Fundamental Duty to Respect National Symbols

The relevant duty is Article 51A(a), which requires every citizen “to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.” It is the first of the Fundamental Duties listed in Part IVA of the Constitution.

Constitutional basis and scope

Part IVA and Article 51A were inserted by the 42nd Constitutional Amendment Act, 1976. Clause (a) imposes a duty upon citizens not merely to respect national symbols, but also to abide by the Constitution and respect its ideals and institutions.

• The duty applies expressly to citizens.
• The National Song is not expressly mentioned in Article 51A(a).

Legal character and enforcement

Fundamental Duties are non-justiciable by themselves, so Article 51A(a) does not directly prescribe a punishment. However, Parliament may enact laws giving effect to their objectives, and courts may use these duties while interpreting laws and assessing the reasonableness of restrictions.

• The Prevention of Insults to National Honour Act, 1971 penalises specified acts involving insult to the Constitution and National Flag, and intentional prevention of the singing of the National Anthem or disturbance of an assembly engaged in such singing.
• Respect for national symbols must operate consistently with the Fundamental Rights and other constitutional guarantees.

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