Are Fundamental Duties enforceable in court?

By Ritesh|Updated : September 6th, 2022

Fundamental duties are not enforceable in court, and laws can be used to enforce Fundamental Duties. Therefore, the Parliament may stipulate the imposition of appropriate fines or other punishment for failure to comply with any of them.

Enforcing Fundamental Duties

  • 10 Fundamental Duties were introduced to the Indian Constitution by the 42nd Amendment Act of 1976
  • 11th Fundamental Duty was later added to the list by the 86th Amendment Act of 2002
  • Fundamental Duties, felt necessary during the internal crises of 1975–1977, were recommended by the Swaran Singh Committee in 1976
  • Under Part-IV A of the Indian Constitution, Article 51A addresses the Fundamental Duties

Importance of Fundamental Duties

  • They issue warnings to citizens about engaging in anti-national and anti-social behaviour
  • They remind Indian citizens of their responsibility to their society, fellow citizens, and the country
  • They motivate people and encourage a sense of dedication and discipline
  • They assist the courts in reviewing and determining whether a statute is constitutional
  • The fundamental duties are non-justiciable, like the Directive Principles of State Policy
  • Fundamental duties act as a caution to the people against anti-social actions
  • It helps the court in defining the constitutionality of the law

Summary:

Are Fundamental Duties enforceable in court?

The use of laws can uphold fundamental Duties. As a result, the Parliament may specify that failure to abide by any of them will result in the imposition of appropriate fines or other penalties.

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