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70 Years of Indian
Constitution
The concept of Fundamental duties, however,
The inhibition against its deprivation extends to all
those limbs by which life is enjoyed. The uniqueness is not new to our country. We find references
of this celebrity provision has a direct correlation with of such duties across various ancient texts,
the manner in which the Hon’ble Apex Court and other such as the Bhagwad Gita, the Vedas. The
High Courts of the country, have contributed to its emphasis on an individual’s “kartavya” has
been the focal point of our tradition…
jurisprudence, signifying that an individual is entitled to
live decent life and for that purpose any act affecting
religious affairs, freedom from certain taxes and freedom
such right legal action is made maintainable.
from religious instructions in certain educational institutes.
6 In Bandhua Mukti Morcha vs. Union, [(1997) 10 SCC The Cultural and educational Rights preserve the right of
549], the Hon’ble Supreme Court held that right to live any section of citizens to conserve their culture, language
with human dignity enshrined in Article 21 drive its breath or script, and right of minorities to establish and administer
from Directive principles of State Policies and particularly educational institutions of their choice.
clause-e & f of Articles 39, 41 and 42. In Hussainra Fundamental Duties
Khatoon & Ors. V. Home Secretary, State of Bihar [AIR Ten Fundamental Duties were added in our Constitution
1979 1369], the Hon’ble Apex Court has highlighted the by way of the 42nd amendment in 1976, which inserted
personal liberty of the undertrial prisoners and stressed Article 51-A, Part-IV-A to our Constitution and the
on speedy trial being fundamental right. The issue of eleventh duty was added in 1986. These duties require
right to privacy as being encompassed within Article 21 all citizens to uphold the constitution, respect the National
has also been is positively by the Hon’ble Apex Court in Flag and National Anthem, to value the rich heritage of
Justice K.S. Puttaswamy v/s. Union, [2017 (10) SCC 1]. our composite culture and many others. Various judicial
3. Right Against Exploitation (Articles 23-24), Right to pronouncements have enabled us to understand the true
Freedom of Religion (Articles 25-28), Cultural and meaning of the duties that we owe to the country and to
Educational Rights (Articles 29-30) and Right to each other as citizens.
Constitutional remedies (Articles 32-35) The concept of Fundamental duties, however, is not
new to our country. We find references of such duties
The right against exploitation prohibits all forms of across various ancient texts, such as the Bhagwad Gita,
forced labour, child labour and trafficking of human beings. the Vedas. The emphasis on an individual’s “kartavya”
Various labour legislations have been enacted by Central has been the focal point of our tradition and has been
and State Government for prohibiting the child labour and ineradicable roots in our lives.
to curb human trafficking. The right to freedom of religion However, it is the reciprocity of Fundamental Rights and
includes freedom of conscience and free profession, Duties which forms the foundation of our Constitution. In
practice, and propagation of religion, freedom to manage N K Bajpai vs Union [(2012) 4 SCC 653] it has been held
70 Years of Indian Constitution 19
