Article 51A of the Indian Constitution - Detailed Analysis

Interpretation of Article 51A of the Indian Constitution

Article 51A of the Indian Constitution

Article 51A states that it shall be the duty of every citizen of India-

1. To abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem.
2. To cherish and follow the noble ideals which inspired the national struggle for freedom.
3. To uphold and protect the sovereignty, unity, and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and the spirit of common brotherhood among all people of India, transcending religious, linguistic, and regional diversities, and to renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
8. To develop the scientific temper, humanism, and the spirit of inquiry and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.
11. To provide opportunities for education to children between the ages of six and fourteen (inserted by the 86th Amendment Act, 2002).

Judicial Pronouncement on Article 51A of the Indian Constitution

The judiciary has played an important role in interpreting and enforcing Article 51A of the Indian Constitution which deals with fundamental duties.

M.C. Mehta vs Union of India (1988)

The Supreme Court highlighted the duty to protect and improve the natural environment under Article 51A (g). The Court held that educational institutions introduce compulsory teaching on environmental protection and improvement for at least one hour weekly. The Court also directed the distribution of relevant textbooks free of cost and suggested initiatives to promote cleanliness.

Aruna Roy vs Union of India (2002)

The Supreme Court in this case upheld the validity of the National Curriculum Framework for School Education (NCFSE) and held that it did not violate Article 28 regarding religious instruction. The Court linked the NCFSE to Article 51A (e) promoting harmony and common brotherhood among diverse groups while endorsing universal values like truth, peace and non-violence.

AIIMS Students Union vs AIIMS and Ors. (2001)

The Supreme Court in this case observed that while Fundamental Duties are not enforceable by writ but they provide valuable guidance for interpreting constitutional and legal issues.

State of Gujarat vs Mirazpur Moti Kureshi Kassab Jamat (2005)

The petitioners in this case challenged the Bombay Animal (Preservation of Gujarat Amendment) Act, which prohibited cow slaughter. The petitioners claimed that it violated their right to business under Article 19 (1)(g). The Supreme Court upheld the ban as a reasonable restriction aligned with the objectives of the Directive Principles of State Policy in Article 48 and Article 51A and affirmed its validity.

Government of India vs George Philip (2006)

In this case, the Supreme Court dealt with the compulsory retirement due to prolonged absence from duty. It highlighted Article 51A (j) which imposes a duty on citizens to strive for excellence and maintain discipline. The Court held that judicial interference should not negate the spirit of the Fundamental Duties.

Shyam Narayan Chouksey vs Union of India (2017)

The Supreme Court in this case examined the Prevention of Insults to National Honour Act, 1971. The Court affirmed the necessity of respecting the National Flag and Anthem. The Court also highlighted the obligation of citizens to show respect whenever the anthem is played.

Conclusion

Fundamental Duties are guaranteed under Article 51A of the Indian Constitution and are essential for promoting civic responsibility and moral duty among citizens. These duties show the values and ideals necessary for the progress and unity of the nation and contribute to the overall betterment of the society. The judiciary has played an important role in interpreting and reinforcing these duties through various landmark judgments and highlighting their role in maintaining a balance between individual rights and societal obligations.