Since the duties are imposed on the citizens and not upon the State, it has been held that legislation is necessary for their implementation. For example, the Prevention of Insult to National Honours Act, 1971, punishes a citizen of India for committing insult of national honours. In the case of Bijo Emmanuel vs. State of Kerala, the Supreme Court held that proper respect was shown by the students to the National Anthem by standing up in silence when the National Anthem was being sung. Not joining in the singing, did not amount to committing disrespect to the National anthem.
Arjun Gopal vs UOI: The duty to ensure a healthy environment not only falls on the State in terms of Article 48-A but also on all citizens under Article 51A(g).
A code of 11 fundamental duties was provided to the citizens of India. Article 51-A states that it is the duty of every citizen of India:
- To respect the Constitution, it’s ideals and institutions, the National Flag and National Anthem–Ideals like liberty, justice, equality, fraternity and institution like executive, the legislature, and the judiciary must be respected by all the citizens of the country. No person should undergo any such practice which violates the spirit of the Constitution and should maintain its dignity. If any person shows disrespect to the National Anthem or to the National Flag then it will be a failure as a citizen of a sovereign nation.
- The noble ideas that inspire the national struggle to gain independence, one should cherish them.
- One should protect and uphold the sovereignty, unity and integrity of India.
- One should respect the country and render national service when called upon.
- One should promote harmony as well as the spirit of common brotherhood amongst the citizens of India, transcending religious, linguistic, regional or sectional diversities and to renounce practices that are derogatory to the dignity of the women.
- One should value and preserve the heritage of our composite culture– India’s culture is one of the richest heritages of the earth.
- One should protect and improve the natural environment including forests, lakes, rivers, wildlife and a citizen should have compassion for living creatures.
- One should not only develop the scientific temperament and humanism but also the spirit of inquiry and reform.
- One should always safeguard public property and abjure.
- One should always strive towards excellence in all spheres of life and also for the collective activity so that the nation continues with its endeavour and achievements.
- One should always provide the opportunity of education to his child or ward between the age of six to fourteen years– Free and compulsory education must be provided to the children who belong to 6 to 14 years of age and this has to be ensured by the parents or guardian of such child. This was provided by the 86th Constitutional Amendment Act, 2002.
