Answer Synopsis 03/12/2020

Question : Fundamental Duties, though significant, have certain limitations. Examine.

Structure of the answer

  • The first part of the answer, after briefly introducing fundamental duties, should focus on its importance.
  • The second part should contain the primary drawbacks which hinder its unanimous acceptance.

Synopsis

The fundamental duties were enshrined in the constitution via the 42nd amendment (1976). They aim at presenting a set of obligations for every citizen of India.

Significance of Fundamental Duties

  1. Its continuance since decades speaks of its relevance. Its serves as a reminder to the citizens that while enjoying their rights, they must be aware of their duties.
  2. The fundamental duties have underpinned various legislative developments.
  3. The judiciary has also several times, found consolations in the projections of the FDs. Additionally the way of natural justice are propagated amongst the citizens.
  4. The anti-national &anti-social activities are restrained under the umbrella of fundamental duties.

Limitations of Fundamental duties

  • Primarily non- justiciable, flouting of the fundamental duties doesn’t draw legal action.
  • The exact nature of the fundamental duties seems to be lost amongst the vague descriptions, hence its impact is narrow
  • As not many initiatives are available for creating awareness regarding its importance, conscious realization of fundamental duties is absent amongst the citizens.
  • Being part of the appendage to part IV of the constitution, diminishes the merit of the FDs as it lacks the importance ordained upon the FRs.

In-spite of the restrictions which mellow down the true essence of FDs, a developing nation like India requires a consolidated effort to balance the rights and duties of a citizen.

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