What are Fundamental Duties

What are Fundamental Duties?

The original Indian Constitution, which entered into force on January 26, 1950, did not mention of citizen duties & obligations.

It was expected that the Indian citizens of free India would perform their duties willingly. However, things didn’t go as planned. Therefore, ten Fundamental Duties were added in Part IV-A of the Constitution under Article 51-A by virtue of the 42nd Constitution Amendment Act in 1976 on the recommendation of the Swaran Singh Committee.

The fundamental duties are intended to serve as a constant reminder to every Indian citizen and enforce certain basic norms of democratic behavior due to the correlation between rights and duties. The idea of incorporating Fundamental Duties into the Indian constitution was inspired by the Russian Constitution (erstwhile Soviet Union).

Originally, ten duties were added, and one more duty was added in 2002 by the 86th Constitutional Amendment Act. Article 51-A of the Constitution contains a list of all eleven duties (the sole Article in Part-IV-A).

List of 11 Fundamental Duties of India 51A Fundamental duties: It shall be the duty of every citizen of India: 51A

1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; 51A
2. to cherish and follow the noble ideals which inspired our national struggle for freedom; 51A
3. to uphold and protect the sovereignty, unity and integrity of India; 51A
4. to defend the country and render national service when called upon to do so; 51A
5. 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; 51A
6. to value and preserve the rich heritage of our composite culture; 51A
7. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; 51A
8. to develop the scientific temper, humanism and the spirit of inquiry and reform; 51A
9. to safeguard public property and to abjure violence; 51A
10. 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; 51A
11. who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

Importance of Fundamental Duties In India

Fundamental Duties are important for ethical, social, and economic reasons. If a citizen performs his or her responsibilities, he or she has moral claims to his or her rights. Duties can help to sustain the environment and economic development. The importance of fundamental duties is as follows: They help in promoting the spirit of discipline and patriotism among the citizens.

Additionally, they assist in achieving societal objectives by encouraging active citizen participation as opposed to the spectator. They help in reminding citizens of their fundamental obligations, despite the fact that they are entitled to all fundamental rights. They assist citizens in understanding that their rights and responsibilities are interconnected. They assist citizens in remembering their responsibilities in order to build a great nation.

They inspire people, foster patriotic feelings, and instill a sense of commitment and discipline in them. They warn citizens against anti-social and anti-national activities by those who take pleasure in breaking the law, destroying public property, burning the Indian flag, or otherwise interfering with public peace. They assist the courts in examining and determining the constitutional validity of legislation in matters of public interest.

Features of Fundamental Duties Of India

The fundamental duties are derived primarily from Indian tradition, mythology, religions, and practices. Essentially, these were the duties that codified tasks essential to the Indian way of life. The following are some notable features of the Fundamental Duties: Fundamental duties can be classified into two: Civic Duty & Moral Duty Civic Duty: respecting the Constitution, the National Flag, and the National Anthem. Moral Duty: cherishing noble ideals of the freedom struggle. Fundamental Duties apply only to Indian citizens; they do not apply to foreigners, in contrast to fundamental rights, which apply to both citizens and foreigners.

Fundamental Duties, like Directive Principles of State Policy (DPSP), are non-justiciable. It means that the failure of citizens to perform their fundamental duties is not punishable. They are in the nature of a code of conduct, and there is no legal sanction for them because they are nonjusticiable. However, they are subject to legal enforcement; parliament has the authority to pass laws punishing any violation of the Fundamental Duties. In February 2022, the Supreme Court issued a notice to the Centre and states in a writ petition seeking the enforcement of citizens’ fundamental duties as enshrined in the Indian Constitution. Criticism Against Fundamental Duties In India

Here are some of the criticism against Fundamental Duties: These duties are made non-justiciable in nature. Important duties such as taxation and family planning are not covered. Some of the fundamental duties are vague, making it difficult for the common citizen to understand what is meant by “rich heritage,” “humanism,” “excellence,” and “composite culture” in all spheres of individual and group activities. Some critics argue that these are fundamental duties that people will carry out even if they are not mentioned in the Constitution.

However, there has been a demand from time to time to revise the current list of fundamental duties, simplify their language, and make them more realistic and meaningful, as well as add some urgently needed more realistic duties. They should be made as justiciable as possible. Swaran Singh Committee 1976 Report The 42nd Constitutional Amendment was enacted in response to the Swaran Singh Committee Report, which was established by the Congress President in 1976 to recommend constitutional amendments. Swaran Singh presided over the Committee. The Committee had suggested adding a new chapter to the Indian Constitution describing the citizen’s fundamental duties.

In accordance with the committee’s recommendations, the government amended the constitution through the 42nd amendment, which took effect on January 3rd, 1977. The Swaran Singh Committee recommended eight items to be included in the constitution as citizen duties. The text of their report is as follows: To respect and abide by the constitution and the laws. To uphold the sovereignty of the nation and to function in such a way as to sustain and strengthen its unity and integrity.

To respect the democratic institutions enshrined in the constitution, and not to do anything which may impair their dignity or authority. To defend the country and to render national service including military service when called upon to do so. To abjure communalism in any form. To render assistance and cooperation to the State in the implementation of Directive Principles of State Policy, and to promote the common good of the people so as to subserve the interests of social and economic justice.

To abjure violence; to protect and safeguard public property and not to do anything which may cause damage or destruction to such property. To pay taxes according to the law. However, the then-Congress government led by Prime Minister Indira Gandhi did not accept all of the Swaran Singh Committee’s suggestions or recommendations.

These include 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 on the ground of repugnancy to any other provision of the Constitution.

Duty to pay taxes should also be a Fundamental Duty of the citizens. Review of Fundamental Duties By Verma Committee In order to determine whether there are any legal provisions for the implementation of some of the Fundamental Duties, the Verma Committee on Fundamental Duties of the Citizens was established in 1999. The Committee identified the existence of the following legal provisions, which are listed below: Prevention of insults to National Honour Act (1971) Protection of Civil Right Act (1955) Representation of People Act (1951) Wildlife Protection Act (1972) Forest Conservation Act (1980) Unlawful Activities (Prevention) Act of 1967 The Verma Committee also made the following recommendations to teach and educate people about the importance of Fundamental Duties:

They will raise the status of citizens in public life, and thus every individual should follow and promote these duties. Public officials should avoid selfishness or nepotism. Their topmost priority should be to serve the public interest rather than personal interests. Integrity should be the guiding principle in the management of the public office. It is a fundamental duty of public officeholders to be answerable for their decisions and actions.

In terms of all the decisions and actions they took, they should be as transparent as possible. While in office, public officials should maintain their honesty. Leadership is critical in the sense that holders of public office should promote and set an example of these principles through their leadership skills.

Article 51A of the Indian Constitution lists the Fundamental Duties of citizens of India. These duties were added to the Constitution by the 42nd Amendment Act in 1976 and serve as a reminder to citizens about their responsibilities towards the nation. While the Indian Constitution primarily focuses on the rights and freedoms of citizens, the inclusion of fundamental duties emphasizes the importance of civic and moral obligations. Here is a summary of Article 51A and its Fundamental Duties:

Article 51A - Fundamental Duties:

Article 51A of the Indian Constitution consists of eleven fundamental duties that citizens are expected to uphold. These duties are non-justiciable, meaning they cannot be enforced by a court of law, but they are considered a moral and civic obligation. The Fundamental Duties are as follows:

1. To abide by the Constitution and respect its ideals and institutions.
2. To cherish and follow the noble ideals that inspired the national struggle for freedom.
3. To uphold and protect the sovereignty, unity, and integrity of India.
4. To defend the country and render national service when called upon.
5. To promote harmony and the spirit of common brotherhood among all the people of India, transcending religious, linguistic, and regional or sectional diversities.
6. To value and preserve the rich heritage of the country's composite culture.
7. To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
8. To develop a scientific temper, humanism, and the spirit of inquiry and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity.
11. To provide opportunities for education to one's child or ward between the ages of six and fourteen years.

These Fundamental Duties are designed to promote a sense of responsibility and patriotism among Indian citizens. They cover a wide range of aspects, from upholding the Constitution to protecting the environment and promoting scientific thinking. While they are not legally enforceable, they are considered essential for the well-being of the nation and its citizens.

It's important to note that while Article 51A outlines the Fundamental Duties of citizens, the primary focus of the Indian Constitution remains on the rights and freedoms of individuals. The Fundamental Duties complement these rights by highlighting the responsibilities that come with citizenship.