Fundamental Duties Under Indian Constitution - SYNOPSIS

DR. RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY
(SESSION 2017-2018)

SUBJECT: BASICS OF LEGISLATION

Synopsis on

FUNDAMENTAL DUTIES UNDER INDIAN

CONSTITUTION

Under the supervision of: Submitted by:

Mr. Shashank Shekhar Kumar Harshit

Assistant Professor (Law)) Roll Number – 77

Department Of Legal Studies 1st Semester

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 Fundamental Duties Under Indian Constitution - SYNOPSIS

Table of Contents

PREFACE...........................................................................................................3

TENTATIVE CHAPTERISATION..............................................................3-5
1. Introduction..................................................................................................................3
.
2. Inception.......................................................................................................................3
.
3. The Fundamental Duties..............................................................................................4
.
4. Importance of Fundamental Duties..............................................................................4

5. Enforceability of Fundamental Duties.........................................................................5

.
6. Conclusion...................................................................................................................5

BIBLIOGRAPHY................................................................................................5

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 Fundamental Duties Under Indian Constitution - SYNOPSIS

PREFACE

This Project Report has been prepared in partial fulfilment of the requirement for the subject:
Basics of Legislation (Sem. I) in the academic year 2017-2018.

For preparing the project report, I will visit various books, online journals and newspapers
during the suggested duration to avail the necessary information. A blend of learning and
knowledge acquired during the research at the university is presented in this Project Report.

The rationale behind visiting various resources and preparing the Project Report is to study
the basics, history and development of Fundamental Duties described in the Constitution of
India.

The Project Report starts with the introduction of Fundamental Duties, its emergence and
description of all 11 Fundamental duties. The project will include enforceability of
Fundamental Duties, its comparison with Fundamental Rights and development of
Fundamental Duties through the years.

INTRODUCTION

The Fundamental Duties are defined as the fundamental obligations that all citizens owe to
the nation. They are held by the Supreme Court to be obligatory for all citizens. The
Fundamental Duties are defined in Part IV-A of the Constitution of India. Unlike
Fundamental Rights, Fundamental Duties are not legally enforceable in the eyes of law.

INCEPTION
The Fundamental Duties were added to the Constitution by the 42th amendment in 1976. The
duties were added by the recommendation of Swaran Singh Committee. The committee was
constituted by Indira Gandhi soon after national emergency was imposed in the country. The
Fundamental Duties came into effect on 3rd January, 1977.

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 Fundamental Duties Under Indian Constitution - SYNOPSIS

THE FUNDAMENTAL DUTIES

There were initially ten Fundamental Duties which were mentioned in the Constitution. But
after the 86th amendment, the 11th Fundamental duty was added. The 11 Fundamental Duties
are:

 To abide by the Constitution and respect its ideals and institutions, the National Flag
and the National Anthem;
 To cherish and follow the noble ideals which inspired our national struggle for
freedom;
 To uphold and protect the sovereignty, unity and integrity of India;
 To defend the country and render national service when called upon to do so;
 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;
 To value and preserve the rich heritage of our composite culture;
 To protect and improve the natural environment including forests, lakes, rivers,
wildlife and to have compassion for living creatures;
 To develop the scientific temper, humanism and the spirit of inquiry and reform;
 To safeguard public property and to abjure violence;
 To strive towards excellence in all spheres of individual and collective activity, so that
the nation constantly rises to higher levels of endeavour and achievement;
 Who is a parent or guardian, to provide opportunities for education to his child, or as
the case may be, ward between the ages of six to fourteen years.

IMPORTANCE OF FUNDAMENTAL DUTIES

The Fundamental Duties play a major role in describing the fundamental obligations of a
citizen to the State. These duties help in maintaining unity and integrity of the nation by
directing a citizen to obey his obligations. The 11 Fundamental Duties helps a citizen to
realise the things he should and shouldn’t do as the citizen of this nation.

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 Fundamental Duties Under Indian Constitution - SYNOPSIS

ENFORCEABILITY OF FUNDAMENTAL DUTIES

Fundamental Duties are not justiciable i.e. they are not directly enforced. No court not even
the Supreme Court can enforce the Fundamental Duties. The Fundamental Duties can only be
made enforceable by law i.e. only when the Parliament passes legislation for the same, the
Fundamental Duties can be made enforceable.

CONCLUSION

Conclusion and recommendation will be provided in the final draft.

BIBLIOGRAPHY

 The Shorter Constitution: DD Basu

 Commentary on the Constitution of India: DD Basu
 Online Sources

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