FUNDAMENTAL DUTIES

1. Context

2. Background

• The original constitution of India contained only the Fundamental Rights and not the Fundamental Duties.
• In 1976, Fundamental Duties were added to the Constitution by the 42nd CAA, 1976. One more FD was added by the 86th CAA 2002, totaling 11 duties.
• Fundamental Duties are inspired by the Constitution of the erstwhile USSR.
• The Japanese Constitution is the only democratic constitution in the world with a list of duties of citizens.
• Supreme Court (1992): 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’ in relation to Art. 14 or Art. 19 and thus save such law from unconstitutionality.
• Paying taxes (Recommended by Swaran Singh) and voting in elections are not included in Fundamental Duties.
• FDs help the courts in examining and determining the constitutional validity of a law.
  Fundamental Duties are confined to citizens only & not to foreigners.

3. List of Fundamental Duties

1. To abide by the Constitution and respect the National Flag and National Anthem (Not including the national song).
2. To follow the noble ideals that inspired the struggle for freedom.
3. To protect the sovereignty, unity, and integrity of India.
4. To render national service when called upon to do so.
5. To promote the common spirit of brotherhood amongst all Indians + to renounce practices derogatory to the dignity of women.
6. To preserve the rich heritage of the country’s culture.
7. To protect the national environment including forests, lakes, wildlife, etc.
8. To develop a scientific temper, humanism, and spirit of reform and inquiry.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individuals.
11. To provide an opportunity for education to his child between the age of 6 and 14 years.

4. Important Feature of Fundamental Duties

• Fundamental duties are confined to citizens only & not to foreigners.
• Fundamental duties are non-justiciable by courts. However, parliament can enforce this through suitable legislation.
• The duty to pay taxes and the Duty to vote are not part of Fundamental Duties.
• Verma Committee on Fundamental Duties of the Citizens (1999). Identified the existence of legal provisions for the implementation of some Fundamental Duties. Ex: Wild Life Protection Act, 1972.
• Verma committee recommended reorienting approaches to the school curriculum and teacher education programs and incorporating FDs in higher and professional education.

5. Swaran Singh Committee recommendations

• In 1976, the Fundamental Duties were first recommended by the Swaran Singh committee; its need was felt during the internal emergency (1975-77).
• The 42nd CAA, 1976 added a new part IV-A to the constitution consisting of a single Article 51A, which contains ten fundamental duties of citizens (Presently 11 duties).
• The committee suggested eight Fundamental Duties, the 42nd CAA, 1976 included ten Fundamental Duties.
• Swaran Singh Committee had suggested for penalty or punishment for the non-performance of Fundamental Duties.
• No law imposing such a penalty or punishment shall be called in question in any court.
• Duty to pay taxes should also be a Fundamental Duty of the citizens.

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