What is the Role of Fundamental Duties In India and the Judicial Review in India?

As Indian citizens, we have various rights and responsibilities. Every citizen’s duty is to follow the law and fulfill his or her legal obligations. A person should always be mindful of his or her basic responsibilities. Eleven Fundamental Duties in India are laid down by the Indian Constitution.

Like the few powers given to us by the Indian constitution in terms of fundamental rights, it has also bestowed a few powers upon the Indian judiciary as well. One such power is Judicial review in India, by virtue of which the judiciary can examine legislative enactments and executive orders of the governments, be it state or central.

Let’s discuss the role of fundamental duties and judicial review in detail to help you ace any question asked about them in any competitive exams.

Fundamental Duties In India

India is a country where people of various castes, creeds, religions, sects, and so on live together, and in order to maintain harmony and peace and to encourage a sense of brotherhood and oneness among them, following the Fundamental Duties on their part plays a vital role in upholding and protecting our country’s sovereignty, unity, and integrity, which is unavoidable. It reminds citizens that their rights and responsibilities are inextricably linked.

Before moving on to their role, let’s take a look at the 11 fundamental duties prescribed by Indian constitution on us.

List of Fundamental Duties

• While adhering to the Constitution, respect the national flag and anthem.

• Adhere to the values of the freedom struggle.

• Safeguard India’s sovereignty and integrity. 

• When called upon, protect the country and perform patriotic responsibilities.

• The spirit of brotherhood.

• Keep the composite culture alive.

• Protect the natural environment.

• Develop a scientific temperament.

• Keep public property safe.

• Aim for excellence.

• It is the responsibility of all parents/guardians to send their children aged 6 to 14 to school.

Role of Fundamental Duties

• Fundamental duties serve as a constant reminder to citizens that, while enjoying their fundamental rights, they must not forget their responsibilities to the nation.

• These duties serve as a deterrent to any form of antisocial behaviour.

• They allow people to take an active role in society rather than simply watching it.

• These duties foster a sense of discipline and devotion to society.

• Fundamental obligations can be used by courts to determine the legality of a law. If a law is challenged in court for its constitutional legitimacy and it provides force to any of the fundamental obligations, that law will be deemed reasonable.

• If basic rights are enshrined in legislation, then in the event of a violation, the Parliament can impose a penalty or punishment.

• The Supreme Court of India mandated that cinemas play the National Anthem while depicting the National Flag. The Supreme Court took a tremendous stride in emphasising the relevance of fundamental duties.

Judicial Review in India

This doctrine can be traced back to the United States of America, where it was advanced in the case of Marbury vs Madison.

John Marshall, then Chief Justice of the United States Supreme Court, was the idea’s originator. However, as previously stated, such authority is granted to the judiciary under the Indian Constitution. Both the country’s supreme courts and high courts have the right to judicial review.

Importance of Judicial Review in India

• To protect the supremacy principle enshrined in the constitution, judicial scrutiny is essential.

• The judicial review system prevents the legislature and government from abusing their authority.

• It maintains federal balance by maintaining the balance between the centre and the states.

• The provision protects the fundamental rights of citizens.

• This law protects the concept of judicial independence.

Types of judicial review

In India, Justice Syed Shah Mohamed Quadri famously defined judicial review into three broad categories.

• Constitutional amendments are subject to judicial review.

• Subordinate legislation is now subject to judicial review by the parliament and state legislatures.

• Judicial review of administrative measures taken by the union and state, up to and including authorities under the state.

Role of Fundamental Duties In India and the Judicial Review in India

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