Fundamental Duties

Part IV-A–Article 51-A, added by 42nd Amendment, 1976

It says that it shall be the duty of every citizen of India (there are eleven such duties, after the 86th Constitution Amendment Act, 2002):

(a) To abide by the Constitution and respect its ideals and institutions, the National Flag and National Anthem,

(b) To cherish and follow the noble ideals which inspired our national struggle for freedom,

(c) To uphold and protect the sovereignty, unity and integrity of India,

(d) To defend the country and render national service when called upon to do so,

(e) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities: to renounce practices derogatory to the dignity of women,

(f) To value and preserve the rich heritage of our composite culture,

(g) To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have com-passion for living creatures,

(h) To develop the scientific temper, humanism and the spirit of inquiry and reform,

(i) To safeguard public property and to abjure violence

(j) To strife towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievements,

(k) Who is parent or guardian, to provide opportunities for education to his child or ward between the age 6 and 14 years (inserted by the 86th Constitutional Amendment Act 2002.)

The Union (Article 51-151)

The President of India

Article 52 says that “There shall be a President of India.”

Article 53 says that the executive power of the Union shall be vested in the President.

The President is the head of Indian State but he is only a nominal executive head.

Qualifications: As per Article 58 of the Constitution the President of India must be a citizen of India, completed the age of 35 years, and qualified for election as a member of the Lok Sabha and must not hold any ofice of proit (other than that of the President and the Vice President of India, the Governor of the state or a Central or State Minister).

Election : The President is elected by an electoral college, in accordance with the system of proportional representation by means of the single transferable vote by secret ballot.

The Electoral College consists of:

(a) elected members of both Houses of Parliament, and

(b) elected members of Legislative Assembly of States. There shall be uniformity of representation of the different states at the election and parity shall be maintained between the states as a whole and the Union. (Art 55) Article 57: The President is eligible for re-Election to that office.

As per the 70th Amendment Act, 1992 the expression ‘State’ includes the National Capital Territory (NCT) of Delhi and the Union Territory of Puducherry. Members of the Legislative Councils have no right to vote in the Presidential election.

Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly in the Supreme Court and the SC decides in case of Presidential election disputes.

Resignation/Impeachment of The President

The President can resign his ofice before the expiry of his tenure by writing under his hand addressed to the Vice President. This resignation is required to be communicated by the Vice-President to the Speaker of the Lok Sabha (Article 56). The President may be removed from his office before the expiry of his term, by the process of impeachment (Article 56) under grounds of Constitutional violation.

Tenure (Article 56): The President shall hold office for a term of 5 years from the date on which he enters upon his ofice. The President can resign from his office any time by addressing the resignation letter to the Vice-President of India. When a vacancy occurs in the ofice of the President the Vice-President acts as the President.