Author: Maninder Singh, Student at Law College, Dehradun, Uttaranchal University
Fundamental duties numbering ten have been incorporated in the Constitution by virtue of the constitution (Eighty-sixth Amendment) Act, 2002 on the recommendation of Swarn Singh committee . By 86th Amendment in year 2002, 11th duty was added. But there seems least guiding factors for the remedy of breach except for few such duties. Among the various constitutions in Indian Sub-Continent some duties on citizens are inbuilt in the constitution while in others they are by law, custom and/or precedent. Law is interplay of rights and duties. From the operative lines of Article 51-A, it clear that the person burdened with corresponding duty is a citizen(s) of India. This article discuss about Non enforceability of fundamental duties in India and its Judicial approach.
Keywords: Fundamental Duties, Judiciary, Enforceability, Non- Justiciable, Constitution.