FUNDAMENTAL DUTIES: CADENCE OF IT’S CONTEXTUALISATION IN THE INDIAN CONSTITUTION.



Abhishek Dubey, Ph.D. Scholar, Deen Dayal Upadhyaya Gorakhpur University


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ABSTRACT


“A duty is an obligatory act, that is to say, it is an act opposite of which would be a wrong”

–Salmond[1]


The fundamental duties under Constitution of India cannot be enforced by writs, however they are useful while interpretation of statutes[2]. Jurisprudence, being science of law, is highly important to explore the relevance and contextualization of any concept pertaining to Law. In the same line, the above statement of Salmond provides a foundation to the nature of fundamental duties under Constitution of India. The principal jurisprudential aspect of duty makes it obligatory irrespective of its original status, which means to say if anything is referred as duty its performance is not subject to denial on which it is burdened procedurally. Another aspect, especially in connection of fundamental duties under Constitution of India, supports to consider that if the duty itself is an obligatory act, what would be its real nature when it is the part of principal law of land i.e. Constitution of a political state which is supreme in that polity.

Further, fundamental duties under Constitution of India was not included by constituent assembly while making the Constitution, rather it was inserted through a constitutional amendment act[3], after 26 years of the adoption of original Constitution and it is still the part of same, with an interesting journey of 42 years. On these, its need, usage, relevance & scope can never be denied within Indian polity. As of now, total of 11 fundamental duties[4] are placed at the cost of no specific enforceability, but it is highly interesting that none of the fundamental duties are, even deserves to be denied by a citizen, who is provided with wide range of rights with strict enforceability.




[1] V.D. Mahajan’s Jurisprudence & Legal Theory, 5th Edition, Page 250 [2] Surya Narain Choudhary V. Union of India AIR 1982 Raj 1 [3] The Constitution (42nd Amendment) Act, 1976 (w.e.f. 3rd January 1977) [4] Part IV A, Article 51 A, Constitution of India

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