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Constitutional Law - 3 Fundamental Duties

Introduction​

India's Constitution enshrines six fundamental duties (FDs) in Part IV-A under Article 51A of the Constitution. These duties are designed to promote national integration and encourage citizens to contribute positively to society.

The Six Fundamental Duties​

Duty to Abstain from Activities Injurious to the Integrity and Morality of India​

Article 51A(a): It is the duty of every citizen of India to abjure violence and abstain from any activity aimed at disrupting the unity and integrity of India.

Case Law:

  • Kesavananda Bharati v. State of Kerala (1973), AIR 1969 SC 1371
  • This landmark case established the basic structure doctrine, emphasizing the importance of preserving constitutional values like unity and integrity.

Duty to Promote Harmony and the Spirit of Common Brother Hood amongst All People​

Article 51A(b): It shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women.

Case Law:

  • Rajdeo Singh v. Union of India (1984), AIR 1985 SC 7
  • This case upheld the constitutionality of Section 498A IPC, criminalizing harassment of wives by husbands and their relatives.

Duty to Develop the Scientific Temper​

Article 51A(c): It shall be the duty of every citizen of India to cherish and follow a scientific temper for the well-being of the nation.

Case Law:

  • Union Carbide Corporation v. Union of India (1987), AIR 1988 SC 1896
  • This case dealt with environmental responsibility and the need for scientific inquiry industrial activities.

Duty to Preserve the Sovereignty, Unity and Integrity of India​

Article 51A(d): It shall be the duty of every citizen of India to value and preserve the rich heritage of our composite culture.

Case Law:

  • S.R. Bommayya v. State of Karnataka (1992), AIR 1992 SC 2040
  • This case emphasized the importance of preserving cultural diversity while maintaining national unity.

Duty to Protect and Improve Natural Resources​

Article 51A(e): It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.

Case Law:

  • T.N. Godavarman Thirumulpad v. Union of India (2000), AIR 2001 SC 3894
  • This case led to the establishment of the National Environment Appellate Authority to regulate forest resources.

Duty to Promote International Peace and Security​

Article 51A(f): It shall be the duty of every citizen of India to defend the country and render national service when called upon to do so.

Case Law:

  • Naga People's War Group v. Union of India (1998), AIR 1998 SC 3877
  • This case addressed the issue of armed rebellion against the state and its implications for national security.

Conclusion​

Understanding and fulfilling these fundamental duties is crucial for law students and future lawyers. They form the foundation of responsible citizenship and contribute to the overall development of India as a nation. As legal professionals, it is essential to stay informed about case laws and legal developments related to these duties, as they often intersect with various areas of law practice.

Additional Resources​

  • [Constitution of India](@web_search Constitution of India Article 51A)
  • [Fundamental Duties in Indian Law](@web_search Fundamental Duties in Indian Law)
  • [Case Laws on Fundamental Duties](@web_search Case Laws on Fundamental Duties in India)