Srinibas Praharaj, a student of LLM in Criminal and Security Law, School of Criminal Law and Military Law, Rashtriya Raksha University, Gandhinagar, Gujarat, Bharat.
ABSTRACT
This research article is purely motivated by the Prime Minister of India’s Independence Day Speech of 2022. The PM of India Shri Narendra Modi Ji addressed all people from the historic Red Fort and told us to perform our civic duties. According to his words to achieve our desired goals it is our utmost responsibility to perform our duties which are fundamental duties enshrined in the Constitution of India, 1950. The fundamental duties were not there in our original Constitution of India when it was coming into force. Those duties were inserted by 42nd Constitutional Amendment Act, 1976, which was little bit controversial in nature because of the national emergency which is one of the darkest part of our constitutional democratic country. The 44th Constitutional Amendment Act, 1978 changed most parts of our Constitution which had been came by the 42nd Constitutional Amendment Act, 1976, but it didn’t change or repeal the Part-IVA (Fundamental Duties). In general, the maximum well recognised democratic countries’ constitution in the world have not provided any provisions regarding the duties of their citizens. India, the mother of all democracy, is the only constitutional democracy in real and spirit who inserted it in our Constitution and proudly hold and practice those till now. It inspired from the USSR. All countries surprised how a democratic and republic country like India inspired to adopt the principles of civic duties of the people from a country who had believed in Marxism, Leninism and ran according to socialistic and communist ideologies. This piece of writing mostly focuses on how the country like us adopt the fundamental duties which are so common in the communistic countries. So to compare our civic duties and their implementations and benefits this article took the well-known communistic countries which are China and Russia. This research article mainly focused on comparing the civic values of tri-national diversity countries like India, China and Russia. All these countries have provided certain responsibilities as fundamental duties to their citizens. Our country is different from both of the countries in principles and ideologies. Our political, social and cultural systems are different from them. A cross-cultural comparative analysis of Russia, China and India’s fundamental duties will help us to know how it is the need of the hour to adopt the civic values in many democratic countries to tackle the threats to local and global justice. Most of the countries whether of any political systems and ideologies have the belief that the adoption of the duties in their constitution will help them to run and progress their countries. This comparative analysis may act as a lubricant to those studies, efforts and makes us, the citizens of every country, to understand that the rights and duties were, are and shall be two sides of the same coin. They will go side by side and can never contradict each other rather will be complementary to one another.
Keywords: Fundamental Duties, Constitution, India, China, Russia.
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