Daily Debate – Should there be penal provision for violation of fundamental duties?

Should there be penal provision for violation of fundamental duties?

Provide your inputs in the comment section below.

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By | 2016-05-16T08:52:23+00:00 May 16th, 2016|Daily Current Events|32 Comments
  • Mahi

    Fundamental duties (Art 51A) were not part of the original constitution and were added by 42nd amendment act in 1976.

    They are reminders to the citizens that while state has ensured certain rights for citizens , it is expected from them to perform certain duties.

    FDs in India are non justicable , however parliament by laws can provide for their enforcement .It is fee to impose penalties or provide for punishment for non performance of.
    FDs. There should be penal provisions for violation of FDs as
    1 in India citizens are not responsible towards public property or natural resources they mistreat and waste them.
    2 democracy is a two way contract where citizens and government are party. If government is undertaking welfare measures citizen should also perform duties
    3 making them enforcable will ensure that citizens realise the importance of nation , its hertaige , symbols , and do everything to uphold its sovereignty , unity and were integrity.
    4 enforcement of FDs of developing scientific temper , humanism and spirit of enquiry would make India a more rational nation doing away with superstition.
    5 there observance will instill a sense of discipline , fraternity and national unity amongst citizens

    However it is not right to make them justicable as
    1 they tend to dilute FRs
    2 Indian state has not been successful in bringing social and economic equality. There is widespread inequalities thus asking to perform duties from vulnerable sections is not desirable.
    3 it will increase the litigations as the indian state is not so developed that all can observe FDs and will burden our judiciary which is already burdened.
    4 and here again minorities , and other vulnerable will be harassed.
    5 the spirit of doing something must cine from within and it should be voluntary not forceful

    Though it is desirable that FDs should be justifiable but their non performance should not be punished . The state must create an atmosphere where every citizens pro actively perform their duties voluntarily.

    • Mahi

      Plz review sir …..

      • Nisha Mishra

        Good Answer Mahi.

        • Mahi

          Thnx for review

    • Mahi

      Plz review sir …..

      • Nisha Mishra

        Good Answer Mahi.

    • It quite well crafted answer.Covers almost all points ,

      Give
      few examples on how they can not be made a legal one for the simple
      reason that they are abstract in nature – for example :-

      One of the duty is to –

      to
      cherish and follow the noble ideals which inspired our national
      struggle for freedom;- this itself is abstract and vast, one can be
      inspired and follow the noble ideas of either of non violence or
      militant nationalism.though non violence is fine but militant
      nationalism may be a threat to state itself, for the simple reason that
      we are a free country now.Hence vagueness of definition of certain FDs
      itself may lead to abuse of authority if they were to be made a legal
      duty.

      However certain parts of the duty can be made a legal one.
      For example – to safeguard public property – violation of it can be
      penalised.

      Rest is fine . You write good answers- keep writing .

      • Mahi

        Thanx for the review sir…for the comprehensive review … Ur valuable addition and suggestions will be make us write better answers and improve..

    • It quite well crafted answer.Covers almost all points ,

      Give
      few examples on how they can not be made a legal one for the simple
      reason that they are abstract in nature – for example :-

      One of the duty is to –

      to
      cherish and follow the noble ideals which inspired our national
      struggle for freedom;- this itself is abstract and vast, one can be
      inspired and follow the noble ideas of either of non violence or
      militant nationalism.though non violence is fine but militant
      nationalism may be a threat to state itself, for the simple reason that
      we are a free country now.Hence vagueness of definition of certain FDs
      itself may lead to abuse of authority if they were to be made a legal
      duty.

      However certain parts of the duty can be made a legal one.
      For example – to safeguard public property – violation of it can be
      penalised.

      Rest is fine . You write good answers- keep writing .

      • Mahi

        Thanx for the review sir…for the comprehensive review … Ur valuable addition and suggestions will be make us write better answers and improve..

  • Sindhu

    this is a good topic, i will write the answers now.

  • Sindhu

    this is a good topic, i will write the answers now.

  • sowmya

    Fundamental duties (art 51A) which were added to the constitution through 42nd constitutional amendment act ,1976 on the recommendations of swarn sigh committee, borrowed from erst while USSR, forms the inseparable part with fundamental rights .

    These duties were applicable to citizens of India and were non justiciable part of the Indian constitution much like DPSP and no penal provisions attached to it for its violation

    In the backdrop of recent instances of rising anti national activities in central universities and man animal conflict, increasing violence against women which were against the fundamental duties, penal provisions may become essential for its regulation:

    • May act as deterrent mechanism before indulging any of the mentioned activities
    • May ensure the performance of such civic duties like child care
    • Reminds the citizens of their duties and their responsibility towards their nation
    • Promote social harmony among communities and preserve the heritage of our composite culture

    However there are certain limitations as such

    • Adopting penal provisions may not well serve the purpose of certain moral duties like cherish the noble ideals which depends on the personality of citizen
    • Their implementation may seem difficult with the increasing political nexus and caste based politics
    • Providing conducive environment for excellence in different spheres is essential before attracting penal provisions for their violation like skill development
    • Awareness regarding the fundamental duties is very poor with large pool of rural and illiterate population acts as hindrance in its implementation

    Developing the environment in schools where citizens get to know their duties in addition to their claim of rights and adopting practices like hoisting of national flag in schools, imparting national leaders and their struggle for freedom in school books will inspire the people which serve the actual purpose rather attracting penal provisions

  • sowmya

    Fundamental duties (art 51A) which were added to the constitution through 42nd constitutional amendment act ,1976 on the recommendations of swaran sigh committee, borrowed from erst while USSR, forms the inseparable part with fundamental rights

    These duties were applicable to citizens of India and were non justiciable part of the Indian constitution much like DPSP and no penal provisions attached to it for its violation

    In the backdrop of recent instances of rising anti national activities in central universities and man animal conflict, increasing violence against women which were against the fundamental duties, penal provisions may become essential for its regulation:

    • May act as deterrent mechanism before indulging any of the mentioned activities
    • May ensure the performance of such civic duties like child care
    • Reminds the citizens of their duties and their responsibility towards their nation
    • Promote social harmony among communities and preserve the heritage of our composite culture

    However there are certain limitations as such

    • Adopting penal provisions may not well serve the purpose of certain moral duties like cherish the noble ideals which depends on the personality of citizen
    • Their implementation may seem difficult with the increasing political nexus and caste based politics
    • Providing conducive environment for excellence in different spheres is essential before attracting penal provisions for their violation like skill development
    • Awareness regarding the fundamental duties is very poor with large pool of rural and illiterate population acts as hindrance in its implementation

    Developing the environment in schools where citizens get to know their duties in addition to their claim of rights and adopting practices like hoisting of national flag in schools, imparting national leaders and their struggle for freedom in school books will inspire the people which serve the actual purpose rather attracting penal provisions

    • sowmya

      plzz review …

      • Sowmya,

        The opening statement and the following ones are really good.The connection with the contemporary events is what makes it relevant which is good.

        The subsequent points are well crafted and though out especially the limitations part.Conclusion is good too.

        Please read the other points we have mentioned in the comment sections such as –

        Deal with “Duty” as a concept – moral duty , legal duty , contractual duty , obligatory /non obligatory duty etc which could have added richness to the answer
        Why FDs are necessary ? – To function as a better society etc.
        Then vivisecting the duties and grouping them together to see – how many of them can be made legal duty and how many can not .This will give an edge over other generalist answers.

        Just because a question was related to polity that does not mean that the answer should be restricted to polity – add points from your optional , Ethics and any other angel you can use ?We have 4 gs papers and 2 optional papers -always think whether any of these papers can contribute any point to the answer.

        Give few examples on how they can not be made a legal one for the simple reason that they are abstract in nature – for example :-

        One of the duty is to -to cherish and follow the noble ideals which inspired our national struggle for freedom;- this itself is abstract and vast, one can be inspired and follow the noble ideas of either of non violence or militant nationalism.though non violence is fine but militant nationalism may be a threat to state itself, for the simple reason that we are a free country now.Hence vagueness of definition of certain FDs itself may lead to abuse of authority if they were to be made a legal duty.

        However certain parts of the duty can be made a legal one. For example – to safeguard public property – violation of it can be
        penalized.

        You write good answers- keep writing.

    • sowmya

      plzz review …

      • Sowmya,

        The opening statement and the following ones are really good.The connection with the contemporary events is what makes it relevant which is good.

        The subsequent points are well crafted and though out especially the limitations part.Conclusion is good too.

        Please read the other points we have mentioned in the comment sections such as –

        Deal with “Duty” as a concept – moral duty , legal duty , contractual duty , obligatory /non obligatory duty etc which could have added richness to the answer
        Why FDs are necessary ? – To function as a better society etc.
        Then vivisecting the duties and grouping them together to see – how many of them can be made legal duty and how many can not .This will give an edge over other generalist answers.

        Just because a question was related to polity that does not mean that the answer should be restricted to polity – add points from your optional , Ethics and any other angel you can use ?We have 4 gs papers and 2 optional papers -always think whether any of these papers can contribute any point to the answer.

        Give few examples on how they can not be made a legal one for the simple reason that they are abstract in nature – for example :-

        One of the duty is to -to cherish and follow the noble ideals which inspired our national struggle for freedom;- this itself is abstract and vast, one can be inspired and follow the noble ideas of either of non violence or militant nationalism.though non violence is fine but militant nationalism may be a threat to state itself, for the simple reason that we are a free country now.Hence vagueness of definition of certain FDs itself may lead to abuse of authority if they were to be made a legal duty.

        However certain parts of the duty can be made a legal one. For example – to safeguard public property – violation of it can be
        penalized.

        You write good answers- keep writing.

  • Initially constitution did not have Fundamental Duties. However, grave indiscipline and large scale demolition of public property was observed during national emergency in 1975, Which necessitated induction of fundamental duties.
    Therefore, Sardar Swaran Singh gave recommendation about the Fundamental Duties (FD) which came in force via 42nd Constitutional Amendment Act.

    In favor of punishment :
    * During strike and protest destruction of public property is a common site.
    * Lack of discipline in citizen which leads to major problems. e.g Littering, and open urination in urban areas, tobacco peaks
    * Citizen enjoy protection against rights therefore must be accountable for duties as well.

    In against :
    * Enforcement Issue : It is difficult to enforce duty for all citizens since population is greater than 127 crore.
    * Penalizing all duties are not possible such as cherish and follow noble ideals.
    * Judicial System is already facing large pendencies (4.4 lakh crore cases)

    Fundamental duties can’t be penalized since enforcement of punishment will be big blow to the system. It is possible that punishment will be misused against the innocent citizens. But this does not mean that citizen can’t me made aware of their duties. State shall campaign for awareness, engage with civil society, NGO and reform educational system accordingly so future generation become self compliance with discipline and civic sense.

    • Please review my answer..
      I tried to write it in time bound manner but took 15mins…. way off from target..

    • it’s ~3 Crore not 4.4 lakh crore (actually it’s quantum of NPA)

    • Good answer Vivek.As you write good answers we are just writing how you could add little edge to it .

      You have delved in to how the FDs came in to being , Instead you could have dealt is as below –

      “Duty” as a concept – moral duty , legal duty , contractual duty , obligatory /non obligatory duty etc which could have added richness to the answer
      Why FDs are necessary ? – To function as a better society etc.
      Then vivisecting the duties and grouping them together to see – how many of them can be made legal duty and how many can not .This will give an edge over other generalistic answers.

      Just because a question was related to polity that does not mean that the answer should be restricted to polity – add points from your PUB AD optional , Ethics and any other angel you can use ?We have 4 gs papers and 2 optional papers – always think whether any of these papers can contribute any point to the answer.

      • cherry

        sir ur review is really help full,day by day i will improve,

        • cherry

          sir plz review ,u havnt reviewed mine,waiting for tht
          ……

      • Thanks sir/ma’am.. it it really helpfull

  • Initially constitution did not have Fundamental Duties. However, grave indiscipline and large scale demolition of public property was observed during national emergency in 1975, Which necessitated induction of fundamental duties.
    Therefore, Sardar Swaran Singh gave recommendation about the Fundamental Duties (FD) which came in force via 42nd Constitutional Amendment Act.

    In favor of punishment :
    * During strike and protest destruction of public property is a common site.
    * Lack of discipline in citizen which leads to major problems. e.g Littering, and open urination in urban areas, tobacco peaks
    * Citizen enjoy protection against rights therefore must be accountable for duties as well.

    In against :
    * Enforcement Issue : It is difficult to enforce duty for all citizens since population is greater than 127 crore.
    * Penalizing all duties are not possible such as cherish and follow noble ideals.
    * Judicial System is already facing large pendencies (4.4 lakh crore cases)

    Fundamental duties can’t be penalized since enforcement of punishment will be big blow to the system. It is possible that punishment will be misused against the innocent citizens. But this does not mean that citizen can’t me made aware of their duties. State shall campaign for awareness, engage with civil society, NGO and reform educational system accordingly so future generation become self compliance with discipline and civic sense.

    • Please review my answer..
      I tried to write it in time bound manner but took 15mins…. way off from target..

    • it’s ~3 Crore not 4.4 lakh crore (actually it’s quantum of NPA)

    • Good answer Vivek.As you write good answers we are just writing how you could add little edge to it .

      You have delved in to how the FDs came in to being , Instead you could have dealt is as below –

      “Duty” as a concept – moral duty , legal duty , contractual duty , obligatory /non obligatory duty etc which could have added richness to the answer
      Why FDs are necessary ? – To function as a better society etc.
      Then vivisecting the duties and grouping them together to see – how many of them can be made legal duty and how many can not .This will give an edge over other generalistic answers.

      Just because a question was related to polity that does not mean that the answer should be restricted to polity – add points from your PUB AD optional , Ethics and any other angel you can use ?We have 4 gs papers and 2 optional papers – always think whether any of these papers can contribute any point to the answer.

  • cherry

    sir ur review is really help full,day by day i will improve,

    • cherry

      sir plz review ,u havnt reviewed mine,waiting for tht
      ……