Fundamental Duties: Balancing Rights and Responsibilities in India

 The Fundamental Duties enshrined in the Indian Constitution serve as a reminder to citizens of their responsibilities towards the nation, complementing the Fundamental Rights. These duties were added by the 42nd Amendment in 1976 and later expanded by the 86th Amendment in 2002. They are outlined in Article 51A and consist of eleven duties that every citizen is expected to uphold.

List of Fundamental Duties

1. Abide by the Constitution: Respect its ideals and institutions, including the National Flag and National Anthem.

2. Cherish Noble Ideals: Follow the principles that inspired India's struggle for freedom.

3. Uphold Sovereignty: Protect the sovereignty, unity, and integrity of India.

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Whether a court can release accused on bail subject to the condition that he will work as Corona warrior?

Though Chargesheet has not been filed but appellants does

not appear to have any criminal antecedents and therefore,

considering the allegations and the fact that the material placed on

record does not disclose the possibility of the appellants fleeing

from justice and trial is not likely to conclude in the near future

and prolonged pre-trial detention being an anathema to the

concept of liberty, this court is inclined to extend the benefit of

bail to the appellants.

Undoubtedly, the appellants are young/middle aged/able

bodied responsible citizens. In the present time where the entire

humanity is struggling to survive against the Covid-19 pandemic

the governmental machinery is experiencing extreme shortage of

hands in the process of disaster management, the appellants as

citizens of nation are obliged to assist the govt. in times of this

deep crises by discharging their fundamental duty enshrined under

Article 51-A(d) which reads thus:-

“51A. Fundamental duties. – It shall be the duty of

every citizen of India –

(d). to defend the country and render national

service when called upon to do so;”

Accordingly, this Court deems it appropriate to pass suitable

order prescribing it to be a part of one of the conditions subject to which appellants have been granted bail so that the human

resource in shape of the appellants can be utilized for the

betterment of the society and to ward off the crises.

The appellants shall register themselves with the District

Magistrate, Guna as “Covid-19 Warriors” by entering their

names in a Register named as COVID-19 WARRIOR

REGISTER. The appellants then, shall be assigned work of

Covid-19 disaster management at the discretion of District

Magistrate Guna by taking all prescribed precautions. The

nature, quantum and duration of the work assigned is left to the  wisdom of District Magistrate, Guna. This Court expects

that the appellants shall rise to the occasion to serve the society

in this time of crises to discharge their fundamental duty of

rendering national service when when call upon to do so as per

Article 51-A(d) of the constitution.

THE HIGH COURT OF MADHYA PRADESH

Cr.A. No.2929/2020

(Badal Singh & Others Vs. State of M.P. and another)

Gwalior, dated: 18.05.2019

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What are fundamental duties under Indian constitution?

1[PART IV-A

FUNDAMENTAL DUTIES

51-A. Fundamental duties.—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 which inspired our national struggle for freedom;

(c) to uphold and protect 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 the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(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.]

2[(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.]

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, S. 11 (w.e.f. 3-1-1977).

2. Added by the Constitution (Eighty-sixth Amendment) Act, 2002, S. 4 (w.e.f. 1-4-2010).

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