BHARGAV KUMAR
Paradigm of origination
The establishment and foundation of our democracy
rests in our constitution. The realm of our constitution on the eve of its
adoption on 26 January 1950 mainly lied on the brims of the Preamble,
fundamental rights and DPSP. Articles confined to their chapters constitute the
soul and substance of our democracy. Though with the passage of time, due to
the flexible nature of our constitution the need for citizens' obligation to
enshrine in the constitution was never so much needed. But the consciousness
towards the duties for nation was raised by the freedom fighters and eminent
political personalities from time to time. The enactment of incorporation of
duties of the citizens in the constitution only turned up during the time of
National Emergency in 1976. The then ruling party led by Indira Gandhi as the
very first step towards citizens' duties upheld forming Sardar Swaran Singh
Committee to make recommendations towards duties and obligations of citizens
towards the country. This finally came to be known as the "fundamental
duty". The incorporation of the fundamental duties in the constitution
took place soon after the Congress government at the Centre accepted the
recommendations of Swaran Singh committee and enacted the 42nd Constitutional Amendment Act of
1976.
The amendment added a new part namely part 4A to the
constitution. The outlay towards this step taken by the then Indian government
can be resolved in varied aspects, one of which could be the self-interest of
the Indira government to compress the rising pressure against the ruling party
while the other could be as it gave birth to the fundamental duties which
morphed the constitution more viable.
A novel beginning
Our constitution in a democracy worldwide has two
primary goals. First, it defines the supreme law of the land by describing the
construct of government, its powers and its relationship to other bodies such
as state government and the judiciary. Second, it outlines a list of freedoms
and rights for citizens which can never be taken away by a rogue government.
Every amendment until the 42nd amendment fell into one of these two categories.
What was different about the 42nd amendment was that, for the first time
article 51-A imposed a series of duties of citizens. The fundamental duties
were intended to serve as a constant reminder to every citizen that while the
constitution specifically confers on them certain fundamental rights, it also
required citizens to observe certain basic norms of democracy, conduct and
behaviour because rights and duties are like two sides of the same coin.
How has fundamental duty replicated
since its origination?
Though, in India fundamental duties are majorly
looked upon and perceived as an arbitrary decision by its critics. But in real
sense, it has come a long way since its incorporation. The reliability of the
fundamental duties is confined to the citizens of the country. At the basic
lines these duties embrace moral and civic duties and responsibilities of the
citizens. The logic of its enshrining values of peaceful coexistence requires a
degree of self-sacrifice so that if necessary, this must be and enforced
through set of sanctions as fundamental duties. During the incorporation of
fundamental duties, the opposition was adamant to oppose it and called it a
loom to freedom, rights and democracy. However, the Janata government headed by
Morarji Desai in post emergency period did not annul the fundamental duties.
The pile of its importance and essential character becomes more brisk in nature
as the addition of one more fundamental duty in 2002 by 86th Amendment Act
adorned it immensely. It allocated to provide opportunities for education to
the wards between age of 6 to 14 years adding shine to diamond and making it
intrinsically essential.
Major drawbacks and ethics of strifes
The sterile challenge that fundamental duty has
snored since its incorporation are tasked by critics at times. One such covers
through its nature that conjures flexibility in excess. Right to vote on one
hand can be used as a rigid realm traced through the principle of fundamental
rights, but duty to vote is an arbitrary choice taking it on the edify of
verbosity without actions. Its addition in part 4A and not at par of
fundamental rights is also criticized and termed to be a reason by its critics.
The fundamental duty embraces as a code of moral percepts as it’s highly unjustifiable.
Its superfluous nature makes it a plethora of lenient codes of conduct. Its
misuse and misogyny of implementation at times on citizens has been at zenith
to the birth of fundamental duty. In 1976 when the then ruling party misused it
in breaching pressure groups and basic political, social freedoms of the
citizens. From the regime of Indira Gandhi "Anti National" has become
a boundlessly manipulative word that is often enriched in the spirit of self-interest
and can move whatever those in power want it to mean. The terms like anti-
national, treason viably have been dauntlessly venturing the pressure groups at
times and go for these duties and its violation. The insatiability of the
implicit nature of fundamental duty on ruling authority, bureaucratic society
and elite class through discrimination, favoritism and solidarity has blended
the barrel of its misuse and adds as an ethical strife.
Reforms and prerogatives
The major drawback of fundamental duties traced at
the brim of its non-justiciable nature and the confined nature to the citizens
but not the state. The congruent nature of fundamental duties like that of DPSP
yearn to possess its feeble character. Though, these principles find relevant
place in the constitution but at practical lines fail to implicit its sense of
real ethnic principles. The promotion of 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 which is enshrined in article 51-A (e) as a fundamental duty subjugate its own
practical nature to insatiable edges. The ruination of this duty is a common
cause verified in various parts of the country and authorities at instant times
play a part in it. The non-justiciable nature of these duties and incorporation
of lines of duties to the authoritative and state level is a big failure.
On the other hand, as certain provisions like
article 51-A (g) is the duty of the center to introduce compulsory teachings of
lessons at least for an hour in a week on protection and improvement of
environment in all Educational Institutes (MC Mehta versus Union of India
1987). The protection of natural environment including wildlife and have
compassion for creatures has gone beyond level of vehement responsibilities
swirling united and as mutual response of both state and the citizens.
Similarly, providing educational opportunities to the wards 51-A (k) is only
effective at grassroots level when it became a fundamental right. Sometimes the
dubious intention and political aspirations of power capture, polarization etc
by the ruling parties or the political parties since the enactment of 42nd
amendment has resulted to implicit an antithetic effect that threatens the
democratic constitutional principles. This has to be brought into the reminders
of the Judiciary and legislature by eminent response of coding these
voids.
In another case, it refers to the fundamental duty
to strive for "Excellence" and it means surpassing merit, virtue,
honesty, performance, dignity and eminence.
Constitution law gives have provided that the citizens of this great
nation shall perform their duties in an excellent way than performing it halfheartedly.
The performance of these duties have to be brought completely within
constitutional laws which should also endure to the obligatory subject of the
state to give that flexibility and same set of responsibilities to covet the
act of welfare and good to the citizens. As opined by Gandhi, in Hind Swaraj
for this constitutional age, "real duties are the result of the
fulfillment of rights."
Sources: - Indian Polity (M.
Lakshmikant), Introduction to the Constitution of India (D.D. Basu)
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