Article 51A - Fundamental Duties

Legal Journey
Oct 26
4 min read

Fundamental Duties

Part IV-A

(Article 51A)

- Inspired by the Constitution of the USSR (now Russia).

- Part IV-A was inserted by the 42nd Constitutional Amendment Act of 1976.

- It consists of only 1 Article, namely, Article 51-A.

- But, it consists of 11 fundamental duties for citizens, originally 10.

- Added on the recommendation of the Swaran Singh Committee.

- The committee recommended 8 duties, but the 42nd Amendment (1976) incorporated 10 duties.

- Rejected recommendations included making duties legally enforceable and including tax payment as a duty.

Q) What do you mean by Fundamental Duties?

A) Fundamental Duties may be defined as a set of moral and civic duties prescribed for the citizens by the Constitution of India to uphold the Constitutional goal of the country.

Q) What is the need for Fundamental Duties?

A) Rights and Duties are correlative i.e. Where there is a right there is a duty.

The Fundamental Duties are intended to serve as a constant reminder to every citizen that while the Constitution confers on them certain Fundamental Rights (Part III), it also requires citizens to observe certain basic norms of democratic conduct and behaviour.

Article 51-A. Fundamental Duties

- It shall be the duty of every citizen of India :-

To abide by the Constitution and respect its ideals and institutions, the National Flag and National Anthem;
To cherish and follow the noble ideals which inspired our National struggle for freedom;
To uphold and protect the sovereignty, unity and integrity of India;
To defend the country and render national service when called upon to do so;
To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
To value and preserve the rich heritage of our composite culture;
To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures;
To develop the scientific temper, humanism and the spirit of inquiry and reform;
To safeguard public property and to abjure violence;
To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
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 to 14 years.

- Clause (k) was added by the 86th Constitutional Amendment Act, 2002 w.e.f. 2010

Q) Are Fundamental Duties enforceable?

A) The Fundamental Duties are non-justiciable under the Indian Constitution.

However, these duties are statutory duties and shall be enforceable by law.

Parliament, by law, will provide penalties to be imposed for failure to fulfill those duties and obligations.

Shyam Narayan Chouksey V. Union of India (2018 SC)

- The Court held in this PIL that one is compelled to show respect whenever and wherever the National Anthem is played.

- The prescription of the place or occasion has to be made by the executive keeping in view the concept of fundamental duties provided under the Constitution and the law.

AIIMS Students Union V. AIIMS (2001 SC)

- The Supreme Court held that though Fundamental Duties are not made enforceable like Fundamental Rights but it cannot be overlooked as “duties” in Part IV-A is prefixed by the same word “fundamental” which was prefixed by the founding fathers of the Constitution of “right” in Part III.

- Though Article 51-A does not cast any Fundamental Duty on the State.

- The fact remains that the duty of every citizen is the collective duty of the State.

- Fundamental Duties though not enforceable by a writ of the Court, yet provide a valuable guide and aid to interpretation of Constitutional and legal issues.

Shri Ranganath Mishra V. Union of India (2003 SC)

- The Court held that the desired enforceability of Fundamental Duties can be better achieved by providing not merely for legal sanctions but also combining it with social sanctions and to facilitate the performance of the task through exemplary role models.

Aruna Roy V. Union of India (2002 SC)

- The validity of National Curriculum Framework for School Education, 2000 which provided for education for value development based upon all religions and also a comparative study of philosophy of all religion was challenged on the ground that it was violative of Article 28.

- The Court held that the NCFSE does not mention of imparting “religious instructions” as prohibited under Article 28.

- What is sought to be imparted is incorporated in Article 51-A(e).

- Accordingly, the Court held that such education is neither violative of Article 28 of the Constitution nor is against the concept of Secularism.

Frequently Asked Questions

Q) Why were Fundamental Duties introduced?

A) To remind citizens that rights come with responsibilities. They serve as a moral code to strengthen democracy and national integrity.

Q) How are Fundamental Duties related to Fundamental Rights?

A) They are complementary, while Fundamental rights protect individual freedoms, Fundamental duties ensure responsible citizenship and social harmony.

Q) Can Parliament make laws to enforce Fundamental Duties?

A) Yes. Parliament can pass laws to give effect to these duties.

For instance, laws against environmental pollution or disrespect to national symbols.

Q) Do Fundamental Duties apply only to citizens of India?

A) Yes. Unlike Fundamental Rights, which extend to certain non-citizens, Fundamental Duties apply exclusively to Indian citizens.

Q) Can violation of Fundamental Duties lead to penalties?

A) Yes, indirectly. Parliament can make laws linking penalties to the violation of duties.

For example, laws punishing disrespect to the National Flag or Anthem.

Rights empower us, but duties define us. 💡

Which Fundamental Duty do you think is most relevant in today’s India?

Share your thoughts in the comments below and join the discussion below!

Continue your legal learning journey with more insightful content at Legaljourney.in.

Join us on Telegram for regular updates!

Follow us on YouTube for detailed video explanation on Article 51-A.

Together, let’s make legal awareness accessible to all.

Download a pdf version of this article here.