FUNDAMENTAL DUTIES

• The fundamental duties were added to the Constitution on the recommendations of the Swaran Singh Committee, which was set up in 1972 to review the working of the Constitution.
• The committee argued that the fundamental duties were necessary to promote a sense of civic responsibility and patriotism among citizens. 
• Fundamental duties are the moral and civic obligations that all citizens of India have.
• They are enshrined in Part IV-A of the Constitution under Article 51A, and they were added to the Constitution in 1976 by the 42nd Amendment. 
• In 2002, one more Fundamental Duties were added by the 86th Amendment Act 2002.
• The Fundamental Duties in the Indian Constitution are inspired by the Constitution of the erstwhile USSR. 

1.Historical Context

• When India's constitution was adopted in 1950, it did not contain any provisions regarding the duties of citizens.
• The inclusion of Fundamental Duties for citizens was introduced through the 42nd Amendment in 1976, following the recommendations put forth by the Swaran Singh Committee, which had been established by the government earlier that year.
• The Fundamental Duties aim to guide citizens' conduct and promote excellence in all aspects of their lives.

• The Fundamental Duties in the Indian Constitution draw inspiration from various sources and not exclusively from the Constitution of the former Soviet Union.
• Significantly, prominent democratic constitutions, including those of the United States, Canada, France, Germany, Australia, and others, do not explicitly outline a list of citizens' obligations or Fundamental Duties.
• Fundamental Duties are considered the moral responsibilities of all individuals to foster patriotism and safeguard the unity of India.
• The Fundamental Duties are detailed in Article 51A of Part IV A of the Indian Constitution.
• These prescribed Fundamental Duties encapsulate the noble values championed by revered saints, philosophers, social reformers, and political leaders throughout history.

2.Swaran Singh Committee (1976) Recommendations

• The Swaran Singh Committee recommended the inclusion of a dedicated chapter on fundamental duties in the Constitution.
• The committee emphasized the importance of citizens recognizing that alongside their rights, they also have certain responsibilities to fulfil.
• It proposed the incorporation of eight Fundamental Duties in the Constitution. 
• The recommendations put forth by the committee were accepted by the Central Government, leading to the enactment of the 42nd Constitutional Amendment Act in 1976.
• This amendment introduced a new part called Part IVA into the Constitution.
• Part IVA comprises a single Article, namely Article 51A, which outlined a code of ten fundamental duties for citizens, marking the first time such duties were specified.
• Interestingly, some of the committee's recommendations were not accepted and therefore not included in the Constitution. These include:

1. The Parliament may establish penalties or punishments for non-compliance with or refusal to observe any of the fundamental duties.
2. No court shall question any law imposing such penalties or punishments on the grounds of violating Fundamental Rights or conflicting with other provisions of the Constitution.
3. The duty to pay taxes was not included as a Fundamental Duty of citizens.

3.86th Amendment (2002)

• The 86th Constitutional Amendment, enacted in 2002, introduced an important provision to the Indian Constitution through the addition of Article 21A.
• This article stipulates that "the State shall provide free and compulsory education to all children between the ages of six and fourteen years, as determined by the State through appropriate legislation."
• In addition to the amendment to Article 21A, Article 51A was also amended.
• A new clause, (k), was inserted after clause (j). The amended clause (k) states that "It shall be the duty of every parent or guardian to provide opportunities for education to his or her child or, as the case may be, ward between the ages of six and fourteen years."
• This amendment highlighted the fundamental obligation of parents and guardians to ensure educational opportunities for children within the specified age range.

4.List of Fundamental Duties

5.Scope of Fundamental Duties

• Fundamental duties are considered obligatory in nature. However, the Constitution does not provide for direct enforcement mechanisms for these responsibilities.
• There are no specific penalties for non-compliance with fundamental duties. Nonetheless, the following points underscore the importance of fundamental duties:
• It is essential for individuals to equally uphold their fundamental rights and fulfil their duties.
• If a person seeking the enforcement of their rights is found to be negligent in fulfilling their duties, the court may not show leniency in their case.
• Fundamental duties can be used to interpret ambiguous legislation. If legislation aligns with any of the fundamental duties, the court may view it as reasonable and prevent it from being declared unconstitutional.

6.Need for Fundamental Duties 

• Fundamental rights and duties are inherently interconnected. The inclusion of fundamental duties serves as a constant reminder to all citizens that while the Constitution grants them certain fundamental rights, they also have corresponding obligations.
• Citizens are expected to uphold fundamental principles of democratic conduct and behaviour. 
• A careful examination of the Constitution reveals not only the rights but also the responsibilities of individuals.
• The Preamble of the Indian Constitution highlights both the Fundamental Rights guaranteed to all individuals, such as freedom of expression, speech, belief, faith, and worship, as well as the limitations that can be imposed on these rights in the interest of society.
• The remaining aspects of the Preamble underscore the importance of obligations, including the pursuit of justice and the promotion of social, economic, and political well-being.

7.Significance of Fundamental Duties 

• The fundamental duties hold great significance as they outline the moral obligations of all citizens in contributing to the promotion of patriotism and the preservation of India's unity.
• They serve as a constant reminder to citizens that alongside their rights, they have corresponding duties towards their country, society, and fellow citizens. 
• Fundamental duties act as a deterrent against activities that are anti-national or detrimental to society.
• They inspire citizens and foster a sense of discipline and commitment among them.
• Fundamental duties assist the courts in assessing the constitutional validity of laws. 
• These duties are enforceable by law, allowing the Parliament to establish suitable penalties or punishments for non-compliance.

8.Verma Committee to Review Fundamental Duties

• The Justice Verma Committee was established in 1998 to formulate a strategy and methodology to implement a nationwide program for teaching fundamental duties in educational institutions and making them enforceable.
• The committee recommended the inclusion of additional duties in Article 51A of the Constitution, such as the duty to vote in elections, actively participate in the democratic governance process, and pay taxes. 
• The committee also identified specific legal provisions for the effective implementation of certain Fundamental Duties, including:
• The Prevention of Insults to National Honour Act (1971) aims to prevent disrespect towards the Constitution of India, the National Flag, and the National Anthem.
• The Protection of Civil Rights Act (1955), which provides for penalties for offences related to caste and religion.
• The Unlawful Activities (Prevention) Act (1967), allows for the declaration of a communal organization as an unlawful association.

9.Difference between Fundamental Rights, Directive Principles, and Fundamental Duties

10.Judicial Pronouncements

• Supreme Court (1992) ruled in determining the constitutional validity of any law if the law in question seeks to give effect to FDs, it may consider such law to be reasonable about Article 14 or Article 19 and thus save such law from unconstitutionality.
• The state can make laws to prevent violation of duties.
• Duties cannot be imposed by writs
• Duties are confined only to citizens of India.