The Fundamental Duty to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem is laid down in:

Clause (a) of Article 51A, the opening clause of the list of Fundamental Duties, requires every citizen to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.

Why it comes first:

• The Constitution is the supreme law of the land, and the Flag and the Anthem are symbols of national identity.
• Respect for them is the most basic duty of a citizen in a constitutional democracy.

Laws that support this duty:

• The Prevention of Insults to National Honour Act makes it an offence to insult the National Flag, the Constitution or the National Anthem, or to prevent the singing of the Anthem.
• The Flag Code of India lays down rules for displaying the Tricolour.

Important judgments:

In the Bijoe Emmanuel case (1986), the Supreme Court held that students who stood respectfully but did not sing the National Anthem for religious reasons could not be expelled. Standing in respect was enough.

The Court has also held that flying the National Flag with respect is part of freedom of expression.

Other clauses of the same Article:

• Clause (b) asks citizens to cherish and follow the noble ideals of the freedom struggle.
• Clause (d) asks them to defend the country and render national service when called upon.
• Clause (e) asks them to promote harmony and renounce practices derogatory to women.

Nature of the duty:

• Like all Fundamental Duties, it is not directly enforceable in court.
• Parliament can, however, make laws to enforce it, as it has done with the law against insults to national honour.
• Good to know
• Clauses (b), (d) and (e) deal with the ideals of the freedom struggle, defence of the country and harmony, respectively.