendment-act-1976
  2. https://doj.gov.in/sites/default/files/Fundamental-duties_0.pdf
  3. https://www.vifindia.org/article/2018/july/31/swaran-singh-committee-and-39-42-amendments
  4. https://www.drishtiias.com/to-the-points/Paper2/right-to-education
  5. https://treaties.un.org/doc/publication/unts/volume%20999/volume-999-i-14668-english.pdf
  6. http://sri.nic.in/sites/default/files/Fundamental%20Rights%20vs%20Fundamental%20Duties.pdf
  7. http://www.eenadupratibha.net/Content/PublishFiles/26DF4A54-2C0F-4A38-88BC-C6AA957355F3/start.html
  8. https://indiankanoon.org/doc/867010/
  9. https://doj.gov.in/sites/default/files/Fundamental-duties_0.pdf
  10. https://www.divahspriklawnotes.com/post/fundamental-duties-article-51a-of-indian-constitution
  11. https://legalaffairs.gov.in/sites/default/files/(V)Effectuation%20of%20Fundamental%20Duties%20of%20Citizens.pdf
  12. https://indiankanoon.org/doc/367586/
  13. https://www.drishtiias.com/daily-updates/daily-news-editorials/relevance-of-fundamental-duties
  14. M.C.Mehta (2) v. Union of India, (1983) 1 scc 471
  15. AIIMS Student Union V. AIIMS Air 2001 SC 3262
  16. Aruna Roy V. Union Of India Air 2002 SC 3176
  17. Government Of India V. George Philip, Air 2007 SC 705
  18. Dr.Dasarathivs. State Of Andhra Pradesh, (Air: 1985 AP 136)

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