The Union Public Service Commission (UPSC) plays a pivotal role in selecting candidates for civil services in India, and one of the key components of the examination syllabus is Indian Polity. Among the various topics covered under Indian Polity, the Fundamental Duties hold significant importance. These duties, enshrined in the Constitution of India, serve as a moral and civic compass for citizens, emphasizing their responsibilities towards the nation. NCERT (National Council of Educational Research and Training) notes on this subject provide a comprehensive understanding of the Fundamental Duties, offering aspirants a valuable resource to grasp the ethical and constitutional obligations that accompany citizenship in the world’s largest democracy. In this blog, we delve into the essence of UPSC NCERT notes on Indian Polity, with a particular focus on the Fundamental Duties, acknowledging their indispensable role in shaping a responsible and conscientious citizenry.
Introduction:
Fundamental Duties play a crucial role in the Indian Constitution, emphasizing that citizens not only enjoy rights but also bear certain responsibilities.
Key Points:
- Every citizen is obligated to uphold the Constitution and respect its ideals and institutions.
- The original Constitution of India in 1950 did not include duties for citizens.
- Fundamental Duties serve as a guide not only for citizens but also influence the actions of elected and non-elected institutions.
- The legal utility of Fundamental Duties and Directive Principles is similar, both addressing citizens without legal sanctions for violation.
- The effectiveness of these duties depends on awareness and enforcement against individuals.
- Lack of awareness may hinder proper enforcement.
Fundamental Duties in the Indian Constitution:
- Article 51A (Part IVA) of the Indian Constitution contains the provisions related to Fundamental Duties.
- The 42nd Constitutional Amendment Act of 1976 introduced these duties, significantly adding to the original Constitution.
- The inspiration behind the inclusion of Fundamental Duties in the Indian Constitution stems from the Constitution of the erstwhile USSR, which asserted the inseparability of citizens’ exercise of rights and freedom from the performance of their duties and obligations.
Key Points:
- Unlike major democratic countries such as the USA, Canada, France, Germany, and Australia, which lack a specific list of citizens’ duties, the Japanese Constitution is an exception, containing such a list.
- The Sardar Swaran Singh Committee recommended eight Fundamental Duties, later increased to 10 by the 42nd Amendment. The 86th Constitutional Amendment in 2002 added the 11th Fundamental Duty.
- Some recommendations of the Sardar Swaran Singh Committee were not accepted by the Congress Party and were not incorporated into the Constitution. These include the Parliament’s authority to impose penalties for non-compliance with duties.
- The 11th Fundamental Duty emphasizes the duty of every parent or guardian to ensure educational opportunities for their child or ward between the ages of 6 and 14 years.
Fundamental Duties for Citizens (Article 51A):
- Abide by the Constitution, and respect its ideals, institutions, the National Flag, and the National Anthem.
- Cherish and follow the noble ideals that inspired the national struggle for freedom.
- Uphold and protect the sovereignty, unity, and integrity of India.
- Defend the country and render national service when called upon.
- Promote harmony, the spirit of common brotherhood, and renounce practices derogatory to the dignity of women.
- Preserve the rich heritage of the composite culture.
- Protect and improve the environment.
- Develop a scientific temper and spirit of inquiry.
- Safeguard public property.
- Strive towards excellence in all spheres of individual and collective activity.
- The duty of every parent or guardian to provide opportunities for education of their child or ward between the ages of 6 to 14 years.
Features and Significances of Fundamental Duties:
- Some duties are moral, while others are civic. For example, cherishing noble ideals is a moral precept, while respecting the Constitution, National Flag, and National Anthem is a civic duty.
- They codify tasks integral to the Indian way of life, limited to citizens and not applicable to foreigners.
- There is no legal sanction against their violation; however, Parliament is free to enforce them through suitable legislation.
- They function as a constant reminder to citizens, urging them to remain conscious of the duties they owe to their country. Moreover, they serve as a deterrent against engaging in anti-national and anti-social activities.
Key Points:
- The Fundamental Duties are non-justiciable, meaning the Constitution does not provide for their direct enforcement by the courts. However, they are interlinked with Fundamental Rights, forming two sides of the same coin.
- Both rights and duties are correlative and inseparable, emphasizing that citizens, while enjoying privileges, also have corresponding duties to fulfill.
- The primary purpose of including Fundamental Duties in the Constitution is to create awareness among citizens about their social and economic responsibilities. It serves as a warning to act in the best interest of their country, fellow citizens, and themselves.
- Article 51A (a) emphasizes respect for the National Flag, with instructions on this aspect included in the Indian Flag Code-2002.
- Courts may consider Fundamental Duties while interpreting laws, especially when more than one interpretation is possible. For instance, Article 51(a) (c) regarding the protection of the environment has been specifically acknowledged by the court.
Report of Verma Committee (1999):
- Identified legal provisions related to preventing insults to National Honour, criminal laws punishing encouragement of enmity and discrimination, and offenses prejudicial to national integration under the Indian Penal Code.
- Recommended reorienting approaches to school curriculum, teacher’s education programs, and professional education under the Wildlife Protection Act, 1972, and Forest Conservation Act, 1980.
- The National Commission to Review the Working of the Constitution (NCRWC), 2002, and the Supreme Court in 2003 directed the implementation of recommendations from the Verma Committee.
Criticism of Fundamental Duties:
- The list of duties is not exhaustive and does not cover duties like casting votes, paying taxes, family planning, etc.
- Some duties are vague, ambiguous, and challenging for the common man to understand. They are often described as a code of moral precepts due to their non-justifiable nature.
- Their placement in Part IV of the Constitution has diminished the value and significance of that part.
Difference between Fundamental Rights and Duties:
- Fundamental Rights are mentioned in Part III (Articles 12-35), taken from the Constitution of the USA. Fundamental Duties are in Part IVA (Article 51A), borrowed from the former Soviet Union (USSR).
- Fundamental Rights can be enforced by the courts, while Fundamental Duties cannot.
- Fundamental Rights are political and social, while Fundamental Duties encompass political, social, and economic aspects.
- Not all citizens have the liberty to enjoy Fundamental Rights (e.g., the Indian Army), whereas Fundamental Duties are extended to all citizens of the nation.
Relation Between Fundamental Rights and Fundamental Duties:
- Although Fundamental Rights were introduced earlier in the Constitution and are enforceable by the courts, Fundamental Duties are not enforceable; they represent the moral duties of responsible citizens.
- Fundamental Duties must complement Fundamental Rights. For example, Article 21 provides the Right to Education, and Article 51A(k) emphasizes that parents and guardians must provide their children with free and compulsory education between the ages of 6 to 14 years.
Prelims Facts
- The Fundamental Duties of Indian citizens are listed in UPPSC (Ms) 2006, 2011, 2012, UPPSC (Pre) 2010.
- The incorporation of Fundamental Duties into the Constitution of India was carried out by the 42nd Amendment on the recommendation of the Swaran Singh Committee (APSC (Pre) 2013, RAS/RTS (Pre) 2021).
- The 42nd Amendment Act, 1976 introduced a new chapter on Fundamental Duties into the Constitution of India (UPPSC (Pre) 1993, BPSC (Pre) 2000, 2001, CGPSC (Pre) 2008).
- The Fundamental Duties were incorporated in the Constitution in 1976 (UKPSC (Mains) 2006, RAS/RTS (Pre) 2016).
- Article 51A (g) emphasizes that it is the duty of every citizen of India to protect and improve the natural environment and have compassion for living creatures (UPPSC (Pre) 2019).
- To uphold and protect the integrity of India, encompassing sovereignty, unity, and fundamental duties, is highlighted in LAS (Pre) 2015, HPSC (Pre) 2021.
- Respecting the National Flag (Article 51A)(a) and promoting the spirit of brotherhood among all people of India (Article 51A (e)) are integral components of Fundamental Duties (UPPSC (Mains) 2014, UPPSC).
- Improving the natural environment, including forests, lakes, rivers, wildlife, and showing compassion for living creatures, is a duty of every citizen under Article 51A (g) (Fundamental Duties) (UP Lower).
- In the Indian context, the relationship between rights and duties is that rights are correlative with duties (IAS (Pre) 2017).
UPSC NCERT Practice Questions
Q1 The idea of Fundamental Duties is derived from
(a) American Constitution
(b) British
(d) None of these
(c) Russian
Q2. Fundamental Duties were appended to the Constitution of India by the 42nd Amendment on the recommendation of APSC (Pre) 2013, RAS/RTS (Pre) 2021
(a) Swaran Singh Committee
(b) Dr BR Ambedkar Committee
(c) KC Pant Committee
(d) CD Deshmukh Committee
Q3 Which one of the following is not correctly matched?
Parts of the Constitution Subject
(a) Part II Citizenship
(b) Part III Fundamental Rights
(c) Part IV Directive Principles of State Policy
(d) Part V Fundamental Duties
Q4. Which of the following statements regarding the Fundamental Duties contained in the Constitution of India are correct?
1. Fundamental Duties can be enforced through jurisdiction.
2 Fundamental Duties have formed a part of the Constitution of India since its adoption.
3. Fundamental Duties have become a part of the Constitution of India in accordance with the recommendations of the Swaran Singh Committee
4. Fundamental Duties are applicable only to citizen India.
Select the correct answer by using the codes given below.
(a) 1, 2 and 3
(b) 1, 2 and 48
(c) 2 and 3
(d) 3 and 4
Q5. Which of the following statements is/are true the Fundamental Duties of an Indian citizen
1. A legislative process has been provided to enforce these duties.
2. They are correlative to legal duties.
Select the correct answer by using the codes given below.
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
Q6. Which of the following committees suggested incorporating Fundamental Duties in the Indian Constitution?IAS (Pre) 2001, 12, APSC (Pre) 2013
(a) Malhotra Committee
(b) Raghavan Committee
(c) Swaran Singh Committee
(d) Narasimha Committee
Q7. Which of the following is not a Fundamental Duty mentioned in Article 51A?
(a) Uphold and protect the sovereignty, unity, and integrity of India.
(b) Defend the country when called upon.
(c) Protect the natural environment.
(d) Establish cooperative societies.
Q8. Which of the following is/are among the Fundamental Duties of citizens laid down in the Indian Constitution?
1. To preserve the rich heritage of our composite culture.
2. To protect the weaker sections from social injustice.
3. To develop the scientific temper and spirit of inquiry.
4. To strive towards excellence in all spheres of individual and collective activity.
Select the correct answer by using the codes given below.
(a) 1 and 2
(b) Only 2
(c) 1, 3 and 4
(d) All of the above
Q9. In the context of India, which one of the following is the correct relationship between Rights and Duties? IAS (Pre) 2017
(a) Rights are correlative with Duties.
(b) Rights are personal and hence independent of society and duties.
(c) Rights, not Duties, are important for the advancement of the personality of the citizen.
(d) Duties, not Rights are important for the stability to the state.
10. “To uphold and protect the Sovereignty, Unity and Integrity of India” is a provision made in the IAS (Pre) 2015, HPSC (Pre) 2021
(a) Preamble of the Constitution
(b) Directive Principles of State Policy
(c) Fundamental Rights
(d) Fundamental Duties
Know Right Answer
1 ( c); 2 ( a ); 3 ( d ); 4 (d); 5 (d); 6 ( c); 7 ( d); 8 ( c); 9 ( a ); 10 ( d)
Frequently Asked Questions (FAQs)
Q1: What are Fundamental Duties in the context of Indian Polity?
A1: Fundamental Duties are a set of moral and civic obligations listed in Article 51A of the Indian Constitution. These duties were added by the 42nd Amendment Act, 1976, on the recommendations of the Swaran Singh Committee. There are 11 Fundamental Duties, and they aim to promote a sense of discipline, integrity, and allegiance to the nation among citizens.
Q2: Why were Fundamental Duties introduced in the Indian Constitution?
A2: Fundamental Duties were introduced to balance the rights and responsibilities of citizens. While the Constitution guarantees several fundamental rights to individuals, it was felt that citizens also have a responsibility towards the nation and society. The inclusion of Fundamental Duties helps in fostering a sense of civic consciousness, promoting national integration, and ensuring the overall development of the individual and the country.
Q3: How are Fundamental Duties relevant to UPSC aspirants?
A3: UPSC aspirants need to be well-versed with the concept of Fundamental Duties as it is an integral part of the Indian Polity syllabus. Questions related to the importance, significance, and criticism of Fundamental Duties may be asked in the UPSC Civil Services Examination. Additionally, understanding the ethical and moral dimensions of Fundamental Duties is crucial for candidates preparing for the personality test (interview) as it reflects their commitment to societal values and national responsibilities.
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