Fundamental Duties

 


Introduction

·       The Fundamental Duty is defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India.

·       The Fundamental Duties were incorporated in Part IV-A of the Constitution by the Constitution 42nd Amendment Act, 1976, during Emergency under Indira Gandhi’s government, on the recommendations of Swaran Singh Committee.

·       Today, there are 11 Fundamental Duties described under Article 51-A, of which 10 were introduced by the 42nd Amendment and the 11th was added by the 86th Amendment in 2002.

·       These are statutory duties, not enforceable by law, but a court may take them into account while adjudicating on a matter.

·       The idea behind their incorporation was to emphasise the obligation of the citizen in exchange for the Fundamental Rights that he or she enjoys.

·       The concept of Fundamental Duties is taken from the Constitution of Russia.

·       Fundamental duties are applicable only to citizens and not to the foreginers.


Article 51A: Fundamental duties

·       It shall be the duty of every citizen of India –

1.     to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem

2.     to cherish and follow the noble ideals which inspired our 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 to do so

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

6.     to value and preserve the rich heritage of our composite culture

7.     to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures

8.     to develop the 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 so that the nation constantly rises to higher levels of endeavour and achievement

11.  to provide opportunities for education by the parent the guardian, to his child, or a ward between the age of 6-14 years as the case may be.

Why Fundamental Duties Needed?

·       It serves as a constant reminder to the citizens while enjoying their rights, the citizens should be aware of their duties their nation and towards other citizens.

·       These serve as a warning to the people against the anti-social activities that disrespect the nation like burning the flag, destroying the public property or disturbing public peace.

·       These help in the promotion of a sense of discipline and commitment towards the nation. They help in realizing national goals by the active participation of citizens rather than mere spectators.It helps the Court in determining the constitutionality of the law. For instance, any law passed by the legislatures, when taken to Court for constitutional validity of the law, if it is giving force to any Fundamental Duty, then such law would be taken as reasonable. They can be enforced by the law; the parliament has the right to impose any type of penalty or punishment for violating any of the Fundamental Duties.

Features of the Fundamental Duties

·       The fundamental duties contained both the moral as well as civic duties. Moral Duties like Cherishing noble ideals of freedom struggle and Civic Duties like Respecting the institution, National Flag/Anthem

·       They refer to such values that have been a part of the Indian tradition, mythology, religions, and practices.

·       Essentially contain just a codification of tasks integral to the Indian way of life.

·       FDs are confined to citizens only, do not extend to foreigners (FRs = extend to all: Citizens + Foreigners)

·       Like DPSPs, FDs are also a non-justiciable: Constitution that doesn’t provide for direct enforcement by the courts.

·       There is no legal sanction against their violation (however the Parliament is free to enforce them by suitable legislation)

Significance of Fundamental Duties

·       It serves as a constant reminder to the citizens while enjoying their rights, the citizens should be aware of their duties their nation and towards other citizens.

·       It serves as a warning against the national and antisocial activities (destroying pub property/burning national flag)

·       These help in the promotion of a sense of discipline and commitment towards the nation. They help in realising national goals by the active participation of citizens rather than mere spectators.

·       They help the courts in determining the constitutional validity of a law.

·       They are enforceable by law. Hence, Parliament can provide for the imposition of penalty/punishment for failure to fulfil any of them.

·       Their inclusion helps in strengthening democracy.

Criticism of Fundamental Duties

·       list of duties is not exhaustive; it doesn’t cover important duties like casting vote, paying taxes, family planning, and so on.

·       Terms are vague and difficult to comprehend by common man, leads to different interpretations – e.g. Noble ideals, strive toward excellence, spirit of enquiry.

·       They have been described by the critics as – code of moral precepts due to their nonjusticiable character.

·       Their inclusion in the constitution is superfluous: this is because the duties included in the Constitution would be performed by the people even though they were not incorporated in the Constitution.

·       The inclusion of FDs as an appendage to Part IV has reduced their value and significance; they should have been added after part III so as to keep them on par with FRs.

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