1.
Define Fundamental Duties and analyze their role in strengthening
democracy in India
Fundamental Duties in India
Fundamental Duties are the moral obligations enshrined in the Indian Constitution that every
citizen is expected to follow. These duties were added through the 42nd Constitutional
Amendment Act, 1976, based on the recommendations of the Swaran Singh Committee.
They are listed under Article 51A of the Constitution and aim to promote a sense of
responsibility among citizens towards the nation.
Role of Fundamental Duties in Strengthening Democracy
Fundamental Duties play a significant role in strengthening India's democratic framework in
the following ways:
1. Promoting National Integrity: Duties such as respecting the Constitution, national flag, and
national anthem foster unity and respect for democratic institutions.
2. Encouraging Civic Responsibility: Citizens are expected to protect public property,
develop scientific temper, and uphold values of tolerance and harmony, which contribute to a
progressive democracy.
3. Complementing Fundamental Rights: While Fundamental Rights empower individuals,
Fundamental Duties remind them of their responsibilities, ensuring a balance between
personal freedom and social welfare.
4. Strengthening Legal and Social Order: Courts have often interpreted Fundamental Duties
to support laws promoting environmental protection, education, and national security,
reinforcing legal accountability.
5. Creating Awareness and Discipline: By obligating citizens to safeguard the sovereignty,
unity, and integrity of the country, these duties instill a sense of patriotism and law-abiding
behavior.
Although Fundamental Duties are not legally enforceable, their observance contributes to
the ethical and moral foundation of democracy, ensuring responsible citizenship and
collective national progress.
References
1. Granville Austin, "The Indian Constitution: Cornerstone of a Nation" – This book provides
insights into the philosophical and legal foundations of the Indian Constitution, including
Fundamental Duties.
2. M.P. Jain, "Indian Constitutional Law" – This work extensively covers constitutional
provisions, including the role of Fundamental Duties in shaping India’s democracy.
2.Examine the structure and functions of the Supreme Court
of India as the guardian of the Constitution
Structure and Functions of the Supreme Court of India as the Guardian of the Constitution
The Supreme Court of India, established under Article 124 of the Constitution, is the highest
judicial authority in the country. It serves as the final interpreter and protector of the
Constitution, ensuring justice and constitutional supremacy.
Structure of the Supreme Court
1. Composition: The Supreme Court consists of the Chief Justice of India (CJI) and a
maximum of 33 other judges.
2. Appointment: Judges are appointed by the President of India based on the collegium
system, which includes the CJI and senior judges.
3. Tenure and Removal: Judges hold office until the age of 65 years and can be removed
through impeachment by Parliament.
4. Jurisdiction: The Court has original, appellate, and advisory jurisdiction, allowing it to
handle various cases of national importance.
Functions of the Supreme Court as the Guardian of the Constitution
1. Judicial Review: The Supreme Court has the power to strike down any law or executive
action that violates the Constitution, ensuring constitutional supremacy.
2. Protection of Fundamental Rights: Under Article 32, citizens can directly approach the
Supreme Court if their fundamental rights are violated, reinforcing individual liberties.
3. Interpretation of the Constitution: The Court resolves disputes regarding constitutional
provisions, ensuring uniformity in legal interpretation.
4. Advisory Role: Under Article 143, the President can seek the Court’s opinion on legal or
constitutional matters.
5. Guardian of Federalism: It adjudicates disputes between the Centre and States, ensuring
a balanced federal structure.
The Supreme Court plays a crucial role in maintaining the rule of law and safeguarding
democracy. Through landmark judgments like Kesavananda Bharati v. State of Kerala
(1973), it established the Basic Structure Doctrine, preventing any unconstitutional
amendments to the Constitution.
References
1. H.M. Seervai, "Constitutional Law of India" – A comprehensive analysis of constitutional
provisions, including the role of the Supreme Court.
2. Granville Austin, "Working a Democratic Constitution: A History of the Indian Experience"
– Provides insights into judicial interpretations and constitutional developments.
