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Expert, Constitution of India

Jun 18, 2012 | Closed

Discuss the Constitution of India with IBNLive: Fundamental Duties

Dr Subhash C Kashyap will discuss the various aspects of the Indian Constitution. Read the relevant part here and post your questions related to Fundamental Duties (Part-IVA).

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Sir, do you think including Fundamental duties in the constitution has borne fruit? Asked by: Vaibhav Jindal
I think it has been one of the noblest & wisest addition to the constitution. Not mentioning FDs was a big lacuna in our constitution.
can a value, like scientific temper, be inculcated? Asked by: Vinit Kumar Upadhyay
Yes, ofcourse, the efforts have to be made by the state by the society at large, by families and by educational institutions, right from the earlier stages in a child's life.
should constitution have values in form of FDs? Asked by: Vinit Kumar Upadhyay
The whole constitution is based on some Fundamental values. Most particularly the preamble, the fundamental rights, the DPSP and FDs Part of the constitution exemplify this. The preamble speaks of some of the most fundamental values of justice equality, liberty, freedom, national integrity & dignity of the individual etc.
Fundamental rights of individuals carry content and meaning by virtue of the constitution binding the state to protect them. The state MUST intervene if the fundamental rights of any individual are violated. What, if anything, gives a similar substance to the fundamental duties enshrined in the constitution? Asked by: Nishant
In certain cases laws have been enacted for enforcement of fundamental duties. In several other cases there are a large number of supreme courts judgements. Justice verma committee had pointed out as many as 138 supreme court cases in the area of environmental protection alone.
What are the impediments in enacting a law for enforcement of Fundamental Duties? Asked by: Mohit Jindal
There are no impediments. In certain cases it may be a question of practicability only. In several cases infact laws have been passed. For eg the emblems & names (Prevention of improper use) Act, the protection of insults to national honour act, the protection of civil rights act, many acts in the field of protection of environment and prevention of pollution & the like.
there is simultaneous coherence as well as difference between art. 51(A) and traditional Indian values, please give your view on which of them are so. Asked by: Vinit Kumar Upadhyay
I believe that the fundamental duties Part added to the constitution in 1976 is very much in compliance with the ancient and the traditional Indian concepts of duties being as important as rights. The rights flow only from duties well performed as stated by Mahatma Gandhi.
should fundamental duties be expanded? if yes, in which direction and on basis of which principles? Asked by: Vinit Kumar Upadhyay
One of the fundamental duties of every citizen should be the duty to vote at elections. The FDs chapter needs to be expanded to include this. Also the original 10 duties were expanded to include the 11th duty of every parent or guardian providing opportunities for the education of children or wards between the age of 6 & 14.
article 51(A) looks to be lost, what can be done to bring it forward in the popular conversation? Asked by: Vinit Kumar Upadhyay
The verma committee on operationalisation of FD had made several recommendation to popularise the 11 FDs of citizens. One of the recommendations was that these should be published prominently in all NCERT text books. This is being done. Another recommendation was that there should be a special day celebrated as fundamental duties day.
Why is it that disprespect to the National Flag or National Anthem is an offense while not following the rest of the Fundamental duties are not cognisable? Asked by: Meghashyam
You see all the fundamental duties are fundamental obligations of citizenship. The Constitution does not say that they are enforceable but it also does not say that they are not enforceable by law in courts. In the case of directive principles it has been clearly stated in the constitution that they are not enforceable. In case of some of the fundamental duties, specific laws have been passed by parliament, while in others there may be no specific laws. The very first fundamental duty is to abide by the constitution and respect its ideals & institutions - the National flag & the national anthem. That the constitution is binding is axiomadic for National flag & national anthem laws and guideline exist.