Constitution of India | LLB Entrance Notes

Fundamental Duties under Article 51A

Part IVA of the Constitution of India sets out the Fundamental Duties of citizens in Article 51A. Ten duties were inserted by the Constitution (Forty-second Amendment) Act, 1976, and the eleventh duty relating to educational opportunities for children aged six to fourteen was added by the Constitution (Eighty-sixth Amendment) Act, 2002.

Exam point: Fundamental Duties apply to citizens. They are constitutional duties rather than independently enforceable Fundamental Rights, but legislation may give effect to matters covered by them and courts may consider them while interpreting constitutional and statutory provisions.

Background and important points

The Fundamental Duties were added to the Constitution on the recommendation associated with the Swaran Singh Committee.
They appear in Part IVA, Article 51A of the Constitution.
Article 51A(g) concerns protection and improvement of the natural environment and compassion for living creatures. Article 48A, a Directive Principle of State Policy, requires the State to endeavour to protect and improve the environment and safeguard forests and wildlife.
Article 51A(k) places a duty on a parent or guardian to provide opportunities for education to a child or ward between six and fourteen years of age.

All 11 Fundamental Duties

Respect the Constitution and national symbols: abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
Remember the freedom struggle: cherish and follow the noble ideals that inspired India's national struggle for freedom.
Protect national unity: uphold and protect the sovereignty, unity and integrity of India.
Defend the country: defend India and render national service when called upon to do so.
Promote harmony: promote harmony and common brotherhood across religious, linguistic, regional and sectional differences, and renounce practices derogatory to the dignity of women.
Preserve cultural heritage: value and preserve the rich heritage of India's composite culture.
Protect the environment: protect and improve forests, lakes, rivers and wildlife, and have compassion for living creatures.
Develop scientific temper: develop scientific temper, humanism and the spirit of inquiry and reform.
Safeguard public property: safeguard public property and abjure violence.
Strive for excellence: strive towards excellence in individual and collective activity so that the nation rises to higher levels of endeavour and achievement.
Provide educational opportunities: a parent or guardian must provide opportunities for education to a child or ward between six and fourteen years.

Education: Articles 21A, 45 and 51A(k)

Article 21A - Fundamental RightThe State must provide free and compulsory education to all children aged six to fourteen in the manner determined by law.

Article 45 - Directive PrincipleThe State must endeavour to provide early childhood care and education for all children until they complete six years of age.

Article 51A(k) - Fundamental DutyA parent or guardian has the duty to provide educational opportunities to a child or ward aged six to fourteen.

The Right of Children to Free and Compulsory Education Act, 2009 gives statutory effect to the constitutional guarantee of free and compulsory elementary education for children in the six-to-fourteen age group.

Important case: Bijoe Emmanuel v. State of Kerala

National Anthem case

Three schoolchildren belonging to the Jehovah's Witnesses faith respectfully stood during the National Anthem but did not sing it because of their genuinely held religious belief. The Supreme Court held that compelling them to sing in those circumstances violated their rights under Articles 19(1)(a) and 25(1). The Court also emphasised that respectful conduct toward the National Anthem matters.

Exam takeaway: Article 51A(a) requires respect for the National Anthem, but that constitutional duty must be understood consistently with the Fundamental Rights guaranteed by the Constitution.

Quick revision: 42nd Amendment → Part IVA and the original ten Fundamental Duties; 86th Amendment → Article 21A, revised Article 45, and Article 51A(k); environment → Articles 48A and 51A(g); education duty → Article 51A(k), not Article 51A(b).