In 1976, the fundamental duties of citizens were added in the Constitution on the recommendations of the Swaran Singh Committee. The Fundamental Duties in the Indian Constitution are inspired by the Constitution of the erstwhile USSR. Article 51A of Part IV A of the Indian Constitution deals with Fundamental Duties. The Indian Constitution was amended by the 42nd Amendment Act of 1976, which introduced ten Fundamental Duties. The 11th Fundamental Duty was later added to the list by the 86th Amendment Act of 2002.
What are Fundamental Duties, Exactly?
The Fundamental Duties are regarded as all citizens’ moral responsibility to promote the spirit of patriotism and preserve India’s unity. These responsibilities, outlined in Part IV A (Article 51A)of the Constitution, apply to both people and the nation.
Table of Contents
- Recommendations
- List of Duties
- Features
- Significance
- Criticism
- Verma Committee
- Conclusion
Swaran Singh Committee (1976) Recommendations
- It recommended the inclusion of a separate chapter on fundamental duties in the Constitution.
- It stressed that the citizens should become conscious that in addition to the enjoyment of rights, they also have certain duties to perform as well and suggested the incorporation of eight Fundamental Duties in the Constitution.
- The Central Government accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976, which added a new part, namely, Part IVA to the Constitution.
- The new part consists of only one Article, that is, Article 51A which for the first time specified a code of ten fundamental duties of the citizens.
- Interestingly, certain recommendations of the Committee were not accepted and hence, not incorporated in the Constitution which includes:
- The Parliament may provide for the imposition of such penalty or punishment as may be considered appropriate for any non-compliance with or refusal to observe any of the duties.
- No law imposing such penalty or punishment shall be called in question in any court on the ground of infringement of any of Fundamental Rights or the ground of repugnancy to any other provision of the Constitution.
- Duty to pay taxes should also be a Fundamental Duty of the citizens.
List of Fundamental Duties
| Article | Provisions |
|---|---|
| 51 A (a) | To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem. |
| 51 A (b) | To cherish and follow the noble ideals which inspired our national struggle for freedom. |
| 51 A (c) | To uphold and protect the sovereignty, unity, and integrity of India. |
| 51 A (d) | To defend the country and render national services when called upon to do so. |
| 51 A (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. |
| 51 A (f) | To value and preserve the rich heritage of our composite culture. |
| 51 A (g) | To value, protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures. |
| 51 A (h) | To develop the scientific temper, humanism, and spirit of inquiry and reform. |
| 51 A (i) | To safeguard public property and to abjure violence. |
| 51 A (j) | To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement. |
| 51 A (k) | Duty of the parent or guardian to provide opportunities for education to his child, as the case may be, between the age of six and fourteen years (added by 86th Amendment Act, 2002). |
Features
Features of the Fundamental Duties
- Some of them are moral duties while others are civic duties.
- For example, cherishing noble ideals of freedom struggle is a moral precept while respecting the Constitution, National Flag and National Anthem is a civic duty.
- They essentially contain just a codification of tasks integral to the Indian way of life like Indian tradition, mythology, religions, and practices.
- The Fundamental Duties are confined to citizens only and do not extend to foreigners.
- They are also non-justiciable and the Constitution does not provide for their direct enforcement by the courts.
Significance
Significance Of Fundamental Duties
- Serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society, and their fellow citizens.
- Serve as a warning against anti-national and antisocial activities.
- Serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them.
- Help the courts in examining and determining the constitutional validity of a law.
- They are enforceable by law. Hence, the Parliament can provide for the imposition of appropriate penalties or punishment for failure to fulfill any of them.
Criticism
Criticism of Fundamental Duties
- The list of duties is not exhaustive as it does not cover other important duties like casting votes, paying taxes, family planning, and so on.
- Some of the duties are vague, ambiguous, and difficult to be understood by the common man.
- For example, different interpretations can be given to the phrases like ‘noble ideals’, ‘composite culture’, ‘scientific temper’, etc.
- They have been described by the critics as a code of moral precepts due to their non-justiciable character.
- Superfluous– Because the duties included in the Constitution as fundamental would be performed by the people even though they were not incorporated in the Constitution.
Verma Committee
Verma Committee to Review Fundamental Duties
- Justice Verma Committee was constituted in 1998 to plan a strategy and to work out a methodology for operationalizing a program initiated countrywide to teach fundamental duties and make it enforceable in every educational institution and initiate in-servicing training.
- It recommended that the duty to vote at elections, actively participate in the democratic process of governance, and pay taxes should be included in Article 51A of the Constitution.
- It also identified legal provisions for the implementation of some of the Fundamental Duties such as:
- The Prevention of Insults to National Honour Act (1971) prevents disrespect to the Constitution of India, the National Flag, and the National Anthem.
- The Protection of Civil Rights Act 4 (1955) provides for punishments for offenses related to caste and religion.
- The Unlawful Activities (Prevention) Act of 1967 provides for the declaration of a communal organization as an unlawful association.
Conclusion
Conclusion
The moral value of fundamental duties would be not to smother rights but to establish a democratic balance by making the people conscious of their duties equally as they are conscious of their rights. Thus, Fundamental Duties are significant in Indian Democracy.
