Fundamental Duties

July 18, 2017 | Autor: Sayantani Bagchi | Categoria: Constitutional Law
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Descrição do Produto

A CASTLE IN THE SKY “One painful duty fulfilled makes the next plainer and easier.” Helen Keller Parts IVA of the Constitution of India vide Article 51A enumerates a list of 10 Fundamental Duties specifically meant for the citizens. The principle underlying the incorporation of Fundamental Duties is “Where there is a right there is also a duty”(Ubi Jus Ibi Officium). Privilege does not come free of responsibility and thus Fundamental Duties are intended to act as a constant reminder that while the Constitution specifically confers Fundamental Rights, it also requires the citizens to observe some elementary norms of democratic conduct. Most surprisingly three striking facts about the said Article which bring out the genuine scenario in our country must be noted. First, the need to add it was felt in 1976 (by the 42nd Amendment to the Constitution)i.e. 27 years after the Constitution received the Presidential assent, second, the said Article relates only to the citizens not to the non-citizens and third and most importantly the said duties are unenforceable in a Court of law. In our daily lives though a wide range of activities are performed the magnitude of duty bound-ness that we feel while performing each act differs to a great extent. For instance while we are in places where penalty is imposed for flouting rules, we act as gentlemen but the moment the restriction is uncapped, we depart from the clutch of civilization and feel free to unscrupulously heave almost every kind of scrap anywhere and everywhere. Thus, we must abstain from being tamed by the constricted legal framework which is seemingly feeble and strive towards humanity by discharging our responsibility towards the society at large, thereby perfectly play the role of a conscientious human being for which one’s family has a pivotal role to play.

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