Name-Dharmita Srimali

Rollno- 8001
Course- Bsc(hons) Anthropology

VAC ASSIGMENT – CONSTITUTIONAL VALUES AND FUNDAMENTAL DUTIES

QUESTION 1. What are the fundamental duties enshrined in the Indian Constitution ?
Explain in detail . Also, explain their significance
Answer : CONCEPT OF DUTY
 Duty is an act with obligation i.e it is binding . They can be moral duties or civic
duties. Duty is associated with oneself .
 Rights is a claim or entitlement .Rights are associated with others.

INTRODUCTION TO FUNDAMENTAL DUTIES

 Fundamental Duties are enumerated in Part IV of the Indian Constitution under
Article 51 A
 It is borrowed from the constitution of erstwhile USSR .
 The original constitution did not contain the fundamental duties.
 The fundamental duties of citizens were added in the constitution in 1976.
 Fundamental Duties are confined to citizens only and do not extend to foreigners
 In 2002, one more Fundamental Duty was added i.e, to provide opportunities for
education to his child or ward between the age of six and fourteen years. This duty
was added by the 86th Constitutional Amendment Act, 2002.
 USA, Canada, France, Germany, Australia etc do not contain list of duties for
citizens.
 Apart from India, the Japanese Constitution is the only democratic constitution in the
world which contains a list of duties of citizens.
 The concept of duty has been accepted in Article 29(1) of Universal Declaration of
Human Rights.

LIST OF FUNDAMENTAL DUTIES :

According to Article 51 A , it shall be the duty of every citizen of India :
a) To abide by the constitution and respect its ideals and institutions, the National Flag
and the National Anthem.

b) To cherish and follow the noble ideals that inspired the national struggle for freedom.

c) To uphold and prevent the sovereignty, unity and integrity of India.

 d) To defend the country and render national service when called upon to do so.

e) To promote harmony and spirit of common brotherhood amongst all the people of
India transending religious, linguistic and regional or sectional diversities and to
renounce practices derogatory to the dignity of women.

f) To value and preserve the rich heritage of the country’s composite culture.

g) To protect and improve the natural environment including forests, lakes , rivers and
wildlife and to have compassion for living creatures.

h) To develop scientific temper, humanism and the spirit of inquiry and reform.

i) To strive towards excellence in all spheres of individual and collective activity so that
the nation constantly rises to higher levels of endeavour and achievement .

j) To strive towards excellence in all spheres of individual and collective activity so that
the nation constantly rises to higher levels of endeavour and achievement.

k) To provide opportunities for education to his child or ward between the age of six and
fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002.

# Fundamental Duties exhibit Western values through article 51A (h) ,(j)
# Fundamental Duties exhibits Indian way of life through Article 51A (a),(b),(c),(f) etc.
ugugugugugu

ENFORCEMENT OF FUNDAMENTAL DUTIES (FDs):

 The Constitution does not provide for their direct enforcements by the courts.
 There is no legal sanction against their violation. However, the parliament is free to
enforce them by suitable legislation.
 There is no provision declaring them non-justiciable.
 They are enforceable by law. Hence, the parliament can provide for the imposition of
appropriate penalty or punishment for failure to fulfil any of them.
 They help the courts in examining and determining the constitutional validity of the
law.
 In 1992, the Supreme Court ruled that in determining the constitutionality of any law,
if a court finds that the law in question seeks to give effect to a fundamental duty, it
may consider such law to be ‘reasonable’ in relation to Article 14 (equality before
law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.

SIGNIFICANCE OF FUNDAMENTAL DUTIES

  Strengthening the democratic fabric: Fundamental duties promote the values of
democracy, secularism, and socialism, which are the basic principles of the Indian
Constitution. They serve as a reminder to citizens that their rights and freedoms are
accompanied by certain responsibilities towards the nation and its diverse population.

 Preserving national integrity and sovereignty: Fundamental duties emphasize the

importance of preserving and protecting the unity and integrity of the nation. They
inspire citizens to work towards promoting harmony, understanding, and a sense of
common identity, transcending regional, linguistic, and religious differences.\

 Encouraging civic participation: Fundamental duties encourage citizens to actively

participate in the democratic process and contribute to the well-being of society. By
fulfilling these duties, individuals become more aware of their roles and
responsibilities as active participants in shaping the nation's destiny.

 Promoting social harmony and tolerance: Fundamental duties emphasize the need to
foster a spirit of tolerance and respect for the dignity of others. They encourage
citizens to renounce practices that are derogatory to the dignity of individuals and
groups, thereby promoting social cohesion and harmony.

 Nurturing a sense of citizenship: Fundamental duties help in cultivating a sense of

citizenship and a commitment to the nation's welfare. They remind citizens that they
are not mere recipients of rights, but also active contributors to the development and
progress of the country.

 Acting as a guiding framework: Fundamental duties serve as a guide for citizens in

making decisions and taking actions that are in line with the ideals and aspirations of
the nation. They provide a framework for ethical conduct and responsible citizenship.

 Balancing rights with responsibilities: While citizens enjoy certain rights,

fundamental duties act as a counterbalance, ensuring that these rights are exercised in
a responsible manner. They remind citizens that rights and responsibilities are two
sides of the same coin, and one cannot be divorced from the other.

QUESTION 2. What do you mean by Constitutional values? Discuss meaning and

importance of each constitutional value in detail .
ANSWER :
Constitutional values refer to the principles and ideals that are enshrined in a country's
constitution. These values serve as the foundation for the legal and political framework of a
nation and guide its governance and decision-making processes. Constitutional values
typically reflect the aspirations and beliefs of the society, and they often emphasize
fundamental rights, freedoms, and principles of justice.
Following are the constitutional values enshrined in Indian constitution:
Justice: Justice is a concept of fair distribution of resources of society whether it is natural or
manmade.
The Constitution seeks to establish social, economic, and political justice. It emphasizes the
importance of equality before the law and prohibits discrimination on the grounds of religion,
race, caste, sex, or place of birth.
SOCIAL JUSTICE – Special recognition of special needs (Pwd, SC , ST, OBC , Women ,
Minority). It is enacted through affirmative actions based on special provisions under Article-
15,16,18,23,24
Rowles- “Just society is not who favour only its privileged members but the members who
are least advantaged”
ECONOMIC JUSTICE-Economic Justice require rich and poor to be treated alike in order to
bridge gap between them
Constitutional provisions: Article 39- A: Equal justice and free legal aid
Article 39( a ): Right to livelihood
Example- Self employment schemes
POLITICAL JUSTICE- Equal share of all citizens and involving every citizen in political
process.
Constitutional Provisions: Article 325: Electoral role in India would not favour any
biasedness in including any member.
Article 326: Right to Vote

Liberty: Liberty is referred as the state of mind and the choice of reason.The Constitution
guarantees individual freedoms and liberties to all citizens. Our constitution guarentees five
types of liberties- Liberty of thought, expression ,belief, faith and worship.
There are provisions in Preamble of Indian constitution in part III (fundamental rights) under
Article- 19 to 28 which talks about liberty.

Equality: Equality is the principle of distribution in socio political life. The principle of
equality is a fundamental value in the Indian Constitution. It promotes equal opportunities
and prohibits discrimination based on various grounds. The Constitution also provides for
affirmative action measures to uplift disadvantaged and marginalized sections of society. Our
preamble contains two types of equalities- equality of status and equality of opportunity.
Constutional Provisions- Part III(fundamental rights) – Article 14 to Article 18
Part IV -DPSP
Fraternity: The Constitution emphasizes the idea of fraternity or brotherhood among all
citizens. It promotes a spirit of unity and encourages the eradication of social inequalities and
divisions.
Constitutional provisions- Article 9 , Part III (fundamental rights), DPSP, Fundamental Duties

Secularism: India is a secular country, as enshrined in its Constitution. Secularism in India

means equal respect and protection for all religions, and the state does not favor any
particular religion. Citizens are free to practice and propagate their religion without
discrimination. It talks about state and religion separation.
Constitutional provisions- Article- 14 to16, Article 25-30, Article 325 and 326

Sovereignty: The Constitution establishes India as a sovereign, democratic republic. It

recognizes the supreme authority of the people and ensures that power is vested in the hands
of the citizens, who exercise it through their elected representatives.
In Article 1 , WE in WE THE PEOPLE OF INDIA constitutes Sovereinity.

Socialism: The Constitution includes the objective of achieving social and economic justice
through a socialist framework. It seeks to reduce inequalities and ensure the equitable
distribution of resources and opportunities.
Constitutional provisions- Article 38(2),39, 41,42 &43.

Integrity: The Constitution promotes the integrity and unity of the nation. It emphasizes the
principle of national integration and encourages citizens to foster a sense of patriotism and
respect for the country's diverse cultures and heritage.

These constitutional values serve as guiding principles for the functioning of the Indian
government and the interpretation of laws. They play a vital role in shaping the country's
legal system, social policies, and governance, and they aim to create a just, inclusive, and
progressive society.

Ques 3: How is Preamble in Indian Constitution important? Would it be right to call preamble
as the ‘guiding principle to the Indian Constitution? Discuss.
Answer:
The Preamble of the Indian Constitution serves as a significant and foundational document
that outlines the guiding principles and objectives of the Constitution. While it does not grant
any enforceable rights, it plays a crucial role in interpreting and understanding the spirit of
the Constitution. With its concise yet comprehensive nature, the Preamble encapsulates the
aspirations and values of the Indian people and serves as a moral compass for the nation.
Firstly, the Preamble of the Indian Constitution sets forth the basic ideals and objectives that
the Constitution aims to achieve. It declares India as a sovereign, socialist, secular, and
democratic republic, highlighting the core values that the nation upholds. These principles
guide the functioning of the government, ensuring that the state remains committed to
principles such as justice, equality, and fraternity. By emphasizing these principles, the
Preamble provides a framework for the interpretation of laws and policies, enabling courts to
ensure that the spirit of the Constitution is upheld.
Moreover, the Preamble serves as a source of inspiration for the citizens of India. It reflects
the collective will and aspirations of the people, stating that India is a nation committed to
securing justice, liberty, and equality for all its citizens. The Preamble acts as a moral
compass, reminding individuals and institutions of their responsibilities towards building a
just and inclusive society. It inspires citizens to actively participate in the democratic process,
advocate for social change, and contribute to the nation's progress.
Additionally, the Preamble helps in resolving ambiguities and conflicts within the
Constitution. In situations where there is a lack of clarity or difference of interpretation
regarding constitutional provisions, the Preamble provides a guiding light. It assists in
determining the intent and purpose behind various constitutional provisions, aiding the
judiciary in making informed decisions. By referring to the Preamble, the courts can ensure
that their judgments align with the foundational principles of the Constitution.
Furthermore, the Preamble of the Indian Constitution acts as a unifying force for the diverse
population of the country. India is a multicultural and multi-religious society with a vast array
of languages, traditions, and beliefs. The Preamble serves as a common ground that binds the
nation together, transcending regional, linguistic, and religious differences. It emphasizes the
principles of secularism, unity, and fraternity, fostering a sense of national identity and
harmony among its citizens.
Given these reasons, it is appropriate to refer to the Preamble as the guiding principle of the
Indian Constitution. It embodies the collective vision and goals of the Indian people, setting
the tone for the entire constitutional framework. The Preamble shapes the interpretation and
application of constitutional provisions, ensuring that they align with the overarching
principles of justice, liberty, equality, and fraternity. It serves as a constant reminder of the
values and objectives that the Constitution seeks to achieve, guiding the nation towards a just
and inclusive society.
In conclusion, the Preamble of the Indian Constitution holds immense significance in the
constitutional framework of the country. It encapsulates the fundamental principles and
objectives of the Constitution, acting as a moral compass and source of inspiration. The
Preamble guides the interpretation of laws, resolves conflicts, unifies the diverse population,
and provides a common foundation for the nation. With its comprehensive and visionary
nature, the Preamble plays a crucial role in shaping the democratic fabric of India, making it
appropriate to call it the 'guiding principle' of the Indian Constitution