Fundamental Duties

As aspirants embark on their journey towards cracking the UPSC exam, it’s crucial to recognize the significance of Fundamental Duties in shaping not just the administrative machinery but also the moral fabric of society. These duties, enshrined in Part IV-A of the Indian Constitution, offer a guiding light for citizens and administrators alike, reminding us of our responsibilities towards the nation and its people.

The concept of Fundamental Duties in India draws its inspiration from the Constitution of Russia. These duties were introduced as Part IV-A of the Indian Constitution through the 42nd Constitutional Amendment Act of 1976, based on the recommendations of the Swaran Singh Committee. Initially comprising 10 duties, an additional duty was added by the 86th Constitutional Amendment Act of 2002, bringing the total to eleven duties listed in Article 51-A.

Fundamental Duties serve as a gentle reminder to citizens that while they enjoy their rights, they also have responsibilities towards their country, society, and fellow citizens. Much like the Directive Principles, these duties are non-justiciable, meaning they cannot be enforced by the courts.

Features of Fundamental Duties

The Fundamental Duties outlined in Article 51-A of the Indian Constitution possess several distinctive characteristics:

Non-Justiciable: These duties are not enforceable by law through the judiciary but serve as moral obligations and guiding principles for citizens.
Scope of Applicability: Confined to citizens only, these duties do not extend to foreigners.
Derived from Various Sources: Inspired by different sources such as the Constitution of the erstwhile Soviet Union, the ideas of Mahatma Gandhi, and inputs from constitutional experts, they reflect a blend of national and international values.
Directive Nature: These duties guide citizens’ behavior and conduct, acting as a moral compass for shaping a responsible and law-abiding society.
Codification of Indian Values: They encapsulate values intrinsic to Indian traditions and practices, essentially codifying tasks integral to the Indian way of life.
Moral and Civic: Some duties are moral, like cherishing noble ideals of the national freedom struggle, while others are civic, such as respecting the Constitution.

List of Fundamental Duties

Article 51A in Part IV-A provides Fundamental Duties of Indian Constitution. These fundamental duties are mentioned below:

To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem,
To cherish and follow the noble ideals that inspired the national struggle for freedom,
To uphold and protect the sovereignty, unity, and integrity of India,
To defend the country and render national service when called upon to do so,
To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities and to renounce practices derogatory to the dignity of women,
To value and preserve the rich heritage of the country’s composite culture,
To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures,
To develop a scientific temper, humanism, and the spirit of inquiry and reform,
To safeguard public property and to abjure violence,
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, and
To provide opportunities for education to his child or ward between the age of six and fourteen years (added by the 86th Constitutional Amendment Act of 2002).

Evolution of Fundamental Duties

Initially, the Indian Constitution did not include Fundamental Duties. However, their importance became apparent during the internal emergency period from 1975 to 1977. As a result, the government took steps to introduce and develop Fundamental Duties in India.

Swaran Singh Committee:

In 1976, the Indian government formed the Sardar Swaran Singh Committee to provide recommendations regarding Fundamental Duties. The committee noted that citizens should fulfill certain duties alongside enjoying their rights. As a result, it proposed the addition of a distinct chapter on Fundamental Duties in the Constitution, outlining a list of 8 such duties.

42nd Constitutional Amendment Act of 1976

The recommendations of the Sardar Swaran Singh Committee were accepted by the Central Government, leading to the inclusion of a list of fundamental duties in the Constitution through the 42nd Constitutional Amendment Act of 1976. This amendment added a new part (Part IVA) to the Constitution, comprising only one Article (Article 51A), which outlines a code of ten fundamental duties for Indian citizens. Despite the committee proposing eight Fundamental Duties, the amendment incorporated ten such duties.

86th Constitutional Amendment Act of 2002

Since its enactment in 2002, the 86th Constitutional Amendment Act has introduced an additional Fundamental Duty to the Indian Constitution. This duty mandates that citizens provide opportunities for education to their children or wards between the ages of six and fourteen years. Since this amendment, the list of Fundamental Duties in the Constitution has remained unchanged.

Supreme Court views on Fundamental Duties

In the case of Shri Ranganath Mishra vs Union of India (2003), the Supreme Court emphasized the importance of upholding Fundamental Duties not just through legal measures but also through social norms. Additionally, the court directed the implementation of recommendations made by the Justice J.S. Verma Committee to ensure widespread awareness of Fundamental Duties among the public.

Similarly, in AIIMS Students Union v. AIIMS (2001), the Supreme Court asserted that Fundamental Duties are equally important as Fundamental Rights. The court emphasized that both categories being labeled as ‘Fundamental’ underscores their equal significance.

Relationship between Fundamental Rights and Duties

The Fundamental Rights and Duties serve as the backbone of the Indian Constitution, ensuring the protection of individual liberties and promoting collective responsibility for the nation’s development. While Fundamental Rights safeguard the dignity and progress of individuals, Fundamental Duties emphasize citizens’ obligations towards society and the nation. It is imperative for every Indian citizen to uphold these rights and duties, as they are integral to our democracy and the advancement of our country.

The harmonious interaction between Fundamental Rights and Duties plays a pivotal role in fostering societal progress and cohesion in India. These constitutional provisions not only safeguard individual freedoms but also cultivate a sense of shared responsibility, which is essential for the holistic development of the nation.

Importance of Fundamental Duties

The importance of the fundamental duties outlined in the Indian Constitution lies in their ability to foster a sense of responsibility, patriotism, and social cohesion among citizens. These duties play a crucial role in several aspects:

Civic Consciousness: Fundamental Duties instill a sense of civic consciousness and responsibility among citizens, reminding them of their obligations to uphold constitutional values.
Educational and Cultural Promotion: Some duties emphasize the importance of promoting education, scientific temper, and the preservation of India’s cultural heritage.
Harmonization with Rights: Fundamental Duties complement Fundamental Rights by reminding citizens of their reciprocal obligations towards society and the nation.
People’s Participation: They encourage citizens to actively participate in the realization of national goals, fostering a sense of ownership and involvement in the country’s progress.
Preservation of National Unity: These duties promote respect for the ideals of the Constitution and a shared commitment to the welfare of the nation, promoting unity and integrity.
Moral and Ethical Values: They encourage the cultivation of moral and ethical values such as integrity, honesty, and respect for others.
Promotion of Democratic Principles: Fundamental Duties reinforce democratic principles through civic engagement and responsible citizenship.
Social Welfare: They encourage citizens to promote harmony, brotherhood, and social inclusivity, contributing to overall social welfare.
Complementarity with Fundamental Rights: While Fundamental Rights empower individuals, Fundamental Duties ensure that these rights are exercised responsibly, striking a balance between rights and responsibilities.
Legal Framework: They serve as guiding principles for lawmakers and policymakers in shaping laws and policies for the betterment of society.
Aid to Judiciary: Fundamental Duties assist the judiciary in determining the constitutionality of laws, as laws that seek to give effect to these duties may be considered reasonable under constitutional provisions.
Global Recognition: The inclusion of fundamental duties enhances India’s reputation on the global stage by demonstrating its citizens’ commitment to democratic values and constitutional principles.

Criticism of Fundamental Duties

Critics raise several concerns regarding the Fundamental Duties outlined in the Indian Constitution:

Non-Justiciability: The inability to enforce Fundamental Duties legally raises doubts about their effectiveness and relevance, as there are no legal consequences for non-compliance.
Non-Exhaustive: Some argue that the list of duties is incomplete, omitting crucial responsibilities such as voting and tax payment.
Subjectivity and Ambiguity: Critics contend that the language used to articulate these duties is vague and subjective, making it difficult to ascertain their precise scope and implications.
Imbalance with Rights: Critics suggest that the imposition of duties alongside rights creates an imbalance, potentially encroaching upon individual autonomy and freedom.
Inadequate Promotion and Awareness: Many citizens remain unaware of their duties or perceive them as secondary to their rights, undermining their role in fostering civic responsibility.
Reduced Significance: Placing Fundamental Duties in Part IV rather than alongside Fundamental Rights diminishes their perceived importance, according to some critics who argue they should have been given equal prominence.

Despite facing criticism, the Fundamental Duties outlined in the Indian Constitution continue to play a crucial role in nurturing civic awareness, patriotism, and social unity. By directing citizens towards responsible participation in society, they actively contribute to the nation’s overall welfare and advancement. In essence, these duties help realize the founders’ vision of a harmonious and democratic society as enshrined in the Constitution.