Caste

 

Cases 

1. Sunita Singh Vs State of UP [ AIR (2018) SC 566 ]
2. Kerala Pattikajathi Samrakshana Samithi & Anr Vs State of Keralal [ 1995 KHC 537]

Important points

1. Adoption, marriage & conversion of faith of an individual from one caste to another as permitted by law have no relevance for the purpose of claiming the benefits of reservation under A16(4) of Constitution.

Fundamental Duties

 

What are the Fundamental Duties?

1. Chapter IV - Article 51A of Constitution - fundamental duties are enshrined 
1. Original committee suggested
1. To respect the constitution of our country
2. To uphold the sovereignty and maintain unity and integrity of the nation
3. to respect the democratic institutions
4. to protect our country and provide national service when asked to do so
5. affirm communal-ism in any from
6. To promote the common good of people and cooperate in the implementation of DPSP
7. to safeguard pubic property
8. pay taxes according to rules and regulations.
2. 11 FD
1. Follow our constitution and should respect national flag and anthem
2. follow ideals of national freedom struggle
3. protect the sovereignty and integrity of our country
4. Protect our nation and provide national service when required
5. should have the spirit of common brother hood
6. Preserver the culture of our country
7. Protect the environment of our country
8. Generate scientific rationale for every throught
9. to protect public property
10. strive for excellence
11. it is duty of every parent to send their children b/w 6-14 y to school

Where were they introduced?

1. 42 amendment - 1976 - 10 FD

Was there any subsequent amendment to FD?

1. 11th FD was added by 86th amendment in 2002

Countries with FD?

1. Idea of FD derived from constitution of Russia ( then USSR )
2. Vietnam - A43-45
3. Netherlands - A194
4. Discussed in declaration of Human Rights 
5. Internation covenant of civil and political rights

Are FD justifiably?

1. in Hon'ble Shir Ranganath Mishra Vs UoI  court had issued directions to center to consider steps for implementation of JS Verma Committees recommendations on generating awarness and consciousness of citizens towards their fundamental rights.

JS Verma Committee Recommendation

AG - K Venugopal

1. Information on implementation of FD is available on Website of Department of law and Justice
2. Courts cannot direct the Parliament to formulate a law
3. see it here

PIL's on FD?

1. Enforcement of FD - Durga Dutt Vs UoI
1. PIL - sought direction to Central & State Govt to make comprehensive laws to ensure adherence to A51A
2. Why has need to implement FD arisen?
1. New illegal trend of protests by protesters in the grab of freedom of speech and expression by way of blocking roads and rail route to compel the govt to meet their demands

Cases

1. Hon'ble Shir Ranganath Mishra Vs UoI - link

Sources

1. Fundamental Duties : A51-A Under Indian Constittion