Essential Obligations
In 1976, during the Emergency period, the Indian Constitution was amended to include Fundamental Duties, specifically Article 51A. This article was inspired by the USSR Constitution and aimed to balance citizens' rights with corresponding duties, emphasizing the importance of citizens' responsibilities for the nation's integrity and unity [1][3][5].
Historical Origin
Initially, the Indian Constitution only included Fundamental Rights. However, during the Internal Emergency (1975-1977), there was concern that citizens were prioritizing their individual rights over collective unity. The Sardar Swaran Singh Committee recommended the inclusion of Fundamental Duties, suggesting eight duties initially. The government expanded these to ten in Article 51A through the 42nd Amendment [1][3][5]. In 2002, an 11th duty was added, mandating parents/guardians to provide free and compulsory education to children aged 6 to 14 years (86th Constitutional Amendment) [1][3].
Significance
Article 51A outlines citizens' obligations, such as respecting the Constitution, national symbols, protecting the environment, promoting harmony, and safeguarding public property, among others [1][3]. These duties act as moral obligations to uphold the constitutional ethos and help in nation-building. Unlike Fundamental Rights, these duties are non-justiciable, meaning citizens cannot claim legal enforcement but are expected to follow them as a democratic responsibility [1][3].
Current Relevance and Application by the Supreme Court of India
The Supreme Court has interpreted Fundamental Duties as an important constitutional code that complements Fundamental Rights and Directive Principles. While not legally enforceable as rights, the Court has used Fundamental Duties to encourage citizens’ adherence to constitutional values and social responsibility, justify state actions restricting Fundamental Rights when necessary for public order or welfare, promote environmental protection, and reinforce national integrity and unity [2][4].
Thus, Article 51A serves as a symbolic but influential guidepost for citizens and the judiciary in fostering responsible citizenship and nation-building, especially in contemporary India where balancing individual rights and social duties remains vital.
Article 51A applies only to citizens of India and encourages respect for ideals of the Constitution and national symbols. It promotes a sense of civic consciousness and responsibility among citizens, emphasizing the importance of rational development through scientific temper, preserving the environment, and striving towards excellence. However, the vagueness in the Fundamental Duties has been a point of criticism.
In the context of the COVID-19 pandemic, the Bombay High Court has highlighted the importance of fundamental duties in upholding social responsibility and promoting public health. Destruction of public property during protests has been identified as a hindrance in development, while resource scarcity and un-civilized behavior have been noted as other challenges.
In conclusion, Article 51A provides a crucial framework for citizens to understand their responsibilities towards the nation and society, fostering a sense of civic duty and promoting responsible citizenship. It serves as a reminder that while rights are important, so too are the duties that come with them.
In the ongoing discourse of national development and unity, citizens are encouraged to respect the environment as one of their fundamental duties, a requirement outlined in Article 51A of the Indian Constitution. This duty, while not legally enforceable, is seen as a moral obligation that contributes to nation-building and fosters responsible citizenship.
In the backdrop of the COVID-19 pandemic, the Bombay High Court has underscored the importance of fundamental duties in shaping responsible behavior, emphasizing social responsibility and public health preservation, which aligns with the duty to preserve and improve the environment.
