The Fundamental Duties in the Indian Constitution, outlined in Article 51A, have several distinctive features that highlight their nature and purpose.
- Non-Justiciable:
- Fundamental Duties are non-justiciable, meaning they are not legally enforceable by the courts. Unlike Fundamental Rights, citizens cannot approach the judiciary for remedies if these duties are not fulfilled.
- Moral and Ethical Guidelines:
- Fundamental Duties serve as moral and ethical guidelines for citizens. They aim to promote a sense of responsibility, discipline, and commitment towards the nation and fellow citizens.
- Amendment Limitation:
- While Parliament has the power to amend the Constitution, it cannot alter or amend the provisions related to Fundamental Duties. This limitation ensures their stability and permanence.
- Inspired by Directive Principles:
- The idea of Fundamental Duties is inspired by the Directive Principles of State Policy (DPSP), particularly Article 51, which urges the State to foster respect for international law and treaty obligations.
- Integral Part of Citizenship:
- Fundamental Duties are considered an integral part of citizenship in India. They complement Fundamental Rights and form a balanced framework for the rights and responsibilities of citizens.
- Educational Emphasis:
- Fundamental Duties are incorporated into educational curricula to instill a sense of civic responsibility among students. The aim is to create an understanding of citizenship that goes beyond individual rights to encompass societal obligations.
- Promotion of Social Welfare:
- The duties contribute to the promotion of social welfare by encouraging citizens to actively participate in the nation-building process and consider the well-being of society.
- Comprehensive Scope:
- The list of Fundamental Duties is comprehensive, covering a range of responsibilities from respecting the Constitution and national symbols to promoting scientific temper and protecting natural environments.
- Incorporation through Amendments:
- The provisions related to Fundamental Duties were incorporated into the Constitution through the 42nd Amendment Act in 1976. The list was expanded with the 86th Amendment Act in 2002.
- Harmonization with Constitutional Values:
- Fundamental Duties are harmonized with other constitutional provisions. They are designed to strike a balance between individual liberties and societal responsibilities, promoting the overall well-being of the nation.
- Educational Endeavors:
- Fundamental Duties are incorporated into educational curricula to instill a sense of civic responsibility among students. The aim is to create an understanding of citizenship that goes beyond individual rights to encompass societal obligations.
While Fundamental Duties may not be legally enforceable, they play a significant role in shaping the ethical and moral fabric of the nation, emphasizing the reciprocal relationship between rights and responsibilities in a democratic society.
