The state is all the citizens placed together and hence though Article 51 A does not expressly cast any fundamental duty on the state, the fact remains that the duty of every citizen of India is the collective duty of the state - SC

 

Indian Constitution.

 

The Indian Constitution is the lengthiest written constitution. The Indian Constitution was adopted in the year 1949, 26TH OF November, and was enacted in the year 1950, 26th OF January. The Constitution confers powers and enforces accountability on the Legislature, Executive, and Judiciary. The preamble of the Indian Constitution is considered the soul of the Indian Constitution. The preamble states WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC..... thereby stating the ideologies that the people of India, must preach. Independence of the Judiciary and Rule of Law is fundamental in the Indian Constitution. In India, we have a strong union and parliamentary form of government. The Indian Constitution provides Appointment, Impeachment, duties, and powers of the executive, legislature, and Judiciary. A comprehensive list of the division of powers between the state and union, wherein residuary powers are with the union. Part III - Fundamental Rights being the most principal and supreme part of the Constitution gives a list of basic fundamental rights guaranteed not only limited to the citizens, but some rights are granted to the persons living in the county. The Constitution provides  Article 21, Protection of life and personal liberty – No person shall be deprived of his life or personal liberty except according to procedure established by law. In my opinion, this article is the single most important and supreme right conferred to the person, the courts have given the widest interpretation which is legitimately possible for Article 21. Fundamental duty is enshrined under part IV A, Article 51 - A of the Indian Constitution which forms the basic duties of the citizen for the amelioration of the country.

 

"FUNDAMENTAL" and  "DUTY".

The word fundamental is derived from the Latin word fundamentalis. The meaning of the word fundamental is basic or essential. The word duty means commitment or owed towards something. Therefore fundamental duty is something which is a basic duty or essential commitment of a person. Just like a fundamental right is essential for a "PERSON'S" well-being fundamental duty constitutes important structural duties that one must obey for the well-being of the "STATE".

 

List of FUNDAMENTAL DUTIES under Part IV A of the Indian Constitution. 

51A. It shall be the duty of every citizen of India—

(a) to abide by the Constitution and respect its

ideals and institutions, the National Flag and the

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 rich heritage of our

composite culture;

(g) to protect and improve the natural environment

including forests, lakes, rivers and wild life, and to

have compassion for living creatures;

(h) to develop the scientific temper, humanism and

the spirit of inquiry and reform;

(i) to safeguard public property and to 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

achievement;

(k) who is a parent or guardian to provide

opportunities for education to his child or, as the

case may be, ward between the age of six and

fourteen years.

 

Explanation

The Fundmaental enlisted under Part IV. Article 51 A provides duties towards 

National flag and anthem and that a citizen shall respect the same. {NATIONAL FLAG and ANTHEM}.

A citizen shall follow and cherish the noble ideas that inspired India's freedom struggle. {FREEDOM STRUGGLE}.

A citizen shall protect the sovereignty, unity, and integrity of India. {SOVEREIGNTY, UNITY, and INTEGRITY}.

A citizen shall defend the country and render national services. {NATIONAL SERVICES}.

A citizen shall promote harmony and brotherhood.  Have interreligious tolerance and respect for women. {INTERRELIGIOUS TOLERANCE and RESPECT WOMEN}.

A citizen shall value and preserve the rich heritage of our composite culture. {HERITAGE and CULTURE}.

A citizen shall protect and improve the natural environment, including fauna and flora, and shall have compassion towards living creatures. {ENVIRONMENT, FAUNA, and FLORA compassion towards all LIVING CREATURES.}.

A citizen shall develop the scientific temper, humanism, and

the spirit of inquiry and reform.[ SCIENTIFIC TEMPER}.

A citizen shall safeguard public property and abjure violence.{ PUBLIC PROPERTY}.

A citizen shall strive towards excellence in individual and collective activities so that the nation rises to higher levels of endeavors and achievements. {NATION}.

A citizen shall who is a parent or guardian ensure to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. {CHILDREN EDUCATION}.

 

FUNDAMENTAL DUTIES UNDER PART IV, ARTICLE 51-A WERE ADDED BY "AMENDMENT".

The fundamental duties were not reckoned by the founding fathers of the Constitution. The constitution originally did not consist of a fundamental duty, it was added by the 42nd Amendment Act, 1976. and (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years, was added by the 86th Amendment Act, 2002. 

 

Enforceability!

The fundamental rights are enforceable under the law. When a person's fundamental right is been infringed the person has the remedy to approach the Hon'ble Supreme Court of India {the apex court of the country directly} under Article 32 of the Indian Constitution and hence Dr. Amedkar appraised Article 32 as the heart and soul of the Constitution. The persons can also approach the Hon'ble High Court under Article 226 of the Indian Constitution and by the issuance of writ, the constitutional courts may order the required directions. However the same is NOT the case with fundamental duties. Fundamental Duties are not enforceable under the law. That means the Constitution does not give any provision for the enforcement of fundamental duties. However, it becomes the citizen's duty to follow and obey such duties for the amelioration of the "STATE".  The state is all the citizens placed together and hence though Article 51 A does not expressly cast any fundamental duty on the state, the fact remains that the duty of every citizen of India is the collective duty of the state. {RE RAMLILA MAIDAN INCIDENT, 2012}} The Supreme Court has held that since the duties are obligatory for a citizen, it would follow that the state should also strive to achieve the same goal. The court may, therefore, issue suitable directions in these manners in appropriate cases. The Supreme Court to give effect to fundamental duties as enshrined under Article 51 - A (g) read with Article 21, 47, 48B adopted the principle of "Sustainable Development" as a balancing concept and further held that "Precautionery Principle" and "Polluter Pay Principle " {VELLORE CITIZEN'S WELFARE FORUM VS UOI} are accepted as a part of the law of the country and should be implemented by the court of law. There is an interdependence and interrelatedness amongst Part III "Fundamental Rights", Part IV "Directive Principles of State Policy" and Part IV A " Fundamental Duties" as one gives exclusive basic and essential rights to persons/citizens, the other are the fundamental principles of governance for the state and the another an essential and fundamental duties conferred on the citizen. 

 

Interesting to Note.

We know that fundamental duties are not enforceable under the law, however, if anyone engages in an act that is in contravention of the fundamental duty, such a person can be penalized under other laws of the land. In the case where one causes environmental damage is acting in contravention of the fundamental duty of (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; such a person is violating the various laws of the land including   Environment Protection Act, 1986, The Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981,  hence such person can be penalized for such offense and can further be asked to pay compensation/damages.   

 Article only for the purpose of education.

References

Introduction to the constitution of India - DURGA DAS BASU.

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