Fundamental Duties are a reminder that citizenship is not merely a passive enjoyment but an active engagement. Discuss. What are the challenges in their legal enforcement?
Main Body
Challenges in legal enforcement: 1. Part IV-A of the Constitution is not justiciable, meaning non-adherence cannot be taken down as a matter of right. 2. Laws have been framed on the duties but are not punitive in form, e.g. National Flag Code revealed to define freedom flag rules. However, punishment is not enforceable due to scale of appreciability. 3. Duties are a moral imperative and cannot be imposed in a rigid manner. Thus, legal enforcement of the fundamental duties is difficult; nevertheless, all citizens should be actively aware of these and adhere to them without need for law.
Srishti Mishra
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Significant Provisions
Fundamental Duties
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