We are sharing FUNDAMENTAL DUTIES Notes for UPSC Exam. These notes are important for Prelims General Studies Paper 1 as well as for mains exam and interview.
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FUNDAMENTAL DUTIES Notes for UPSC Exam
The fundamental duties which were added by the Forty-second Amendment of the Constitution in 1976, in addition to creating and promoting a culture, also strengthen the hands of the legislature in enforcing these duties visa-vis the fundamental rights. Even though Part IV A, laying down certain duties of the Indian citizens, is one of the most valuable parts of the Constitution. It is also the most neglected.
While the Fundamental Rights provisions covered the rights of the individual and the Directive Principles the duties of the State, there were until 1976 no provisions in our Constitution laying down the duties of the individual. For every right, there is a corresponding duty. Duty is an inalienable part of right; the two represent the two sides of the same coin. What is duty for one is another’s right and vice versa. If all men have a right to life, a duty is also cast upon all men to respect human life and not to injure another person.
Ten Fundamental Duties were incorporated in the Constitution under Art. 51 A through the 42nd Amendment in 1976 on the recommendation of Swaran Singh Committee. Eleventh duty was added by 86th Amendment in 2002. These consist of:
- abiding by the Constitution and national flag respectively;
- to cherish and follow noble ideas of our freedom struggle;
- to maintain integrity;
- to render national service when called upon to do so;
- to promote common brotherhood and harmony;
- to preserve the rich heritage of our composite culture;
- to protect and improve our environment;
- to develop scientific temper and humanism;
- to abjure violence and;
- to strive towards excellence in all spheres of life.
- to provide opportunities for education to child/ward aged 6-14 years.
The fundamental duties are not justiciable like Fundamental Rights. However, a person is liable to punishment if he deliberately violates them. Like the duties of the State under the Directive Principles, the duties of citizens also cannot be enforced by courts. There is no provision in the Constitution for ensuring their compliance or for punishing their violation. But the courts can certainly take them into consideration while construing a law amenable to more than one interpretation. Article 51 A (g) regarding protection of environment has par ticularly come up before the courts. In the ultimate analysis, the only way to bring about adherence to fundamental duties is through public opinion and education in citizenship values and duties, and building adequate awareness and a congenial climate wherein every citizen feels proud and bound to perform his constitutional duties to the nation and pay his debt to society.
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