Skip to main content

What are the Fundamental Duties provided in part IV of the Constitution

Article 51 A of the constitution specifies a code of ten Fundamental Duties for citizens. It was added to the constitution by the 42nd Amendment act, 1976. Article 51 states that, it is the duty of every citizen of India

a.    To bide by constitution and respect its ideals and institutions, the National Flag and National Anthem;
b.    To cherish and follow the noble ideals which inspired our national struggle for freedom;
c.    To uphold and protect the sovereignty, unity and integrity of India;
d.    To defend the country and render national service when called upon to do so;
e.    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;
f.     To value and preserve the right heritage of our composite culture;
g.    To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creature;
h.    To develop the scientific temper, humanism and the spirit of inquiry and reform;
i.     To safeguard public property and abjure violence;
j.     To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievements

The Fundamental Duties are intended to serve as a constant reminder to every citizen that while the Constitution specifically conferred on them certain Fundamental rights, it also requires citizens to observe certain basic norms of democratic conduct and democratic behavior. However there are contentions that this view is wrong. The performance of one’s duties even in partial disregard of one’s rights and privileges has been traditional in this country.

The duties incorporated in the Constitution by the 42nd amendment 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. For the proper enforcement of duties, it is necessary that it should be known to all. This should be done by a systematic and intensive education of the people that is by publicity or by making it a part if the syllabi and curriculum of education.


In M.C. Mehta v. Union of India, the Supreme Court has held that it is the duty of the central government to teach compulsory lessons at least for 1 hour a week on protection and improvement of natural environment in all the educational institutions in the country.

Comments

Popular posts from this blog

Importance of Bar & Bench relationship

In general, Bar refers to the lawyers and Bench refers to the members of the judiciary, i.e., Judges. It is the body of persons which operates the machinery through which justice is administered, composed mainly of the Judges and the Advocates who help them in discharging their difficult duties, has existed and functioned both in ancient and modern times.
Bar & Bench relations in law refers to the cordial relationship between Advocates (Bar) and Judges (Bench). Bar and Bench plays an important role in the administration of justice. Bench administer the justice with the help of the Bar.
The Judicial Process in today’s world includes that task of Social Engineering. Concepts of justice, however, have changed vastly in the course of time. And, as between different States in modern times too, Justice, as embodied in the law, has different contents and connotations.
Such differences as we find between different States as regards the functions of the Bar and Bench are, mainly due to the so…

Definition of Person under Income Tax Act

Abhilash CU, M.Com, FCA, ACS
The term Person under Income Tax Act has wide meaning and interpretation than the normal meaning of person. The definition of person has a vide implication that “assesse “under the act is defined as a “person” by whom income tax or super tax or any other sum of money is payable under the act. So in order to be declared an assesse under the Income Tax Act, the assesse must be a “Person” as defined under the Income Tax Act of 1961.The term “Person” has been defined under Sec2(31) of the Income Tax Act of 1961. The definition of “Person” is as follows.

"Person" includes— An individual,A Hindu Undivided Family,A Company,A Firm,An Association of Persons or a Body of Individuals, whether incorporated or not,A Local Authority, andEvery artificial juridical person, not falling within any of the preceding sub-clauses;The definition is inclusive and not exhaustive i.e. any other Person can also be included under the definition of Person under Income Tax Act.
I…

Nature, Definition & Scope of Administrative Law

Administrative law is considered a branch of public law. Administrative law is the body of law which governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda.
Further, we can say that, the Administrative Law is a branch of law governing the creation and operation of administrative agencies. Of special importance are the powers granted to administrative agencies, the substantive rules that such agencies make, and the legal relationships between such agencies, other government bodies, and the public at large.

Similarly, Administrative law is a body of rules, regulations and orders formulated by a government body such as an environment management agency responsible for carrying out statute law.
In other words, these are the legal rules and principles on which courts act in controlling the exercise of statutory powers of adjudication and rule making by public authorities…