Jurisprudential Aspect Of Fundamental Duties Under Indian Constitution: Its Recent Trends

Yamini. S, Pursuing LL.M Department of Labour Law and Administrative Law, School of Excellence in Law, TNDALU, Chennai.

ABSTRACT

“ Every right implies a responsibility: Every opportunity an obligation, Every possession, a duty.”

- John D. Rockefeller

Duty is often regarded as an obligation or reverence imposed on a person in respect of the right to which he is entitled. A popular quote is that “every right has a corresponding duty” In this case, citizens of the state are vested with certain rights which are protected by the state in turn citizens must pledge their allegiance to the state. Indian constitution is the paramount supreme document of the land which contains 25 parts among which the concept of duties was incorporated by the way of 42nd constitutional amendments based on recommendation of Swarna Singhs’ committees report as separate ARTICLE 51A under Part IVA. Initially, there were only 10 duties but later 86th constitutional amendment added another one making it 11 fundamental duties. The question later on arises was its enforceability, whereas there is no recourse for violation of Article 51(a) (b),(d),(f),(h) & (j); hence, corrective action was required to enforce any arising responsibilities. But the remaining were made enforceable under various laws like the IPC, the Environmental Protection Act of 1986, the Prevention of Insult to National Honour Act of 1971, and other laws, there are remedies available for certain tasks. At first, a breach of duty is considered civil misbehaviour; subsequently, it might worsen and need punishment. The idea of basic obligations, their enforcement in light of court decisions, and current developments in the field were all covered in length in this article.

Keywords: Fundamental Duties, Rights, Obligations, Constitution, Jurisprudence.