Previous Year Question

The duty to uphold and protect the sovereignty, unity and integrity of India is contained in Article 51A(c). It is one of the Fundamental Duties enumerated in Part IVA of the Constitution.

This duty has three principal dimensions:

• Sovereignty: India’s supreme authority to take independent decisions in its internal and external affairs.

• Unity: The integrated existence of India’s different States, regions and communities as one political nation.

• Integrity: The indivisibility of India’s territorial and political structure and the preservation of national integration.

Article 51A(c) makes it the duty of every Indian citizen to uphold and protect India’s sovereignty, unity and integrity. Fundamental Duties apply only to citizens of India, not to foreigners.

Important facts about Fundamental Duties are:

• The original Constitution did not contain Fundamental Duties.

• Part IVA and Article 51A were inserted by the 42nd Constitutional Amendment Act, 1976, following the recommendations of the Swaran Singh Committee.

• Ten Fundamental Duties were originally inserted.

• The eleventh duty, Article 51A(k), was inserted by the 86th Constitutional Amendment Act, 2002.

• Fundamental Duties are not directly enforceable through courts, but Parliament may enact laws concerning their subject matter.

The protection of sovereignty and integrity also appears among the grounds for reasonable restrictions upon Fundamental Rights. Under Article 19:

• Article 19(2) permits reasonable restrictions on freedom of speech and expression in the interests of the sovereignty and integrity of India.

• Article 19(3) permits restrictions on peaceful assembly on the same ground.

• Article 19(4) permits restrictions on the freedom to form associations or unions in the interests of sovereignty and integrity.

These grounds were expressly strengthened by the 16th Constitutional Amendment Act, 1963.

The Preamble declares India to be sovereign and refers to fraternity assuring the unity and integrity of the nation. However, the precise duty mentioned in the question is contained in Article 51A(c). Directive Principles guide State policy, whereas Fundamental Rights provide constitutional protections to citizens and persons.