Revisiting The Enforceability Of Fundamental Duties Under The Indian Constitution: A Case For Selective Enforceability

Abstract

The Indian constitution provides the Fundamental rights to its citizens it also sets the Fundamental Duties as mentioned under part IVA[1] of the constitution of India under Article 51A[2]. The main aim of these duties are to instill feelings of patriotism unity and responsibility amoungst the citizens although all these duties remain unenforceable in the court of law. This research paper tries understands the effects of non enforceability on the civil behaviour and how it is affecting the people as a whole. Through the analytical and doctrinal method of research it studies the constitutional interpretations, judicial explanations and the reasoning of the landmark cases and the committee recommendations to assess whether the making the Fundamental Duties legally binding can help the society in enhancing the society by encouraging the feelings of responsibility and awareness. This research paper also takes expert opinions of legal scholars and it refers to articles on Fundamental Duties by DD Basu. This research paper also compares the Fundamental Duties of many countries like China, Russia in which such duties are enforceable in the court of law and some countries take such duties as moral obligations such as Japan and USA. This research papers also advises that India should follow a method of selective enforceability in which only certain part would remain enforceable. This research paper concludes by stating it can be understood total total enforceability may not work as a whole but targeting essential certain parts enforcing it can bride the gap between duties and rights in India. Lastly this research paper also provides with the future scope for research on this topic.