Duty to abide by the Constitution

Polity & Governance glossary

Also called: Article 51A(a) · Topic: Directive Principles and Fundamental Duties · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"

Meaning

Article 51A(a) is the first fundamental duty. It asks every citizen to abide by the Constitution and to respect its ideals and institutions, the National Flag and the National Anthem. It was among the ten duties added by the 42nd Amendment, 1976, which created Part IVA. Like the other duties, it applies only to citizens and no court can directly enforce it. Still, laws back parts of it.

Example

The Prevention of Insults to National Honour Act 1971 punishes insulting the National Flag, the Constitution or the National Anthem. In Shyam Narayan Chouksey, the Supreme Court made playing the anthem in cinemas compulsory by an interim order in November 2016, then made it optional in January 2018.

Don't confuse with

  • Bijoe Emmanuel (1986): in this case the Court protected students who stood respectfully during the anthem but did not sing it. Respecting the anthem does not mean anyone can be forced to sing it.

Related concepts

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