Fundamental Duties

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, marking a significant addition 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 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 to 14 years. 

Fundamental Duties for Citizens (Article 51A) 

• Abide by the Constitution, 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.