Modernization of Fundamental Duties and Indian Constitution.

The framers of the Indian constitution were the quest for sighted to preserve the rich heritage of the country by promoting harmony, secularism and its inherent value of fundamental rights to fulfil the needs of people.

         Though the importance of fundamental duties were always given less than others rights and duties embodied in the constitution. however with the lapse  of time, values of people changes for which an emergent need of the society and in this context fundamental duties becomes the light of hope.

          It was found that the Swaran Singh committee as appointed to revive constitution recommended that certain fundamental duties should include in the constitution to upgrade the values of people. Originally fundamental duties are supplemented in school education to be taught morally which had no importance in practical life, hence it was necessary to include in the constitution as reported by the Verma Committee Report, MHRD, Govt of India 1999.

        But After Swaran Singh Committee Report, new Part IVA, Art 51A on fundamental duties were incorporated by the 42nd Amendment, 1976. This inclusion brought us with cooperation with Art 29(1) of UDHR.

          Fundamental duties are incorporated to uplift the patriotic values, strengthen sovereignty integrity of the country. Initially, there was 10  in number fundamental duties but Part IV-A of Indian Constitution modernised.  The 86the Amendment 2002 has added one duty of parent and guardian and hereafter there has been eleven fundamental duties, violation of any of this is punishable under IPC or Special laws.

        Honourable SC made it very clear that fundamental duties though not enforceable by writs yet provide valuable guidance and aid to interpretation and resolution of constitutional and legal issues.

  Fundamental duties under 51A are fundamental in nature but it should be read with Directive policies of state which is dealing with the duties of the state.  every citizen of India is fundamentally bound to touch fundamental duties. every citizen should collectively responsible to fulfil fundamental duties for the upliftment of the country.

         The very first fundamental duties discuss:

              a) Duty to abide by the constitution and respect national flag and national anthem. Jose Eby vs Union of India AIR 2000 Even chapter 2 and  Art 3    had specified it as such.

    b) Duty to cherish the noble idea which inspired our national struggle for freedom. this should be cherished as not fundamental duty about emotional sentiments with respect in regard our Indian Freedom struggle history.

               West Bengal headmaster association vs Union of India AIR 1983 cal 448.

c)  To upheld protect sovereignty integrity unity of India. In this context Indian penal code has specified provision to take action in this regard sec 120-130, 141-160 even  153 A and 153 B has specified direct penal action against any notion which might be a threat to unity integrity of union.

 d) It is a duty to defend the country and render national service when called upon to do so. this is an exception of fundamental rights which prohibits forced labour. however, this duty can be called national duty to perform. though such a situation has not arrived yet.

 e) This clause imposes two special duties upon the citizen, firstly to promote harmony and spirit of brotherhood. this feature is a symbol Of secularism. Raghunath Ras vs Union of India (1994) Secondly it emphasises to remove all prejudices and harmful notions thoughts of the society. Vishakha vs State of Rajasthan AIR 1997 Sc3011.

 f) Duty to preserve the rich heritage of the country and its culture. The Shri Prakash committee 1959 laid down guidelines regarding moral values of an individual in this context. MC Mehta vs Union of India AIR 1997 sc 734.

g) Discusses the duty to protect and improve the natural environment like forests rivers wildlife. art 51A(g)  makes it compulsory learning of protection of the environment and ecological system as compulsory.  state of wb vs suijit rama AIR 2004 sc 1851

h) Discuss the scientific temper and spirit of inquiry by reform. here religion and statue should not be the barrier to for protecting humanism.

I) Its duty of every citizen to take measure for protecting public property. Also, the citizen should not get involve any kind of violence activities for destroying public property. public property is the heritage of our country citizen must protect heritage for restoring our history.

j) Discuss the duty to strive towards excellence in all spheres of individual and collective activity.

k) Lastly, discuss the newly added provision introduced by the 86th amendment of 2002. it provides for the essential duty of parents to provide minimum education to the children from the 6-14 year. This is the primary duty of every citizen to improve the condition of literacy all over the country. this clause provides for the responsibility of every parent though it is not penalising in nature.

 But legislation like prevention of insults to National Honour Act 1971 provides teeth to the 51A and 51k clauses. even in 2009 right to free and compulsory education act had come into force to improve the education condition.

         The Tusliee Verma committee has also brought that duties are observed as fundamental social bounding which may not be always legally sanctioned. it should be the obedience of the obligation of citizens.

       State of Gujrat is publishing fundamental duties in Govt syllabus books for first class since 1944 NCERT, CBSE has also included fundamental duties and rights but not in their syllabus.

    In conclusion, it can be said that rights and duties are related. Fundamental rights are against the State and fundamental duties are against the citizen who is most of the time indigent person. The duties enumerated in art 51A are statutory duties and are enforceable by law. Six duties are enforceable( a.c,e,g,I,k) . but other duties are moral and constitutional Modernisation.