fundamental duties

Part IVA was added by the 42nd Amendment, 1976, on the recommendation of the Swaran Singh Committee. Article 51A originally listed ten duties, including to abide by the Constitution and respect the National Flag and Anthem, to uphold the sovereignty and integrity of India, to protect the environment, and to develop the scientific temper. The 86th Amendment, 2002 added the eleventh, clause (k): a parent or guardian must provide opportunities for education to a child between six and fourteen.

Fundamental duties are not directly enforceable by a writ and carry no penalty by themselves. Courts use them to interpret statutes and to judge whether a restriction on a fundamental right is reasonable. Some duties are given effect by ordinary laws, such as the Prevention of Insults to National Honour Act, 1971.

Example

In upholding a law against defacing public monuments, the court drew support from the fundamental duty in Article 51A(f) to preserve the nation's composite culture.

In Indian law

• Article 51A, Constitution of India (Part IVA)

See also

fundamental rights · directive principles of state policy

Read more in the study notes

• Directive principles, fundamental duties, and their relation to fundamental rights (Constitutional Law I)
• Constitutional history, drafting and the Constituent Assembly (Constitutional Law I)
• Salient features of the Indian Constitution (Constitutional Law I)
• Public interest litigation petition (Drafting, Pleading and Conveyance)
• Ancient and medieval writings, environmental jurisprudence and national environmental policy (Environmental Law)
• Environmental policy and law before and after independence (Environmental Law)