VAC-1 Constitutional Values PDF (BBA 1st Sem)

ST. JOSEPH’S COLLEGE (AUTONOMOUS), JAKHAMA Handbook Value Added Course (VAC-1) Common Syllabus for BA/BBA/B.SC/B.Com ( 1st Semester) Prepared by; Department of Political Science St. Joseph’s College (Autonomou...

ST. JOSEPH’S COLLEGE (AUTONOMOUS), JAKHAMA Handbook Value Added Course (VAC-1) Common Syllabus for BA/BBA/B.SC/B.Com ( 1st Semester) Prepared by; Department of Political Science St. Joseph’s College (Autonomous), Jakhama Email: [email protected] 1  ST. JOSEPH’S COLLEGE (AUTONOMOUS), JAKHAMA Common Syllabus for BA/BBA/B.SC/B.Com ( 1st Semester) VALUE ADDED COURSE (VAC-1) Course Code & Title Credits VAC-1: Constitutional Values 2 Course Objectives: The course objectives are as follows;  Enrich students with knowledge and relevance of the constitution  Develop awareness about fundamental rights, duties and values  Inculcate a sense of constitutionalism in thought and action Course Outcomes: On completion of this course students will be able to;  Understand the constitutions and its relevance  Appreciate the values and goals embedded in the constitution  Recognise the importance of fundamental duties enshrined in the constitution  Apply the spirit of fundamental values and duties in everyday national life SYLLABUS OF VAC-1 Units Course Content Lectures Marks Unit-I Constitution of India-An Introduction 12 20  Preamble of the Indian Constitution: - Sovereignty, Socialism, Secularism, Republic, Democracy: Meaning - Justice, Liberty, Equality, Fraternity: Concept Unit-II Fundamental Rights (Articles 14-32) 12 20  Six Fundamental Rights: - Right to Equality (Articles 14 -18) - Right to Freedom (Articles 19-22) - Right Against Exploitation (Articles 23-24) - Right to Freedom of Religion (Articles 25-28) - Cultural and Educational Rights (Articles 29-30) - Right to Constitutional Remedies (Article 32) Unit-III Fundamental Duties (Article 51A (a-k)) 6 10 2  UNIT-I CONSTITUTION OF INDIA-AN INTRODUCTION  Preamble of the Indian Constitution: - Sovereignty, Socialism, Secularism, Republic, Democracy: Meaning Justice, Liberty, Equality, Fraternity: Concept I. Preamble of the Constitution Every constitution has a preamble with which it begins and which embodies its objectives or basic purposes. The framers of the constitution of India in this respect were in a most happy position. For, here was an opportunity for them to give expression to the dreams of a new order they had been dreaming of for years. Naturally, they were eager to draw up a Preamble, which embodies the fundamental principles of that new order. The preamble to the Indian constitution is based on the Objective Resolution of Jawaharlal Nehru adopted by the Constituent Assembly on 22nd January 1947. The Preamble states: “We the people of India, having solemnly resolved to constitute India into a “Sovereign, Socialist, Secular, Democratic, Republic” and to secure to all its citizens; Justice social economic and political, Liberty of thought, expression, belief, faith of worship, Equality of status and opportunity and to promote among them all; Fraternity assuring the dignity of the individual and unity and integrity of the nation; In our Constituent Assembly this 26th November 1949, do herby adopt, enact and give to ourselves, this constitution.” Components of the Preamble The preamble has four components 1. It indicates the source, from which the constitution derives its authority i.e., the people of India. 2. It states the objects, which the constitution seeks to establish and promote. 3. It state about the nature of Indian state i.e., Sovereign, socialist, secular, Democratic and Republic. 4. It also states about the date of adoption of the constitution i.e., November 26, 1949. 3 Values Enriched in the Preamble Sovereign: The value implies that there is no authority outside India, on which the country is in any dependent. It is completely independent from any external influence in its policy making. Socialist: The word socialist denotes the constitution seeks to achieve socialistic pattern of society through democratic means. Its objective is to secure equitable distribution of resources to prevent concentration of wealth. Secular: The preamble seeks to make India secular by maintaining a state which is neutral and impartial towards all religions. It also means that the state shall not discriminate against the citizen in any way on the basis of religion. Democratic: The word implies people are source of power and the essence of Indian administration. It means the administrators are to be elected by the people only either directly or indirectly. India follows a representative democracy where people‟s representatives are involved in running the government. Republic: The word „Republic‟ means that there exist no hereditary ruler in India and all the authorities of the state are directly or indirectly elected by the people. Objectives Embodied in the Preamble The objectives embodies in the preamble are as follows; Justice Social, Economic and Political Social Justice is to ensure by abolishing any title of honour (Article 18), Untouchability (Article 17), discrimination on any ground (Article 15). Economic Justice is guaranteed primarily through the Directive Principles of State Policy, equality of opportunity in government jobs (Article 16). Political Justice is sought to be secured through the provision of universal adult suffrage without any sort of qualification. Liberty of Thought, Expression, Belief, Faith and Worship Liberty is essential attribute of a free society that helps in the fullest development of intellectual, mental and spiritual faculties of an individual. The Indian constitution guarantees six democratic freedoms to individuals under Article 19 and right to freedom of religion under Article 25-28. Equality of Status, Opportunity Liberty is incomplete and meaningless unless there is an equality of status and opportunity. The various provisions of the constitution seek to secure equality for the citizens of India. Equality before the law (Article 14), Prohibition of discrimination by the 4  state on the basis of religion, caste, sex or place of birth (Article 15), Equality of opportunity in matters of public employment (Article 16), by abolishing untouchability (Article 17) and by abolishing titles of honour (Article 18). The parliament has passed certain laws for the SCs, STs, OBCs to ensure equality through Protective Discrimination. Fraternity Fraternity denotes the spirit of brotherhood prevailing among all sections of the people. This is sought to be achieved by making the state secular, guaranteeing Fundamental Rights and other rights equally to people of all sections and protecting their interests. To this the word „Integrity‟ was added giving it a broader meaning on preamble. OBJECTIVES: 1. The drafting of Indian constitution took 2 years, 11 months and 18 days to complete. 2. To Dr. B. R. Ambedkar „the Heart and should of the Constitution is the Right to Constitutional Remedies‟. 3. The Indian Constitution is divided into 21 parts. 4. Who among the following was not a member of the constituent Assembly established in July, 1946? (a) Mahatma Gandhi (√) (b) Dr. B.R. Ambedkar (c) K.M. Munshi (d) N.Gopalaswamy Ayyanger 5. The first Session of the Constituent Assembly was held in which of the following? (a) Bombay (b) Calcutta (√ ) (c) Madras (d) New Delhi 6. The design of the National Flag was adopted by the Constituent Assembly of India in (a) July, 1947 (√ ) (b) January, 1947 (c) August, 1950 (d) November, 1949 7. Which of the following terms was not included in the original Preamble of India? (a) Socialist (√) (b) Democratic (c)Republic (d) Sovereign 5 8. Which of the following Article of the Indian Constitution deals with the Right to Education? (a) 21(A) (√) (b) 14 (c) 19 (d) 300(A) 9. In which case the Supreme Court gave a ruling that the Preamble was a part of the constitution? a. Golak Nath Case b. Keshavananda Bharati Case 1973 (/) c. Berubari Case d. None of the above 10. The constitution of India came into force on a. 26th November, 1949 b. 26th January, 1949 c. 26th November, 1950 d. 26th January, 1950 (/) 6  UNIT-II Fundamental Rights (Part III of the Constitution of India) Introduction: The constitution of India, like the constitution of France, USA, Japan and several other liberal democratic countries, contained a detail Bill of Rights which grants and guarantees the Fundamental rights and freedom of the people of India. The decision to include a written Bill of Rights in the constitution was governed by the desire to provide adequate opportunities for self development to the people of free India. The Bill of Rights of the constitution enumerates the Fundamental Rights of the Indian citizens. It has been describe by the Supreme Court as part of the basic structure of the Constitution. The scholars highlight its importance as the Indian Magna Carta of rights and freedoms. Features/ Nature of the Indian Bill of Rights The following are the main features of the Indian Bill of Rights: 1. An Elaborate and Comprehensive Bill of Rights. The Indian Bill of Rights is an elaborately detailed and a comprehensive charter of rights and freedoms. Part III, containing 24 Articles from 12 to 35, enumerates the fundamental rights of the Indians. Initially, there had been laid down seven fundamental rights of the Indians but with the deletion of the Right to Property(44th Amendment) from this part, the number came down to six. 2. No Natural or Unmentioned Rights. Unlike the US constitution which guarantees the rights mentioned in the constitution as well as all other rights enjoyed by the people, the constitution of India does not give any recognition to the natural or unenumerated rights. The US constitution provides for all rights written or non-written. However, the Indian Constitution grants only fundamental rights written in its Part III. 3. Special Rights and Protections for the Minorities. The Indian Bill of Rights guarantees some special rights to the minorities. Article 29 and 30 guarantees the cultural and educational rights of the minorities. The constitution abolishes untouchability and grants special protection to women and children. 4. Negative and Positive Rights. The Indian Bill of Rights contains both negative and positive rights. Some rights are negative in the sense that these impose restriction on the state and thereby protect the rights and freedom of the people. For example, Art. 15 prevent the state from making discrimination on the basis of caste, creed, religion, place of birth and sex. Art. 17 abolish untouchabelity, Art. 18 prohibit the grant of any title except for military or academic distinction. Hence, these are negative rights. The positive rights are one which permits the citizens to enjoy certain freedoms. For example Art. 19 (I) fundamental freedoms enjoyed by the people. Hence the constitution provides for both negative and positive rights. 7 5. Lack of Social and Economic Rights. The constitution does not include social and economic rights in the list of fundamental rights. It grants civil rights and freedoms. Social and economic rights like Right to work, Right to Leisure, Right to Social security etc., have not been incorporated in Part III of the constitution. These stand included in Part-IV- the Directive Principles of State Policy, which is non-enforceable part of the constitution. 6. Difference between the Citizens and Aliens. In the grants of rights, the constitution makes a distinction between the citizens and aliens. While all the rights stand granted and guaranteed to all citizens, only some rights are available to the aliens. Such rights are equality before law; religious freedom and some other are available to the citizens and aliens alike, while some other rights as freedom of speech, assemble and organisation are available to the citizens only. These are now available to the aliens. 7. Rights are not Absolute. The fundamental rights are not absolute. These have not been concluded in absolute terms. Many restrictions have been placed on their enjoyment. While describing the nature and content of each right, the Constitution also describes its limitations. The Parliament has also been empowered to impose, by law, reasonable restriction on the rights. However, the Supreme Court has the power to examine the validity of the restrictions imposed on fundamental rights by the parliament. It has the power to judge the reasonableness of the restriction imposed by the law of the parliament or by the amendments. Thus, the constitution strikes a balance between individual liberty and social control by making the fundamental rights subject to reasonable restrictions. 8. Rights are binding equally upon the Union, the States and other State Authorities. The constitution makes the right binding upon all authorities. It stands clearly stated in Article 12 of the constitution which explains the meaning of the term State, as used in the context of Part III. It affirms that this term covers the Union, the State, the Parliament and all State authorities. 9. Enforcement of Rights. The constitution not only grants but also guarantees the fundamental rights. The constitution, in fact the part III, itself contains a special constitutional provision, a fundamental right under Art.32, which provides legal and constitutional protection to the rights. The citizens have been given the right to seek the protection of the Supreme Court for getting their right enforced. The Supreme Court has been given the power to issue Writs for protecting the fundamental rights of the people. It has been constitutionally assigned the duty to act as the guardian protector of fundamental rights. 10. Parliament power to amend Fundamental Rights. The Fundamental rights contained in the constitution can be amended by the Parliament in accordance with the power and procedure laid down in Article 368 of the constitution. The Parliamnet has in practice exercised this power on several occasions. In 1967, in the Golak Nath case judgement, the Supreme Court decided that the Parliament has no power to amend fundamental rights as these were sacrosanct. However, the Parliament claimed this power and made the 24th amendment in the constitution. Thereafter, the Supreme Court, in its judgement in the Keshvanada Bharati case, ruled that Parliament has the power to amend the constitution, 8 including Part III, which contained the fundamental rights and freedom of the people, but that it cannot ament the basic structure of the constitution. Hence, the Parliament has the power to amend the fundamental rights but it cannot change the basic structure. 11. Right to Property is now not Fundamental Rights. Initially, under Art.19 (1) and 31 of the constitution, the citizens enjoyed the fundamental rights to property. However because of the hindrance posed by these articles in the way of implementation of socio-economic reforms in the society, this right was deleted from Part III and was made a legal right under Article 300A. This was done by the 44th Amendment of the constitution. 12. Right to Education of Children. By 86th Constitutional Amendment Article 21A has been added which grants to the children between the age group of 6-14, the fundamental right to education. It contains provision for compulsory and free education and therefore tries to implement the Directive Principles contained in Art. 45 of the constitution. 13. Constitutional Superiority of Fundamental Rights. The fundamental rights incorporated in the constitutional stand at the higher pedestal than ordinary laws and the Directive Principle of State Policy. the laws in existence before the promulgation of the Constitution, and those enacted after the promulgation of the constitution, are considered void if they come into conflict with fundamental rights enshrined in the constitution (Article 13). These features clearly bring out the nature of Indian Bill of Rights. These constitute a vital pillar of Indian democracy. These are “the shield of democracy. They protect the individual and specially the minorities against government autocracy and against the Tyranny of the majority”. FUNDAMENTAL RIGHTS A DETAILED DESCRIPTION. Originally, Part III of the constitution described several fundamental rights of the Indians. But after the 44th Amendment to the constitution, there number came down to six. Right to Property (Art.32) got deleted from the list of fundamental rights and became a legal right under Art. 300A. The six fundamental rights of Indian citizens are: 1. The Right to Equality (Art.14 to 18) 2. The Right to Freedom (Art.19 to 22) 3. The Right against Exploitation (Art.23 to 24) 4. The Right to Freedom of Religion (Art. 25 to 28) 5. Cultural and Educational Rights(Art.29 to 30) 6. Right to Constitutional Remedies (Art.32) I. Right to Equality (Art.14 to 18) Articles 14 to 18 of the Indian Constitution have been devoted to the right to equality. This right ensure social and political equality to the citizens of India; 9  a. Article 14 guarantees to all people‟s equality before the law and equal protection of laws within the territory of India. This Article asserts the supremacy of Law or Rule of Law. Every citizen irrespective of his status is subject to the same law and the same courts. b. According to article 15 the state shall not discriminate against any citizens on grounds of religion, race, sex, decent, place of birth etc. c. Article16 has guaranteed equality of opportunity in matter relating to employment or appointment to public services to all citizens irrespective of religion, race, sex, descent, place of birth or residence. d. Article 17 has declared untouchabelity in any form as unconstitutional. e. Article 18 has laid down that no titles except honours for military or academic distinction. II. Right to Freedom (Article 19 to 22) Article 19 to 22 of the constitution cover the right to freedom. Article 19 of the constitution guarantees six freedoms to the citizens. All citizens shall have right to: a. Freedom of speech and expression b. Freedom to assemble peacefully and without arms. c. Freedom to form association or union. d. Freedom of movement. e. Freedom to reside and settle in any part of the territory of India. f. Freedom of profession, trade or business. Article 20 states, “No person shall be convicted of any offence except for violation of a law enforced of commission of the charged as an offence, nor be subjected to a penalty greater than which might have inflicted under the law at the commission of the offence”. Article 21 provides protection to the life and liberty of citizens as well as non-citizens. It provides the right not to be subjected to imprisonment, arrest or physical in any manner without legal justification. Article 21A, Right to Education. The 86th constitutional amendment act 2002 makes free and compulsory primary education as a fundamental right. The amendment of Article 21 of the constitution declares that, “Government will provide free and compulsory education to all children from the age of 6 to 14 in such a manner as the state made by law determine”. Article 22 states that no person who is arrested shall be detained in custody without being informed as soon as may be of the grounds for such arrest nor shall he be denied the right to consult, a legal practitioner of his choice. 10  Every person who is arrested and detained in custody without the authority of a magistrate shall be produced before the nearest magistrates within a period of 24 hours of such arrest. III. Right Against Exploitation (Article25 to 28) Article 23 prohibits traffic in human beings and bagger and similar forms of forced labour. Any contravention of this provision is punishable in accordance with law. This provision however, does not prevent the state from imposing compulsory service for public purpose. However, in doing so the state cannot discriminate among citizens on the ground only of religion, race, caste or class. Article 24 provides that no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. IV. Right to Freedom of Religion (Art. 25 to 28) Right to freedom of religion ensures the positive aspect of secularism as it gives the people the right to freely adopt and propagate any religion. Article 25 guarantees to all persons, the freedom of conscience and the right to profess, practice and propagate any religion. Forcible conversion stands prohibited in India. Article 26 grants every citizens the right to established and maintained institution for religion and charitable purpose, to manage its own affairs in matters of religion, to own and acquire movable and immovable property and to administer such property in accordance with law. Under Article 27, the constitution lays down that no person shall be compelled to pay taxes, the proceeds of which are specifically appropriation in payment of expenses for the promotion or maintenance of any particular religious denomination. Article 28 prohibits the imparting of religious instruction in any educational institution which is wholly maintained out of the state funds or receiving aid from the state. The articles relating to the freedom movement of religious have helped to establish a secular state in India with the state adopting an attitude of strict impartiality in matter of religion. V. Cultural and Educational Rights (Art. 29 to 30) The constitution provides special protection to the minorities. Article 29 states that, “Any section of the citizens residing in the territory of India or any part thereof having a distinct language, scrip or culture of its own shall have the right to conserve the same”. Article 30 states that all minorities, whether based on religion or language, shall have the right to established and administer educational intuitional of their choice. They have the right to admit students of their institution, to have their own governing bodies and to adopt their 11 respective system of instructions. Further, the state while providing grants-in-aid to educational institutions cannot discrimination against such minority. VII. Right to Constitutional Remedies (Art. 32) Article 32 guarantees the right to move the Supreme Court by appropriate proceeding for the enforcement of the rights. It empowers the Supreme Court to issues direction or order or writs for the purpose. The writs include: 1. The Habeas Corpus: which provides a remedy against wrongful detention person in the court and fully justify the cause of his detention. 2. The Mandamus: by which the court can order an inferior authority to do an act which fall within its jurisdiction. 3. The Prohibition: by which the court can prohibits an inferior authority from doing an act which does not fall within its jurisdiction. 4. The Quo Waranto: by which the court can restrain from acting in a public office to which he is not entitle. 5. The Certiorari: by which the court can order an inferior court to transfer the matter to it or to some other authority for its proper consideration. However, during an emergency (Under Art. 352- 356) the President can by a specific order suspend the right to move the court for the enforcement of the fundamental rights, except the rights available under articles 20 to 21. Main Points of Criticism (Critical evaluation) The nature of Indian Bill of rights and the description of the fundamental rights as contained in the constitutional has been an object of criticism with many constitutional pundits. They point out several weakness of the Indian Bill of Rights; 1. Difficult Language. The Indian Constitution in general and its part III in particular has been written in a difficult and technical language. It has made lawyers paradise. This feature makes it difficult for a common citizen to comprehend the meaning and scope of his fundamental rights. Even the court while interpreting the rights subjects these to different interpretations at different time. 2. Incorporation of Preventive Detention. A highly objectionable feature of the Part III of the constitution happens to be the incorporation of the provision for preventive detention under article 22. This provision constitutes very serious and undemocratic limitations upon the right to personal freedom. Its misuse by the government on several occasions has compounded its evil character. 12 3. Lack of social and Economic Rights. The Bill of Rights is also inadequate in so far as it fails to incorporate social and economic rights. It gives no place to such rights as rights to work, right to rest and leisure, right to old age security and other such socio-economic rights. 4. Deletion of Right to Property. By the 42th Amendment of the constitution the Right to Property was deleted as a fundamental right. It was made a legal right under Article 300A. The deletion of Right to Property has limited further the scope of Part III of the constitution 5. Parliament can amend Fundamental Rights. The constitution has placed in the hand of the parliament the power to amend fundamental rights. This power of the parliament was given constitutional status by the 25th amendment which amended Article 13 and 368 for this purpose. The Supreme Court, while accepting this power of the Parliament, has held that the parliament cannot use this power to change the basic structure of the constitution and this Part-III is a part of the basic structure. Nevertheless, lack of a clear cut enunciation of the concept of basic structure has placed a big discretion in the hand of the parliament in respect of its power to amend the fundamental rights. The parliament has the power to specify the nature and content of each right. 6. Non recognition of natural rights. The constitution specifies that there is no outside the rights mention in Part III. It gives no place for natural rights based upon such sacred principle as natural justice. On the basis of all these arguments, the critic brings out the unrealistic of fundamental rights in India. However, despite this limitation, the fundamental rights incorporated in Part III of the constitution together constitute a formidable foundation of Indian democracy. These are designed to ensure a healthy environment for the development of the people and their system. Part III constitutes a valuable and important check upon the government and it acts as a bulwark against executive despotism. It provides for the essential rights and freedom without which no one can attempt to attain one‟s best self. It provides protection to the minorities by guaranteeing cultural and educational rights. It sees to build egalitarian society free from discrimination on the basis of colour, caste, creed, religion, sex and place of birth. By making untouchable a crime, it has taken a commendable step towards the securing of social equality of India. QUESTIONS: 1. What are the features of Fundamental Rights? Briefly discuss the Fundamental Rights of the India Citizens. 2. Critically examine the Fundamental Rights guaranteed in the Constitution of India by giving your own views. 3. What rights do Article 20 and 21 deals with? Can these rights be restricted or temporarily suspended? 4. Short Notes a. Article 32 of Indian Constitution. b. Article 19 of Indian Constitution. 13 OBJECTIVES: 1. Fundamental Rights of the Indian Citizen are in: Ans: Part III of the Constitution. 2. The Fundamental Rights of the Indian Constitution covers from: Ans: Articles 12 to 32 of the Constitution. 3. The six freedoms of the Indian Citizens are under: Ans: Article 19 of the constitution. 4. The Right to Property has been omitted from the list of Fundamental rights by; Ans: The 44th Amendment Act 1978 of the constitution. 5. Right to cultural and education is dealt under: Ans: Articles 29 to 30 of the Constitution. 6. Which Fundamental Rights was described by Dr. B.R. Ambedkar as “the heart and soul of the Constitution”. Ans: Right to Constitutional Remedies.(Art.31) 7. Which Writ is issued in case of illegal detention of a Person? Ans: Habeas Corpus. 8. Mention the Writ which prevents a person from taking an action to which he is not officially entitled? Ans: Quo Warranto. 9. Name the Writ that can be issued to direct and ensure performance of public duty. Ans: Mandamus. 10. Which Writ is issued by the High Court to a lower Court to stop proceedings in a particular case? Ans: Prohibition. 11. The Fundamental Rights in the Indian Constitution are : Ans: Justiciable. 12. Fundamental Rights can be suspended by the President during. Ans : National Emergency. 14  UNIT-III FUNDAMENTAL DUTIES OF THE CITIZENS Introduction Rights and Duties always go together. These are inter-related and these represent the two sides of the same coin. The constitution makers were fully aware of this valid and recognised principle of political science. However, while providing for a chapter on fundamental Rights they chose to ignore the inclusion of a separate chapter on fundamental duties because of a faith in the above principle. They felt that fundamental duties constituted an implied and inseparable part of the chapter on fundamental rights. However, after the operation of the constitution for nearly four decades, it was felt that there was a definite need to make the people fully conscious of their duties towards the nation. In February 1976, the Swaran Singh Committee was established for suggesting constitutional reforms. In its report, published in May 1976, this committee recommended, besides other things, the incorporation of a list of fundamental duties of the people of India. Accepting the recommendation of this Committee, the Parliament passed the 42nd Amendment (1976) and by it introduced a new part, Part IV A, in the Constitution. In this Part Article 51A was added and it enumerated 10 Fundamental Duties of the people of India. These duties are further expanded by 86th Constitutional Amendment (2002). There are 11 Fundamental Duties of the Citizens of India, which have been discussed below; 1. Respect the constitution, the national flag and the national anthem. 2. Cherish the noble ideals of the freedom struggle. 3. Uphold and protect the sovereignty, unity and integrity of India. 4. Defend the country and render national service when called. 5. Promote the common brotherhood of all the people of India and renounce any practice derogatory to the dignity of women. 6. Preserve the rich heritage of the nation‟s composite culture. 7. Protect the natural environment and have compassion for living creature. 8. Develop scientific temper, humanism and spirit of inquiry and reform. 9. Safeguard public property and abjure violence. 10. Strive for excellence in all individual and collective activity. 11. To provide opportunities by a parent or guardian for education to his/her child or as the case may be, to the ward between the age of six to fourteen years. 15 Significance of Fundamental Duties: Constant Reminder: These duties are a constant reminder to the citizens that while enjoying their rights, they should acknowledge their duties towards the nation and other fellow citizens. These Duties also serve as an alarm to the people to refrain from any anti- social, ant-illegal activities that disrespect the nation like burning the flag, destroying public property, or disturbing public peace, and tranquillity. Inculcate a Sense of Commitment: They also help in inculcating a sense of discipline and commitment in the citizens towards the nation. They help in realizing national goals through the active participation of citizens rather than mere spectators. They give the impression that citizens are not passive bystanders but active participants in achieving national goals. Determinant to the Constitutionality: It helps the Court in determining the constitutionality of the law. For instance, any law passed by the legislatures, when taken to Court for constitutional validity of the law, if it is giving force to any Fundamental Duty, then such law would be taken as reasonable. For instance, the Supreme Court ruled in 1992 in the case of Mohan Kumar Sighnania vs. Union of India, that when determining the constitutionality of a law, if a court finds that the law in question seeks to give effect to a fundamental duty, it might believe such regulation to be „sensible‟ according to Article 14 or Article 19, and in this manner save such regulation from unlawfulness. Motivation for Parliament: The parliament can enforce them by law and impose any type of penalty or punishment for violating any of the Fundamental Duties. In the words of late Prime Minister Indira Gandhi, “The moral value of fundamental duties would not be to smoother rights but to establish a democratic balance by making people conscious of their duties equally as they are conscious of their rights”. Work as Deterrence: The Fundamental Duties work as a deterrent to anti-national and anti- social activities such as burning the national flag and destroying public property. They are ideal and guide citizens in the right direction. Shape the Society: Fundamental duties make citizens aware of their social and citizenship responsibilities, thereby shaping a society where everyone is concerned and considerate of our fellow citizens‟ inalienable rights. Critical Analysis of the Fundamental Duties: Non-justifiable Duties: These duties are a code of conduct laid down on the recommendations of the Swaran Singh Committee. Since they are unjustifiable there is no legal sanction behind them. This makes the inclusion redundant in nature. Vague in nature: Certain Fundamental Duties are vague in their interpretations. For instance, for a common citizen, the interpretation of „composite culture‟, „rich heritage‟ „humanism‟, or „excellence in all spheres of individual and collective activities‟ may differ. They will realize the importance of these duties only when these terms are simplified. 16 Revision and Review are needed: There is a need to revise the present list, simplify their language and make them more realistic and meaningful and add some urgently required more realistic duties. Also, it should be tried to make them justiciable. Non-inclusion of Certain Issues: In the Fundamental Duties, certain issues, which are dynamic in nature, are not included. For instance, taxation, family planning, voting, other important responsibilities, etc should also be included. Non-required Inclusion: Their incorporation in the Constitution was considered pointless by several jurists. The sense of duties should come from inward as the obligations specified in the Constitution as essential are completed by individuals regardless of whether they were not revered in the Constitution. Conclusion: The Fundamental Duties, undoubtedly, supplements the Fundamental Rights enshrined in Part III of the Constitution. However, there is a need for these Duties to be justifiable and obligatory for all the citizens subject to the State enforcing the same by means of enacted laws. The Supreme Court, in this direction, has already directed the State in this regard, with a view towards making the provisions effective and enabling citizens to properly perform their duties properly. Conclusively, in the modern context, it has become increasingly important to inculcate civic obligations among Indian citizens. This object can be achieved by adding new duties to the existing list of duties under the Constitution while simultaneously laying emphasis on the performance of the existing ones. ACTIVITY FOR STUDENTS: 1. Students are required to conduct a survey (Minimum 25 despondence) on assessing the awareness of the constitutional duties amongst the citizens. 2. Reflects on some of the constitutional values/fundamental duties and its contemporary relevance in day to-day national life through group discussion. QUESTIONS 1. Critically examine the fundamental Duties of the citizens of India. 2. Fundamental Duties of the Indian Citizens were added by the 42nd Amendment (1976) of the Constitution. 17 Suggested Reading: 1. Durga Das Basu, et al., Introduction to the Constitution of India, LexisNexis, 26th Edition, 2022. 2. Leila Seth, We, the Children of India: The Preamble to Our Constitution, New Delhi, Puffin Books, Penguin Books India, 2010. 3. Aurtin Granvile, The Indian Constitution: Cornerstone of a Nation, New Delhi: Oxford University Press, 1996 4. Kinkar Shibani Chaube, The Making and Working of the Indian Constitution, New Delhi: National Book Trust, 2009. 5. B.L. Fadia, Indian Government and Politics, Sahitya Bhawan Publication: Agra, 2002. 18