Why Fundamental Duties Should Be Made Enforceable?
Rights that do not flow from duty well performed are not worth having.- Mahatma Gandhi
The fundamental duties of the citizens of India are mentioned in Article 51A of
the Indian Constitution. By the 42nd Amendment of the Constitution, adopted in
1976. Citizens of the country always seek their rights in the courts but when
the point of discussion is about the duties everyone dusts their hands out, and
no one wants to be a duty follower.
The Fundamental duties were not mentioned in the Constitution at the initial
stages but then the committee suggested that some steps are needed to be taken
to ensure that the individual did not overlook his duties while in the exercise
of his fundamental rights.
Fundamental duties were added to serve as a constant reminder to every citizen
that while the constitution specifically conferred on them certain fundamental
rights, it also expects citizens to observe certain basic norms of democratic
conduct and democratic behaviour because rights and duties are correlative.
The fundamental duties are essentially taken from the Indian tradition,
mythology, religions and practices. Essentially these were the duties that are
the codification of tasks integral to the Indian way of life.
Reasons For Enforceability
As it is established that every right, without a duty, becomes a licence to do
whatever on the part of the right holder, and this will create choice in the
society where might is right will become a norm. so, enforcement of duties is
a way to balance or smooth out the rights of an individual in society.
Rights bring enjoyment for people but duties bring it in a reasonable way with
restrictions. It is not unconstitutional because, in some or the other way it
infringes the rights but rights in our country are not absolute, there are
always reasonable restrictions upon them, and so, the Fundamental Duties are.
Fundamental Duties are warning the people against anti-social activities that
disrespect the nation. The enforcement of Fundamental Duties will restrict the
people who go against the basics of respect towards a nation.
Fundamental duties promote a sense of discipline and commitment towards the
nation from its citizens. They help the people in this or that way realising
national goals through the active participation of citizens in various
activities and duties of the citizens rather than mere spectators.
Late Prime Minister Indira Gandhi very well stated that 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.
It's A Means Of Achieving Responsible Citizenry
The Fundamental Duties, though, non-justiciable, are in some of the other
manners striving to achieve responsible citizenry and norms of a civic society.
There are various aspects of fundamental duties that play an important role, in
the enforceability, effectuation and implementation of Fundamental Duties. All
these aspects are taken together to consider those fundamental duties that
substantially help citizens to be responsible.
Elucidation and elaboration of Fundamental Duties will act as a covering aspect
for ambiguity in their description. Our country whose literacy rate is
substantial requires more attention and awareness in this area. The introduction
of Article 51-A had created a strong base for a concert national character and
will develop a sense of togetherness and harmony among all the citizens.
Need For Enforceability
As the fundamental duties are designed concerning the individual and the nation.
The sole purpose of incorporating the duties was to instil a sense of patriotism
in the citizens. There are no legal provisions for the enforceability of these
duties. These duties are non-justiciable, as the violation of this is not
punishable. Citizens are morally obligated with an inherent compulsion towards
the performance of these duties.
India is a county where the hands are open to take and not give, making duties a
moral obligation people does not give an eye to this. When one a shortest of the
point their right is violated, they can be seen Infront of courts seeking for
justice and remedies but when it comes to duties there is no such obligation on
people to perform them as it is on the state in case of rights. It is essential
for a country like India to make the duties that are essential for the proper
working of the nation and system enforceable.
In today's time, it is important to emphasise the need to remember fundamental
duties for the progress of India. Democracy cannot be established deep roots in
society until the citizens don't complete fundamental rights with their
fundamental duties. For a polity and a nation to survive, citizens should have a
high sense of duty.
The supreme court has said that since duties are obligatory for citizens, the
state should strive to achieve the same goal and focus on the same goal the
state needs to enforce them so that the people of the county will consider them
as a legal duty rather than just a mere moral duty. Rights and duties have to
exist together. Rights without duties will lead to anarchy.
There is a need for these duties to be made obligatory for all citizens, subject
to the state enforcing the same by means of a valid law, or else the law stands
in a very disadvantageous position.
To sum up Sir Robert Welch said, The real freedom of any individual can always
be measured by the amount of responsibility which he must assume for his own
welfare and security.
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