4. Enforcement of Fundamental Duties

There is no provision in the Indian Constitution for the direct enforcement of Fundamental Duties and also, no sanction to prevent their violation. However, for the purpose of ascertaining the constitutionality of any law, if a Court finds that the law seeks to give effect to any of these Fundamental Duties, it may consider the law ‘reasonable’ in relation to Article 14 or 19. Fundamental Duties also serve as a warning to erring citizens as a guard against preventing anti- social activities like burning of the Constitution, destroying public property etc.

The Supreme Court of India may issue suitable guidelines along these matters in appropriate cases. For instance, the Supreme Court adopted the principle of “sustainable development” to give effect to fundamental duties enshrined under Article 51-A(g) read with Article 21, 47 and 48 A. It also held that “precautionary principle” and “polluter pays principle” are acceptable as part of the law of the country.

In effect, one must understand that Parts III, IV and IV-A have a common thread flowing through them. While one enumerates the Fundamental Rights and another declares principles

fundamental to governance, the part IV-A lays down Fundamental Duties of the citizen. Hence, while interpreting any of these provisions; it is advisable to examine the scope and impact of such interpretation on all the three Constitutional aspects emerging from these parts.

Hence, even as Fundamental duties have not been made enforceable by a writ issued by the Court, one must not lose sight of the fact that the duty of every citizen is the collective duty of the State.