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Fundamental Duties were added to the Constitution through the 42nd Amendment Act 1976.
There are a total of eleven fundamental duties.
They are not enforceable by any court. .The Fundamental Duties are defined as all citizens' moral responsibility to contribute to the promotion of patriotism and the preservation of India's unity.
Knowing the list of fundamental duties is important for all the citizens as these are our moral responsibilities towards our country.
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Table Of Content
List of Fundamental Duties
Other essential responsibilities include respecting India's national symbols, such as the constitution, cherishing its legacy, preserving its composite culture, and assisting in its defence. They also require all Indians to foster the spirit of common brotherhood, maintain the environment and public property, cultivate a scientific temperament, refrain from violence, and strive for excellence in all areas of life. When a citizen, including the President, Vice President, Speaker, parliamentarians, state legislators, and others, violates the constitution's essential obligations, it is considered disrespect of the constitution, which is criminal under the Prevention of Insults to National Honour Act, 1971. The Supreme Court has ruled that these fundamental responsibilities can also assist the court in determining whether a law passed by the legislature is constitutional. International instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights make reference to such obligations, and Article 51A brings the Indian constitution into compliance with these treaties. The fundamental duties noted in the constitution are as follows:It shall be the duty of every citizen of India —
- 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;
- 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 to fourteen years.
Relevance of Fundamental Duties
- The Indian Constitution was amended with the 42nd Amendment Act of 1976, which introduced ten Fundamental Duties. The 11th Fundamental Duty was later added to the list by the 86th Amendment Act of 2002. The Swaran Singh Committee recommended Fundamental Duties in 1976, citing the need for them amid the internal crises of 1975-77.
- Article 51A of Part IV A of the Indian Constitution deals with Fundamental Duties. The topic is crucial for the IAS Exam because it appears in all three stages: prelims, mains, and interview.
- The 11 Fundamental Duties and their significance in India will be discussed in detail in this article. The subject is an important part of UPSC Political Science, which is one of the major subjects in the UPSC Prelims, Mains GS-II, and UPSC Syllabus.
Relationship between the Fundamental Rights, Directive Principles and Fundamental Duties
In the event of a disagreement with the Fundamental Rights, the Directive Principles have been utilised to preserve the constitutional legality of legislation.
Article 31C, adopted by the 25th Amendment in 1971, stipulated that any law enacted to give effect to the Directive Principles in Article 39(b)–(c) would not be invalidated on the basis that it derogated from Articles 14, 19, and 21's Fundamental Rights.
The 42nd Amendment in 1976 attempted to extend the application of this article to all Directive Principles, but the Supreme Court declared the addition unlawful because it violated the Constitution's core framework.The Fundamental Rights and Directive Principles have also been used to form the foundation of social welfare policy.
Following its decision in the Kesavananda Bharati case, the Supreme Court has embraced the position that Fundamental Rights and Directive Principles are complementary, with each complementing the other's role in achieving the same goal of constructing a welfare state through social revolution.
Similarly, the Supreme Court has relied on the Fundamental Duties to maintain the constitutionality of acts that seek to further the goals outlined in the Fundamental Duties.
These responsibilities have likewise been deemed mandatory for all citizens, subject to the State implementing them through legal legislation.
The Supreme Court has also given the State instructions in this regard, with the goal of making the provisions effective and allowing citizens to carry out their responsibilities properly.
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Importance of Fundamental Duties
1. They remind Indian citizens of their responsibilities to their society, fellow citizens, and country. 2. They warn citizens about anti-national and anti-social acts.3. They motivate residents and instil in them a feeling of discipline and devotion.
4. They assist courts in reviewing and determining whether a law is constitutionally valid.
Criticism of Fundamental Duties
Part IVA of the Constitution's Fundamental Duties has been challenged for the following reasons:1.Because of their non-justiciable nature, detractors have referred to them as a set of moral precepts. Their inclusion in the Constitution was deemed unnecessary by opponents. This is because the people would undertake the tasks listed in the Constitution as fundamental even if they were not included in the Constitution.
2.Some of the responsibilities are imprecise, ambiguous, and difficult to comprehend for the average person.
3.The list of responsibilities is not full, as it leaves out crucial responsibilities such as voting, paying taxes, and family planning. In reality, the Swaran Singh Committee suggested that people be required to pay taxes.
4.The placement of fundamental duties as an appendix to Part IV of the Constitution, according to some, has diminished their meaning and relevance. To maintain them on pace with Fundamental Rights, they should have been introduced after Part III.
5.The Swaran Singh Committee proposed more than ten Fundamental Duties, however not all of them were adopted in the Constitution. The following were among the committee's recommendations that were not accepted:
- Any non-compliance with or refusal to observe any of the obligations will be penalized/punished by the parliament.
- The punishments/penalties imposed by Parliament shall not be challenged in any court on the basis of a violation of one or more Fundamental Rights or a violation of any other provision of the Constitution.
- Taxes must be paid.
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Amendments To Fundamental Duties
42nd amendment 1976
The 42 nd was approved during the Emergency period.
The Indian National Congress which was at that time headed by Indira Gandhi approved this amendment.
This amendment was regarded as the most controversial amendment.
The provisions that were provided by this amendment act came into force on different dates.
Most of the provisions came into force on 3 January while others came into force on 1 April 1977. 86th amendment 2002
Only a few constitutions in the world provide the guidelines stating the obligations and duties of the citizens.
To govern the rights and the duties of its citizens, Canada and Britain lay significance on the Common Law and its judicial decision.
It is said that one should be taught to follow fundamental duties at a younger stage because if this will happen then it will not be important to list the duties in the Constitution as it will not affect its implementation.
Justice Verma committee
In order to plan a strategy and methodology for working out a programme that was started worldwide for making the fundamental duties enforceable in every type of educational institution and to teach these duties in every school, Justice Verma Committee was established in 1998. The committee took this step because it was aware of the non-operationalization of the Fundamental duties. The committee found that the reason for non-operationalization was due to lack of strategy for its implementation rather than a lack of concern.
The committee provided the provisions:
- No person can disrespect the National flag, Constitution of India and the National Anthem under the Prevention of Insults To National Honour.
- Various criminal laws have been enacted which provide punishment to the people who encourage enmity between people on the grounds of race, religion, language etc.
- The Protection Of Civil Rights Act 1955 provided for punishments in case of any offence related to caste and religion.
- The imputations and assertions that are prejudicial to the nation’s integrity and unity are considered as punishable offences under various sections of the Indian Penal Code.
- In order to prevent a communal organisation to be declared as an unlawful association, the Unlawful Activities Prevention Act was established.
- If the members of the Parliament or the state legislature indulge in any corrupt practices like asking votes in the name of religion then they will be held liable under the Representation Of Peoples Act 1951.
- The Wild Life Protection Act of 1971 protects and prohibits trade in the case of rare and endangered animals.
- The Forest Protection Act 1980 was implemented to make sure that Article 51A(g) was properly implemented.
