Comparative Analysis of Fundamental Duties: A Cross-National Study of India, USA, and China

  • Shashank Sharma and Bhakti Khara
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  • Shashank Sharma

    Student at NMIMS, Navi Mumbai, India

  • Bhakti Khara

    Student at NMIMS, Navi Mumbai, India

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Even though the former Soviet Union was the first nation in the world to contain provisions for basic obligations in its constitution, provisions for fundamental duties can now be found in the constitutions of communist and non-communist nations worldwide. To promote national integration, unity, and cultural harmony among individuals of Indian society of all castes and creeds, citizens should obligate themselves to the fundamental duties. The Indian Constitution did not initially include any mention of Fundamental Duties. They were included to the constitution for the first time with the 42nd Constitutional Amendment Act (1976). These were adopted in direct reaction to the Swaran Singh Committee's recommendations. After some time had passed, the 86th Amendment to the Constitution was ratified, making the education of children between the ages of 6 and 14 a Fundamental Duty of parents. The courts have the ability to preserve and enforce basic rights, but fundamental duties cannot in any manner be compelled to conform with the law. According to P.V.K.R.V. Rao, there should be mechanisms for penalising those who violated their Fundamental Duties so that Article-51A may be applied as effectively as feasible. In the twenty-first century, the notion of basic responsibilities is becoming increasingly significant.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 384 - 395


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