Fundamental Duties
Though the rights and duties of citizens are correlative and inseparable, the original Constitution of India did not contain any Fundamental Duties. The framers believed that citizens would naturally perform their duties while enjoying their rights, and hence only enshrined Fundamental Rights and the Directive Principles of State Policy (which outline duties of the State).
However, the experience over time revealed the need to formally remind citizens of their civic responsibilities. As a result, Fundamental Duties were incorporated into the Constitution by the 42nd Amendment Act in 1976, based on the recommendations of the Swaran Singh Committee. Initially, ten duties were added, and a later amendment in 2002 (86th Amendment) added one more, bringing the total to eleven.
The concept of Fundamental Duties in India was inspired by the Constitution of the erstwhile USSR. In contrast, most democratic countries like the USA, Canada, Australia, Germany, and France do not have a codified list of duties for citizens. Interestingly, the Japanese Constitution is among the rare democratic constitutions that explicitly list citizens’ duties. Socialist countries, on the other hand, emphasized both rights and duties equally—viewing the exercise of freedoms as inseparable from obligations to the state.
Swaran Singh Committee
Background and Formation
- During the Internal Emergency (1975–1977), the Congress government felt a growing need to codify citizens’ obligations.
- As a result, in 1976, the Sardar Swaran Singh Committee was constituted to recommend the inclusion of Fundamental Duties in the Constitution.
Key Recommendations of the Swaran Singh Committee
- The Committee recommended the inclusion of a separate chapter on Fundamental Duties in the Constitution.
- It emphasised the importance of creating a sense of civic responsibility among citizens, ensuring that rights were balanced by duties.
- The Committee proposed the incorporation of eight Fundamental Duties.
Recommendations Not Accepted
The following suggestions of the Swaran Singh Committee were not incorporated into the Constitution:
- Empowering Parliament to impose penalties or punishments for non-compliance with Fundamental 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 on the ground of repugnancy to any other provision of the Constitution.
- Including the duty to pay taxes as a Fundamental Duty of citizens.
List of Fundamental Duties
- Part IV-A was inserted into the Constitution, containing Article 51A.
- Article 51A laid down a code of ten Fundamental Duties for Indian citizens
- List of Fundamental Duties (Article 51A)
- It shall be the duty of every citizen of India:
- To abide by the Constitution and respect its ideals, the National Flag, and National Anthem.
- To cherish the noble ideals of the freedom struggle.
- To uphold and protect the sovereignty, unity and integrity of India.
- To defend the country and render national service when called upon.
- To promote harmony and the spirit of common brotherhood, and renounce practices derogatory to the dignity of women.
- To preserve India’s composite culture.
- To protect the natural environment, and have compassion for living creatures.
- To develop scientific temper, humanism, and the spirit of inquiry.
- To safeguard public property and abjure violence.
- To strive for excellence in all spheres.
- To provide education to children aged 6 to 14 years (added by 86th Amendment Act, 2002).
Features of Fundamental Duties
- A mix of moral and civic obligations:
- Some duties are moral (e.g., cherishing the ideals of the freedom struggle), while others are civic (e.g., respecting the Constitution, National Flag, and National Anthem).
- Reflect Indian traditions, religious and cultural values:
- They reflect values drawn from Indian traditions, culture, religions, and customs, essentially codifying the core duties intrinsic to the Indian way of life.
- Applicable only to citizens, not foreigners.
- Non-justiciable: not enforceable by courts, but Parliament can enforce them by law.
Criticism of Fundamental Duties
Despite their importance, the Fundamental Duties have been subject to several criticisms:
- Incomplete and Non-Exhaustive List:
- The Constitution does not include important duties like voting, paying taxes, or practicing family planning. For instance, the Swaran Singh Committee had specifically recommended including the duty to pay taxes, but it was not adopted.
- Vague and Ambiguous:
- Many of the Fundamental Duties are worded in a vague and ambiguous manner. Phrases such as “noble ideals,” “composite culture,” and “scientific temper” lack precise definitions and can be interpreted in multiple ways.
- Non-Justiciable Nature:
- Being non-enforceable in courts, the Fundamental Duties are often seen as moral guidelines rather than legal obligations. The Swaran Singh Committee had in fact recommended the imposition of penalties for their non-performance, which was not implemented.
- Redundant and Symbolic:
- Critics argue that citizens would perform most of these duties even without their constitutional mention. Thus, including them as “fundamental” is seen by some as redundant.
- Inferior Constitutional Placement:
- According to critics, inclusion of fundamental duties as an appendage to Part IV of the Constitution has reduced their value and significance.
Significance of Fundamental Duties
Despite facing criticism, the Fundamental Duties hold significant constitutional and moral value for the following reasons:
- Reminder to Citizens: They act as a moral compass, reminding citizens that while they enjoy Fundamental Rights, they are equally responsible for fulfilling duties towards the nation, society, and fellow citizens.
- Safeguard Against Anti-National Activities: They serve as a deterrent against anti-national and antisocial activities like disrespecting the national flag, damaging public property, or engaging in violence and anti-social activities.
- Source of Inspiration: They inspire civic responsibility, discipline, and commitment. Citizens are encouraged to be active participants in nation-building, not passive beneficiaries of state services.
- Guidance for Judicial Interpretation:Fundamental Duties help the courts in examining and determining the constitutional validity of a law.
- In Mohan Kumar Singhania vs. Union of India (1991), the Supreme Court held that Fundamental Duties can aid in interpreting ambiguous laws and assessing their constitutional validity.
- Legislative Enforceability: Though not directly justiciable, Fundamental Duties are enforceable through enabling laws. Parliament can prescribe penalties or punishments for failure to observe them.
Though initially opposed by the political opposition, the Janata Party government that succeeded the Emergency did not repeal the duties.The addition of the 11th duty via the 86th Amendment in 2002 reaffirmed their continuing relevance and cross-party consensus.
Fundamental Duties reflect the moral and civic obligations of citizens in a democratic society. While not directly enforceable in courts, they serve as an important guide to responsible citizenship, fostering national unity, discipline, and commitment to constitutional values. By balancing rights with responsibilities, these duties strengthen the democratic fabric of the nation. Their inclusion in the Constitution marks a recognition that the success of democracy depends not only on the government’s actions but also on the conduct and participation of its citizens.
FAQs
Q1. What are Fundamental Duties?
Fundamental Duties are moral and civic obligations incorporated in Part IVA (Article 51A) of the Indian Constitution. They are meant to serve as a constant reminder to every citizen that while enjoying rights, they also have responsibilities towards the nation and society.
Q2. How many Fundamental Duties are there in the Indian Constitution?
There are 11 Fundamental Duties in total. Ten were added by the 42nd Constitutional Amendment Act, 1976, and one more was added by the 86th Constitutional Amendment Act, 2002.
Q3. Are Fundamental Duties legally enforceable?
Fundamental Duties are non-justiciable, meaning they are not enforceable by courts. However, Parliament is empowered to make laws to enforce them. Some laws, like the Prevention of Insults to National Honour Act, indirectly enforce duties.
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