Need to enforce Fundamental duties

Context: Recently, Supreme Court asked the Union and the State governments to respond to a petition to enforce the fundamental duties of citizens.
Key Issue

• A Supreme Court Bench issued notice in a petition filed by a Supreme Court lawyer.
• The petition argued that the need to enforce fundamental duties arises from a new illegal trend of protest by protesters in the garb of freedom of speech and expression.
• This has been increasingly done by way of blocking of road and rail routes in order to compel the government to meet their demands.

About Fundamental Duties

• The fundamental duties of citizens were added to the constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee.
• It basically imply the moral obligations of all citizens of a country and today, there are 11 fundamental duties in India, which are written in Part IV-A of the Constitution, to promote patriotism and strengthen the unity of India.
• The FDs obligate all citizens to respect the national symbols of India, including the constitution, to cherish its heritage, preserve its composite culture and assist in its defence.
• They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temper, abjure violence, and strive towards excellence in all spheres of life.

Judicial interpretation of FDs

• The Supreme Court has held that FDs are not enforceable in any Court of Law.
• It ruled that these fundamental duties can also help the court to decide the constitutionality of a law passed by the legislature.
• There is a reference to such duties in international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, and Article 51A brings the Indian constitution into conformity with these treaties.

11 FDs

• Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the National Anthem
• Cherish and follow the noble ideals that inspired the national struggle for freedom
• Uphold and protect the sovereignty, unity and integrity of India
• Defend the country and render national service when called upon to do so
• Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women
• Value and preserve the rich heritage of the country’s composite culture
• Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures
• Develop scientific temper, humanism and the spirit of inquiry and reform
• Safeguard public property and to abjure violence
• Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement
• Provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002.