Legal Enforcement of Fundamental Duties: A Subject of Debate

 

Legal enforcement of fundamental duties: a Subject of debate

 

Need for enforcing fundamental duties:

  • Fills legal vacuum making them obligatory: If the existing laws are inadequate to enforce the needed discipline and behavioural change among citizens, the legislative vacuum needs to be filled. This could call for strategies such as making fundamental duties enforceable.
    • In M.C. Mehta v. Union of India, the Supreme Court introduced compulsory learning of lessons on protection and improvement of the natural environment in all the educational institutions of the country as a part of Fundamental duty under Article 51-A (g).
  • Promote patriotism: The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India.
    • For instance, to uphold and protect sovereignty, unity and integrity of India, to defend the country and render national service when called upon to do so and to disseminate a sense of nationalism and to promote the spirit of patriotism to uphold the unity of India.
    • These fundamental duties assume significance after the emergence of China as a superpower.
  • Legislative potentials like DPSP: At times, Directive Principles Of State Policy (DPSP) has taken precedence over Fundamental Rights and some of them have found their way into statute books
  • Guide the elected representatives: The fundamental duties enjoined on citizens under Article 51-A should also guide the legislative and executive actions of elected or non-elected institutions and organisations of the citizens including the municipal bodies.
  • Enables judiciary to examine legislative reasonableness: There have been certain situations, where the Courts have been called upon to examine the reasonableness of any legislative restriction on the exercise of a freedom, the fundamental duties are of relevant consideration.

The inclusion of fundamental duties has helped to strengthen democracy. The moral value of fundamental duties would be not to smother rights but to establish a democratic balance by making the people conscious of their duties equally as they are conscious of their rights’. The provisions for enforcement of fundamental duties should be made considering the multiculturalism and pluralism of India.

Comments

  1. ARCHANASeptember 5, 2023 at 4:17 AM

    Loved the blog..keep your pen in tune with your thoughts 🤔
    You have great potential

    ReplyDelete

Post a Comment

Popular posts from this blog

Teacher, The Guiding Light✨

17th December was the last day of my internship as a teacher. It was a learning experience, an enriching experience, made new friends, met a lot of new people, crossed few barriers of mind and heart, but the most beautiful and memorable experience I gained was as a teacher. I had no idea of what my students feel about my teaching till the last day. The poured their hearts out on the last day of internship. The feeling was overwhelming and surreal. I realised how many lives I have touched through my teaching, how much students have got connected to me during this short span of time. Honestly speaking I didn't know that I had the trait of teaching in me, I could also be a good teacher. I have always idolized my nana ji and my mother as a teacher, for me, they are the perfect examples of a good teacher. They are not only the masters in their respective subjects, but also they connect really well with their students, they are more like a guardian, a friend to their students. Firstly, I...
Read more

TOOLS FOR A HAPPY LIFE!!!

Image
I want to share with you all few tools that are helping me to sustain and grow when things are pretty rough around the world. Trust me, this has helped me immensely, it has brought a huge change in my life and I’m learning new ones. We are much more than our careers . We are more than our promotions and 10 failures. They are experiences of our lives; they are NOT our entire life. Recognise and value those who are ROCK SOLID in your life . We are full of ourselves, we want to be heard, and we want to be seen. For a change, listen, see, feel, and you will get to see a positive change in you and you will make one life better by just doing that. Nurture your relationships , don’t take them for granted, because they ground you, they nurture you. We’ve got this gift of love. Relationships are like plants, you’ve to keep watering them, and you’ve got to really look after it, nurture it. Eat Healthy . You are what you eat . It’...
Read more

Equity in Science

  Imagine a world where everyone had an equal opportunity to pursue a career in science, where the next Einstein could come from any background, any country, any gender and not just the privileged few. Equity in science is about unlocking the full potential of human ingenuity. Equity refers to fairness and justice in the distribution of resources, opportunities, and privileges, taking into account the unique circumstances and needs of individuals or groups. It recognises that different individuals or groups may require different levels of support or accommodations to achieve a level playing field. Equity aims to address historical and systemic disadvantages and achieve ‘equality of opportunity’. Equality refers to the principle of treating everyone the same or providing the exact same opportunities and resources to all individuals or groups regardless of need. It focuses on uniformity and equal treatment without necessarily considering the specific needs, circumstances, or histor...
Read more