Fundamental Duties in the Indian Constitution

The Fundamental Duties are an integral part of the Indian Constitution, guiding citizens towards responsible behaviour and national development. They are inspired by the Constitution of erstwhile USSR.

Key Facts and Evolution:

The Fundamental Duties of the citizens are enumerated in Article 51A of Part IV-A of the Constitution.
Originally, there were ten Fundamental Duties. They were included by the 42nd Amendment Act, 1976.
The inclusion of Fundamental Duties was based on the recommendations of the Sardar Swaran Singh Committee. This committee was set up by the Congress Party in 1976 to make recommendations about fundamental duties, recognizing the need for citizens to be conscious of their duties alongside their rights.
An eleventh Fundamental Duty was added by the 86th Amendment Act, 2002.
Fundamental Duties do not form part of the original Constitution but were added later.
They are addressed to the citizens only, not to foreigners.

Nature of Fundamental Duties:

Not Enforceable: Although these duties are not directly enforceable by a court, they provide a valuable guide and aid in the interpretation of the Constitution and other laws.
The Fundamental Duties can be promoted through suitable legislation.
They are considered a codification of tasks integral to the Indian way of life.
They largely contain a mixture of moral and civic duties.

List of Eleven Fundamental Duties (Article 51A):

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 which inspired our 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; to renounce practices derogatory to the dignity of women.
To value and preserve the rich heritage of our composite culture.
To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
To develop the 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 endeavour and achievement.
To provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years (added by the 86th Amendment Act, 2002).

Non-enforceable and Non-justiciable Nature:

The fundamental duties are non-enforceable and non-justiciable in character, meaning one cannot approach a court for violation of a fundamental duty, unlike Fundamental Rights.
It means that no citizen can be punished by a court for violation of a fundamental duty unless specific laws are enacted for their enforcement.
In this respect, the fundamental duties are like the Directive Principles of State Policy in Part IV of the Constitution, which are also non-justiciable.
However, courts can certainly take cognizance of laws seeking to give effect to fundamental duties during legal proceedings.

Legal Provisions for Implementation of Fundamental Duties (Verma Committee, 1999):

The Verma Committee on Fundamental Duties of Citizens (1999) identified the existence of certain legal provisions for the implementation of some of the Fundamental Duties:

The Prevention of Insults to National Honour Act (1971): This Act prohibits disrespect to the Constitution of India, the National Flag, and the National Anthem. It ensures that the duty to respect national symbols (51A(a)) is legally enforceable.
Various Criminal Laws: These laws provide for punishments for encouraging enmity between different sections of people on grounds of language, race, place of birth, religion, etc., thereby supporting the duty of promoting harmony and brotherhood (51A(e)). The Indian Penal Code (IPC) also declares imputations and assertions prejudicial to national integration as punishable offenses.
The Protection of Civil Rights Act (1955): This Act provides for punishments for offenses related to caste and religion, reinforcing the spirit of common brotherhood and renouncing practices derogatory to the dignity of women (51A(e)). It was formerly the Untouchability (Offences) Act, 1955.
The Representation of People Act (1951): This Act provides for the disqualification of members of Parliament or a state legislature for indulging in corrupt practices, such as soliciting votes on the ground of religion or promoting enmity between different sections of people. This indirectly supports the duty to promote harmony and safeguard the democratic process.
The Wildlife (Protection) Act (1972): This Act prohibits trade in rare and endangered species and provides for the protection of wildlife, directly enforcing the duty to protect and improve the natural environment and have compassion for living creatures (51A(g)).
The Forest (Conservation) Act (1980): This Act checks indiscriminate deforestation and diversion of forest land for non-forest purposes, further reinforcing the duty to protect and improve the natural environment (51A(g)).

Significance and Criticisms of Fundamental Duties:

Significance:

Reminder to Citizens: They serve as a constant reminder to citizens that while enjoying their rights, they also have duties towards their society, fellow citizens, and the nation.
Warning against Anti-National Activities: They warn citizens against anti-national and anti-social activities like burning the national flag, destroying public property, etc.
Source of Inspiration: They inspire citizens and promote a sense of discipline and commitment among them. They help in realizing the national goals.
Helpful in Interpretation of Laws: They help the courts in examining the constitutional validity of a law. The Supreme Court has held that in determining the constitutionality of any law, if a law seeks to give effect to a Fundamental Duty, it may be considered 'reasonable' in relation to Article 14 (Equality before Law) or Article 19 (Freedom of Speech and Expression).
Strengthens Democracy: They foster a sense of civic responsibility and patriotism, crucial for the healthy functioning of a democracy.

Criticisms:

Non-justiciable Nature: Critics argue that their non-justiciable nature makes them ineffective and mere moral precepts.
Ambiguity: Some duties like "scientific temper" or "composite culture" are considered vague and open to various interpretations.
Redundancy: Some duties are already covered under other legal provisions, leading to arguments of redundancy.
Not Comprehensive: The list of duties is not exhaustive; for instance, the duty to vote, pay taxes, or family planning is not included.
Placement in the Constitution: Their placement in Part IV-A (after Directive Principles) rather than Part III (with Fundamental Rights) has been criticized by some for undermining their importance.

Conclusion:

Despite the criticisms, Fundamental Duties play a crucial role in shaping a responsible citizenry and promoting national integration. They are a guiding light for individuals and the state, fostering a balanced approach between rights and responsibilities. For UPSC aspirants, understanding the historical context, the specific duties, their nature, and their legal backing is essential for a comprehensive grasp of the Indian Constitution.

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