Fundamental Duties
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Fundamental Duties
Introduction:
- Added in 1976.
- One more duty added in 2002.
- Inspired by the Constitution of the erstwhile USSR.
Global Context:
- Major democratic countries (USA, Canada, France, Germany, Australia) do not list duties of citizens.
- The Japanese Constitution includes a list of duties.
- Socialist countries emphasize both fundamental rights and duties.
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Swaran Singh Committee:
Formation:
- Set up by Congress Party in 1976 during internal emergency (1975-1977).
Recommendations:
- Inclusion of a separate chapter on fundamental duties in the Constitution.
- Emphasized the importance of citizens performing duties alongside enjoying rights.
Implementation:
- Recommendations led to the 42nd Constitutional Amendment Act in 1976.
- Added Part IVA to the Constitution.
- Introduced Article 51A, specifying ten fundamental duties.
Key Points:
- Swaran Singh Committee recommended eight duties; ten were included in the amendment.
- Some recommendations were not accepted:
- Penalty or punishment for non-compliance with duties.
- Non-questionable law for penalties.
- Duty to pay taxes as a fundamental duty.
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List of Fundamental Duties
Article 51A: Duties of Every Citizen of India
(a) Abide by the Constitution:
- Respect the Constitution, National Flag, and National Anthem.
(b) Cherish Noble Ideals:
- Follow ideals from the national struggle for freedom.
(c) Protect Sovereignty:
- Uphold and protect India's sovereignty, unity, and integrity.
(d) Defend the Country:
- Defend the nation and render national service when called upon.
(e) Promote Harmony:
- Foster brotherhood, transcend diversities, and renounce practices derogatory to women's dignity.
(f) Preserve Heritage:
- Value and preserve the rich heritage of India’s composite culture.
(g) Protect Environment:
- Protect and improve the environment, and show compassion for living creatures.
(h) Develop Scientific Temper:
- Cultivate scientific temper, humanism, and spirit of inquiry and reform.
(i) Safeguard Public Property:
- Protect public property and abjure violence.
(j) Strive for Excellence:
- Strive for excellence in all spheres to elevate national standards.
(k) Provide Education:
- Ensure education for children aged six to fourteen (added by the 86th Constitutional Amendment Act, 2002).
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Verma Committee:
The Verma Committee on Fundamental Duties of the Citizens (1999) identified the existence of legal provisions for the implementation of some of the Fundamental Duties. They are mentioned below:
- The Prevention of Insults to National Honour Act (1971) prevents disrespect to the Constitution of India , the National Flag and the National Anthem.
- The various criminal laws in force provide for punishments for encouraging enmity between different sections of people on grounds of language, race, place of birth, religion and so on.
- The Protection of Civil Rights Act (1955) provides for punishments for offences related to caste and religion.
- The Indian Penal Code (IPC) declares the imputations and assertions prejudicial to national integration as punishable offences.
Reference: Indian Polity by M Laxmikanth
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