Duties before rights


Dr. Neelam Tyagi
Assistant Professor (Sr. Scale), Campus Law Centre, University of Delhi

The Fundamental Duties listed in Part IV- A of the Constitution of India under Article 51-A were added by the 42nd Constitution (Amendment) Act, 1976. These duties are non-justifiable, non-enforceable and propose a Code of Conduct that installs a sense of moral responsibility and patriotism among citizens. They are a continuing reminder of national goals and install a sense of social responsibility among the citizens. However, in contemporary times, the fundamental duties are constantly ignored by citizens. Though fundamental duties are incorporated under several statutes and legislation that makes their adherence mandatory, in general, their level of awareness remains poor. With the help of case laws, the paper will highlight that democracy cannot establish deep roots in society until the citizens don’t complement fundamental rights with their fundamental duties. This paper infers that effective implementation of fundamental duties requires devising a due mechanism for preventing them from becoming redundant.

Keywords: Fundamental Duties, Non-Justifiable and Non-Enforceable, Preservation of Democracy, Relevance of Duties

Read the full paper

Preferred Citation

Dr. Neelam Tyagi, Duties before rights: an assessment of fundamental duties during the present time, The Lex-Warrier: Online Law Journal, (2022) 1, pp. 18 – 28, ISSN (O): 2319-8338