Page 33 - Constitution

70 Years of Indian

Constitution

Having considered the various
forms, god Jesus Christ etc, were shown. The film was
seized prior to its showing and eventually forfeited on fundamental duties in the rest of
the ground that it has violated rights of others namely
religious beliefs and prevention of disorder. the world, it could be said that the
In the area of freedom of expression, the media plays a fundamental duty was the part of the
Constitution before its insertion
vital role in the dissemination of information and opinion
but even they have certain obligations and responsibilities
mandate of the Constitution that it shall be the duty of
and must acknowledge that there are certain boundaries of
every citizen of India to do the various things specified
expression which must not be crossed. The Afghanistan,
in Clauses (a) to (j) of which clause (j) commands that
regarding the fundamental duties has observed that
it is the duty of every citizen of India to arrive towards
adhering to the public law and order are the duties of
excellence in all spheres of individual and collective
people of Afghanistan and no one can misuse rights
activity so that the nation constantly rises to higher levels
and freedom. Bangladesh in its fundamental duties has
of endeavour and achievement”.
considered work as fundamental duties and to follow the
In the matter of Banavasi Seva Ashram, AIR 1987
constitution and the discipline. Japan also has stated
Supreme Court page No.374 in order to maintain the
that all people shall have the obligation to work and the
ecological balance, forest is a national asset and has
parents have to send their children for compulsory free
directed the UP Government to maintain the forest land
education. In China, performance of duties is a condition
and safeguard the interest of Adivasi and backward
for enjoyment of the rights and duty is towards motherland.
people occupying the forest land and the benefit of
Having considered the various fundamental duties in
Article 51A was made use of. Likewise, in the matter of
the rest of the world, it could be said that the fundamental
Mehta’s case, Hon’ble Supreme Court AIR 1988 SC 1115,
duty was the part of the Constitution before its insertion
for the cleanliness of Ganga water, and to reduce the
and after insertion it has got the Constitutional right.
waste being injected in the Ganges directions has been
Very often it is said that the fundamental duties cannot
issued. Therefore, even though it has been observed that
be enforced. However, it can be very comfortably said
fundamental duties cannot be enforced, by way of judicial
that fundamental duties can be used for the purpose of
interpretations the same are being enforced.
interpreting any laws that are made by the government. If
In Olga Tellis case AIR 1986 Supreme Court page
the laws are in consonance with the fundamental duties,
No.180 while interpreting Article 21 of the Constitution
the validity of the law could be upheld.
right to life and liberty includes the right to livelihood.
The Hon’ble Supreme Court in the matter of
Using the same analogy by reading the Preamble of the
Mohankumar (1992) held that “The said Article contains a

70 Years of Indian Constitution 33