- Who are Competent to Contract?
- TRIPS Agreement: Meaning and Scope
- Trademarks Law & Legislation in India
- Trademark Protection for 3D Mark
- Trademark Infringement and Attempts to Pass Off
- Specific Performance in Contracts
- Remedies of Breach of Contract
- Protection of Pattern Mark in India
- Protecting Hologram Trademark in India
- Privileged Communication: Meaning and Types
- Pradhan Mantri Matsya Sampada Yojana (PMMSY)
- Parole: Definition and Meaning
- National Water Mission (NWM)
- National Steel Policy, 2017
- National River Conservation Plan, 1995
- National Policy for Women, 2016
- National Pharmaceutical Pricing Authority (NPPA)
- National Mission for a Green India (GIM)
- National Health Policy
- National Energy Policy (NEP)
- National Education Policy, 2020 (NEP)
- National Civil Aviation Policy
- National Bamboo Mission
- National Afforestation and Eco-Development Board (NAEB)
- National Action Plan on Climate Change
- Mortmain: Definition and Meaning
- Mines Rules, 1955
- Mineral Conservation and Development Rules, 1988
- Mineral Concession Rules, 1960
- Metal Elements in Tort Law
- Homosexuality and Law in India
- Hazardous Wastes (Management and Handling) Rules, 1989
- Frustration of Contract
- Force Majeure: Definition and Meaning
- Fair Use of Trademark
- Express and Implied Promise: Indian Contract Act
- Estoppel: Meaning and Types
- Elements of Torts
- Digital Signature: Meaning and Types
- Demise: Definition and Meaning
- Defences to the Tort of Negligence
- Confession: Meaning and Types
- Conditions and Warranties
- Communication when Complete: Indian Contract Act
- Coercion: Definition and Meaning
- Central Consumer Protection Authority
- Burden of Proof: Definition and Meaning
- Biodiversity and Intellectual Property Rights
- Bail Vs Parole
- Advertising Standards Council of India (ASCI)
- Advertising Law in India
- World Intellectual Property Organization: WIPO
- Well-known Trademark in India
- Wages: Definition and Meaning
- Unorganized Workers & Labour Laws
- Unfair Labour Practices
- Transfer Petition under CPC
- Transfer of Cases under CrPC
- Trademark Protection for Sound Mark
- Trademark Protection for Smell Marks
- Trademark Protection for Slogans and Taglines
- Trademark Protection for Motion Mark
- Trademark Protection for Domain Name in India
- Trademark Protection for Colour Marks
- Trademark Protection for Collective Mark
- Trademark Dilution: Meaning and Application
- Trademark Assignment and Licensing
- The Protection of Women from Domestic Violence Act
- Stalking: Definition and Meaning
- Role and Function of Public Prosecutor
- Revenue Court in India
- Remedies Under Tort Law
- Purpose of Labor Legislation in India
- Protection of Well-known Trademarks
- Promises of Marriage an Excuse of Rape
- Presumption: Meaning and Types
- Powers of Executive Magistrate
- Passing off Action: Definition and Meaning
- Oral and Documentary Evidence: Definition and Meaning
- Nyaya Panchayat: Meaning and Function
- Negotiable Instrument: Meaning and Types
- Labour Policy in India
- Judicial Infrastructure and Pendency in Trial Courts
- Indirect Infringement: Definition and Meaning
- False Advertising: Definition and Meaning
- Evolution of Wages Law in India
- E-filing: Meaning & Application
- Dying Declaration: Meaning and Definition
- Domestic Violence: Meaning and Types
- Direct Infringement: Definition and Meaning
- Digital Evidence: Meaning and Sources
- Difference between Joint Hindu Family and Coparcenary
- Difference between Decree and Order
- Difference Between Civil Law and Criminal Law
- Delegated Legislation in India
- Cybersquatting: Definition and Meaning
- Curative Petition: Definition and Meaning
- Counterfeiting: Definition and Meaning
- Contract Labour: Definition and Meaning
- Child Labour: Meaning and Causes
- Child Abuse and Protection Laws
- Admission: Definition and Meaning
- Women and Labour Laws
- Water Policies in India
- Water Law: Definition and Meaning
- Waste Management Law
- Universal Copyright Convention: Definition and Application
- Trade-Secret: Definition and Meaning
- Trademark: Definition and Meaning
- Trademark Search Clearance: Meaning and Types
- Trademark Registration: Meaning and Process
- Trademark Protection of the Trade Dress
- Trademark Opposition: Meaning and Application
- Trademark Infringement: Meaning and Types
- The Berne Convention: Meaning and Application
- Strict Liability: Definition and Meaning
- Sociology of Law: Definition and Meaning
- Sessions Court in India
- Second Marriage in Hindu Law
- Replevin: Definition and Meaning
- Quasi-Judicial Body: Definition and Meaning
- Products Liability: Definition and Meaning
- Patentable Subject Matter: Definition and Meaning
- Patentability Criteria
- Patent Infringement: Definition and Meaning
- Parsi Personal Law in India: An Overview
- Paris Convention for the Protection of Industrial Property
- Muslim Personal Law: Meaning and Sources
- Mining Law: Definition and Meaning
- Major Legislation on Forest Law
- Lok Adalat: Definition and Meaning
- Lien: Definition and Meaning
- Legal Rights: Definition and Meaning
- Legal Culture: Definition and Meaning
- Legal Code: Definition and Meaning
- Labour Laws Throughout the World
- Invasion of Privacy: Definition and Meaning
- International Labour Organisation
- Good Faith: Definition and Meaning
- Geographical Indication: Definition and Meaning
- Geographical Indication Tag: Definition and Meaning
- Game Laws: Definition and Meaning
- Fraud: Meaning and Definition
- Forestry Law: Definition and Meaning
- Forest Policies in India
- Fisheries Policies in India
- Fisheries Law: Definition and Meaning
- False Imprisonment: Definition and Meaning
- Elements of Patentability
- Duration of Patent
- Dossier: Definition and Meaning
- Doctrine of Laches: An Analysis
- Divorce in Indian Law
- Designs: Definition and Meaning
- Defences Against Infringement
- Defamation in Cyber world
- Death Penalty: Definition and Meaning
- Cyber Extortion: Definition and Meaning
- Culprit: Definition and Meaning
- Contributory Infringement: Definition and Meaning
- Chattel: Definition and Meaning
- By-Laws: Definition and Meaning
- Bailable and Non-Bailable Offence
- Animal Laws in India: An Overview
- Amicus Curiae: Definition and Meaning
- Air Quality Law: Definition and Meaning
- Narcotic Drugs Law: Meaning and Application
- Alternative Dispute Resolution: Meaning & Significance
- Substantive Law: Meaning and Significance
- Schools of Jurisprudence: Meaning & Types
- Procedural Law: Meaning and Significance
- Maritime Law: Meaning and Application
- Legitimacy of Children of Void and Voidable Marriages
- Law of the Sea: Meaning and Application
- Election Laws in India
- Tax Law: Meaning & Application
- Sources of Human Rights Law
- Legal Treaties: Meaning & Significance
- Environment Law: Meaning and Significance
- Consumer Law: Meaning and Significance
- Competition Law: Meaning & Application
- Banking Law: Meaning & Applicability
- Aviation Law: Meaning & Applicability
- Antitrust Law: Meaning & Applicability
- Indian Constitutional Law: Meaning & Significance
- District Courts: Meaning & Classification
- All India Bar Examination: Meaning & Purpose
- Labour Law: Meaning & Significance
- Differences between Private Law and Public Law
- Customary Law: Meaning & Significance
- Contract Law: Meaning & Application
- Constitutional Law: Meaning and Significance
- Absolute Liability: Concept and Significance
- Criminal Law: Meaning and Significance
- Religious Law: Meaning & Examples
- Philosophy of Law: Meaning and Characteristics
- Morality and Justice
- Law: Definition and Meaning
- Evolution of the Law
- Classification of Law
Bare Acts of India
- Delhi Shops and Establishment Act
- Trade Union Act: An Overview
- Employment Exchanges (Compulsory Notification of Vacancies) Act: An Overview
- Factories Act: An Overview
- Employees State Insurance Act: An Overview
- Employee Provident Fund and Miscellaneous Provisions Act: An Overview
- Apprentices Act: An Overview
- Whistle Blowers Protection Act: An Overview
- Transfer of Property Act: An Overview
- Trademark Act: An Overview
- The Family Courts Act: An Overview
- Specific Relief Act: An Overview
- Societies Registration Act, 1860
- Securities and Exchange Board of India Act: An Overview
- Right to Information Act: An Overview
- Regulation of Narcotic Drugs Act
- Registration of Births and Deaths Act: An Overview
- Recovery of Debts Due to Banks and Financial Institutions Act: An Overview
- Provincial Small Cause Courts Acts: An Overview
- Protection of Children from Sexual Offences Act: An Overview
- Negotiable Instruments Act: An Overview
- Narcotic Drugs and Psychotropic Substances Act: An Overview
- Motor Vehicle Act: An Overview
- Minimum Wage Act: An Overview
- Mental Healthcare Act, 2017
- Medical Termination of Pregnancy Act: An Overview
- Lokpal and Lokayukta Act: An Overview
- Information Technology Act: An Overview
- Industrial Disputes Act: An Overview
- Indian Trusts Act: An Overview
- Indian Stamp Act: An Overview
- Indian Christian Marriage Act: An Overview
- Income Tax Act: An Overview
- Hindu Adoptions and Maintenance Act: An Overview
- General Clauses Act: An Overview
- Food Safety and Standards Authority of India (FSSAI)
- Court-fees Act: An Overview
- Court Contempt Act: An Overview
- Code of Criminal Procedure: An Overview
- Citizenship Act: An Overview
- Chit Funds Act: An Overview
- Banking Regulation Act: An Overview
- The Arms Act: An Overview
- The Commercial Courts Act: An Overview
- The Companies Act: An Overview
- The Water (Prevention and Control of Pollution) Act: An Overview
- The Unlawful Activities (Prevention) Act: An Overview
- The Transgender Persons (Protection of Rights) Act: An Overview
- Rights of Persons with Disabilities Act: An Overview
- The Patent Act: An Overview
- The Passports Act: An Overview
- The Hindu Succession Act: An Overview
- The State Bank of India Act: An Overview
- The Reserve Bank of India Act: An Overview
- The National Green Tribunal Act: An Overview
- National Commission for Minorities Act: An Overview
- The Copyright Act: An Overview
- The Air (Prevention and Control of Pollution) Act: An Overview
- The Central Goods and Services Tax: An Overview
- The Advocates Act: An Overview
- The Registration Act: An Overview
- The Wildlife Protection Act: An Overview
- The Customs Act: An overview
- The Airports Authority of India Act: An Overview
- Mines and Minerals Act: An Overview
- The Muslim Personal Law (Shariat) Act: An Overview
- The Legal Services Authorities Act: An Overview
- The Indian Succession Act: An Overview
- The National Security Act of 1980
- The Hindu Widow Remarriage Act: An Overview
- The Essential Commodities Act: An Overview
- The Environment Protection Act: An Overview
- The Charitable and Religious Trust Act: An Overview
- The Arbitration and Conciliation Act: An Overview
- Mental Health Act: An Overview
- The Consumer’s Protection Act: An Overview
- Anti-Hijacking Act: An Overview
- The Right of Children to Free and Compulsory Education Act: An Overview
- The Prevention of Corruption Act: An Overview
- The Maternity Benefit Act: An Overview
- The Indian Waqf Act: An Overview
- Payment of Gratuity Act: An Overview
Civil Procedure Code
- Temporary Injunction: Meaning & Application
- Suits by Indigent Persons: Meaning and Significance
- Stay Order: Meaning and Application
- Decree: Meaning and Types
- Bar to Jurisdiction: Meaning and Types
- Summary Suits: Meaning & Application
- Importance of Plaint in Civil Proceedings
- Malicious Prosecution: Meaning & Remedy
- Judgment and its Content
- Code of Civil Procedure: Meaning & Significance
- Procedure of Institution of Civil Suits
- Inherent Powers of the Civil Court
- Hierarchy of Civil Courts and Their Jurisdiction
- Ex-parte Proceeding of Suit: Meaning & Consequence
- Dismissal of Suit: Reason & Remedy
- Appearance and Non-Appearance of Parties
- Res Judicata: Meaning and Application
- Transfer of Suits Under the Civil Procedure Code
- Can Plaintiff Withdraw the Suit?
- Parties to the Suit: Civil Procedure Code of India
Constitutional Law
- Parliament: Meaning and Constitution
- Fraternity: Definition and Meaning
- Financial Bill: Meaning and Types
- Equality: Definition and Meaning
- Election Commission of India
- Constituent Assembly
- Whip in Indian Political System
- Procedure Established by Law: Definition and Meaning
- Fundamental Rights and the Indian Constitution
- Fundamental Duties and the Indian Constitution
- Freedom of Speech and Expression
- Freedom of Religion: Definition and Meaning
- Free Legal Aid: A Constitutional Provision
- Habeas Corpus: Definition and Meaning
- Impeachment: Meaning and Procedure
- Judiciary: Definition and Meaning
- Protection against Arrest and Detention
- Right Against Exploitation: Definition and Meaning
- Veto Power of the Indian President
- Separation of Judiciary from Executive
- Right to Life and Personal Liberty: Article 21
- Right to Education: As a Fundamental Right
- Executive: Definition and Meaning
- Directive Principles of State Policy and Constitution
- Difference Between Fundamental Rights and Fundamental Duties
- Constitution Bench: Definition and Meaning
- Citizenship In India: Part II of the Constitution
- 73rd Amendment Act: Panchayati Raj System
- House of People: Meaning and Composition
- Legislature: Meaning and Types
- Minorities: Meaning and Types
- Legal Aid in India
- Writs: Meaning and Types
- The High Court and Its Judges
- Statutory Law: Meaning and Significance
- Separation of Powers: Definition and Meaning
- Rights of an Arrested Person
- Preamble: Definition and Meaning
- Jurisdiction of Supreme Court of India
- Judicial Review: Meaning and Significance
- Freedom of Speech: Definition and Meaning
- Federalism in India
- Attorney General of India: Meaning and Role
- Amendments of the Constitution
- Advocate General: Meaning and Role
Jury & Judge
- 曼达科拉图尔帕坦加利萨斯特里:印度前首席法官
- H.L. Dattu: Former Chief Justice of India
- Lalit Mohan Sharma: Former Chief Justice of India
- Sudhi Ranjan Das: Former Chief Justice of India
- Sharad Arvind Bobde: Former Chief Justice of India
- Sarv Mittra Sikri: Former Chief Justice of India
- Sarosh Homi Kapadia: Former Chief Justice of India
- Rangnath Misra: Former Chief Justice of India
- P.B. Gajendragadkar: Former Chief Justice of India
- Nuthhalapati Venkata Ramana: Former Chief Justice of India
- Konakuppakatil Gopinathan Balakrishnan: Former Chief Justice of India
- Koka Subba Rao: Former Chief Justice of India
- Kamal Narain Singh: Former Chief Justice of India
- Kailas Nath Wanchoo: Former Chief Justice of India
- Justice A.N. Ray: The Former Chief Justice of India
- Jayantilal Chhotalal Shah: Former Chief Justice of India
- Jagdish Sharan Verma: Former Chief Justice of India
- Indira Banerjee: Former Justice of the Supreme Court
- H.J. Kania: First Chief Justice of India
- Fathima Beevi: The First Female Justice of the Supreme Court
- Dhananjaya Yashwant Chandrachud: 50th Chief Justice of India
- Amal Kumar Sarkar: Former Chief Justice of India
- Adarsh Sein Anand: Former Chief Justice of India
- Prafullachandra Natwarlal Bhagwati: Former Chief Justice of India
- Mohammad Hidayatullah: Former Chief Justice of India
- Mirza Hameedullah Beg: Former Chief Justice of India
- U.U. Lalit: Former Chief Justice of India
- Vishweshwar Nath Khare: Former Chief Justice of India
- V. R. Krishna Iyer: Former Justice of the Supreme Court
- Yogesh Kumar Sabharwal: Former Chief Justice of India
陪审团与法官
陪审团和法官
- 布凡纳什瓦尔·普拉萨德·辛哈:前印度最高法院法官
- Engalaguppe Seetharamiah Venkataramiah:印度前最高法院首席大法官
- 布平德·纳特·基尔帕尔:印度前首席法官
- 阿尔塔马斯卡比尔:印度前首席大法官
- Jagdish Singh Khehar:印度前首席大法官。
- 杜帕克·米什拉:印度前首席大法官
- Ranjan Gogoi: 印度前首席大法官
陪审团和法官 (péi shěn tuán hé fǎ guān)
陪审团与法官 (Péi shěn tuán yǔ fǎ guān)
An Indian citizen s fundamental duties are critical. It instilled duty and moral obpgation in all residents, and these responsibipties must be upheld by everyone. When people carry out their obpgations, it demonstrates a sense of national togetherness and patriotism. In this essay, we will go through all eleven essential obpgations as well as major modifications to them.
Meaning of Fundamental Duties
Fundamental duties were influenced by the former Soviet Union s constitution. Japan s constitution was possibly the first democratic constitution in the world to include a pst of citizen obpgations. Sociapst nations, on the other hand, placed equal weight on citizens basic rights and duties. As a result, the former Soviet Union s constitution stated that people s enjoyment of their rights and pberties was intimately tied to their performance of their responsibipties and obpgations. The 42nd Amendment Act amended the constitution by adding Article 51-A, which created a new Section IV-A outpning citizens basic obpgations.
History of Fundamental Duties in India
The 11 Fundamental Duties are a required component of the country s Constitution. These essential responsibipties suggest and reflect many of the most important morals or ideas addressed by our social reformers, great ancient saints, philosophers, and administrative and constitutional leaders. The obpgations of citizens were not mentioned in the original Indian Constitution when the Act of Fundamental Duties went into effect in 1950. The Swaran Singh Committee took the initiative and proposed the inclusion of the basic responsibipties of Indian citizens to act as responsible members of the nation. Ten essential obpgations were initially introduced to the constitution as a corollary to citizens fundamental rights by the 42nd Constitutional Amendment Act of 1976. The major purpose was to foster mutual collaboration between the nation and its residents in order to maintain a stronger administrative structure in India.
Later, in 2002, the 86th Constitutional Amendment Act integrated one additional basic right with the previous 10 obpgations. As a result, the current rules require people to adhere to the eleven fundamental duties enshrined in the Indian Constitution, which they owe to their nation as well as other citizens.
Characteristics of Fundamental Duties
Though the Fundamental Duties are referred to as fundamental or basic, their few quapties set them apart.
Disposition of Fundamental Duties − Typically, the duties enshrined in the Constitution are moral and civic responsibipties or commitments made by citizens in the country, and they are legally non-binding.
Range of Fundamental Duties − These duties apply solely to Indian nationals and do not apply to outsiders visiting or pving in India.
Non-defendable in the Courts of Law − The Indian Constitution makes no mention of any absolute implementation of these obpgations by the courts. As a result, they are not justiciable in courts of law.
Association with traditions − Fundamental duties are related to Hindu traditions and myths, such as repaying respect to the country and promoting a sense of camaraderie and peace.
Swaran Singh Committee Recommendations
During the internal emergency, the Swaran Singh Committee was created to suggest to the then-government that their new concept of basic obpgations be incorporated into the constitution. This suggestion was accepted by the congressional administration. As a result, it went into effect in 1976. The suggestions were accepted by Congress, and the 42nd constitutional amendment act of 1976 adopted them. The Swaran Singh Committee proposed only eight core obpgations. The 42nd constitutional amendment legislation of 1976, on the other hand, contained eleven basic obpgations.
The committee s recommendations that were not implemented are as follows
Failure to observe or comply with these essential tasks would result in punishmen
Any law imposing this penalty will not be challenged in court as a violation of basic rights or any other constitutional provision.
Paying taxes should become a fundamental duty.
86th Amendment Act 2002
Article 21A of the Indian Constitution was inserted by the 86th Constitutional Amendment (2002), which stipulates that "the State should offer free and compulsory education to all children aged six to fourteen years in such a way as the State may by law designate."
Article 51A was also revised, with the following clause (k) inserted after clause (j): "Who is a parent or guardian to give educational opportunities to his child or, as the case may be, ward between the ages of six and fourteen years?"
It estabpshed parents basic responsibipty to provide opportunities for their kids to pursue an education.
Article 51A of the Indian Constitution
The basic obpgations imposed by the 42nd Amendment Act of the Constitution in 1976, in addition to producing and fostering culture, enhance the legislative hand in implementing these duties in relation to the fundamental duties. The Indian Constitution mentions 11 fundamental obpgations in Article 51 A. They are psted below.
It is the duty of every Indian citizen:
Art. 51 A (a)
To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
Art. 51 A (b)
To cherish and follow the noble ideals which inspired our national struggle for freedom.
Art. 51 A (c)
To uphold and protect the sovereignty, unity, and integrity of India.
Art. 51 A (d)
To defend the country and render national services when called upon to do so.
Art. 51 A (e)
To promote harmony and the spirit of common brotherhood amongst all the people of India transcending repgious, pnguistic, and regional or sectional spanersities; to renounce practices derogatory to the dignity of women.
Art. 51 A (f)
To value and preserve the rich heritage of our composite culture.
Art. 51 A (g)
To value, protect and improve the natural environment including forests, lakes, rivers, and wildpfe, and to have compassion for pving creatures.
Art. 51 A (h)
To develop the scientific temper, humanism, and spirit of inquiry and reform.
Art. 51 A (i)
To safeguard pubpc property and to abjure violence.
Art. 51 A (j)
To strive towards excellence in all spheres of inspanidual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.
Art. 51 A (k)
Duty of the parent or guardian to provide opportunities for education to his child, as the case may be, between the age of six and fourteen years (added by 86th Amendment Act, 2002).
Criticism of Fundamental Duties
Narrow Coverage − It just covers the fundamental functions. Voting, paying taxes, and family planning do not fall within this category.
Ambiguous − Some of the responsibipties are ambiguous and difficult to grasp for a layperson. It includes phrases such as lofty thoughts, scientific attitude, and so on.
Non-justiciable − Because they are non-justiciable, detractors have portrayed them as a set of moral principles.
Reduced Significance − By including Fundamental Duties as an appendix to Part IV of the Indian Constitution, their worth and relevance have been diminished; they should have been included after Part III to maintain them on par with Fundamental Rights.
Conclusion
The fundamental duties serve as a reminder to the populace that while they should use their rights, they should also be aware of the obpgations they have to their nation, society, and fellow citizens. They serve as a source of inspiration for residents, encouraging discippne and devotion and serving as a deterrent against anti-national and anti-social behaviors such as burning the national flag and damaging pubpc property.
Frequently Asked Questions
Q1. Which Fundamental Duty was added by the 86th Amendment Act?
Ans. The Fundamental Duty estabpshed by the 86th Amendment Act compels citizens to offer educational opportunities for their children or wards aged six to fourteen years.
Q2. Which committee proposed adding fundamental duties to the Indian Constitution?
Ans. In 1976, the Swaran Singh Committee suggested that Fundamental Duties be added to the Constitution.
Q3. Which amendment act added 10 fundamental duties to the Indian Constitution?
Ans. The 42nd Amendment Act of 1976 estabpshed 10 fundamental duties.
Q4. The Fundamental Duties in the Indian Constitution are inspired by the Constitution of which country?
Ans. The Fundamental Duties in the Indian Constitution are inspired by the Constitution of the erstwhile USSR.
Q5. Why Fundamental Duties are framed?
Ans. The Fundamental Duties are regarded as the moral obpgations of all people to encourage patriotism and protect India s unity. These responsibipties, outpned in Part IV-A of the Constitution by the 42nd Constitutional Amendment Act in 1976, apply to both inspaniduals and the nation.