42nd Amendment added Fundamental Duties to the Indian Constitution (Swaran Singh Committee recommendation) in 1976 through Part IV-A and Article 51-A, initially listing ten duties.
86th Amendment: Added an 11th duty in 2002, making it a duty for parents to provide education to children aged 6-14.
Fundamental Duties emphasize citizens’ moral obligations and commitments to society and the nation, highlighting the inseparable nature of rights and duties. Countries like China, the Netherlands, Vietnam, and Japan have included Fundamental Duties in their constitutions.
Verma committee recommended including Fundamental Duties in school curricula and making voting in elections a Fundamental Duty.
Fundamental Duties: List and Application
| Article 51A – Fundamental Duty | Application |
|---|---|
| (a) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem | Standing up in movie theatres during the national anthem |
| (b) To cherish and follow the noble ideals that inspired the national struggle for freedom | Including the Desh Bhakti curriculum in the school syllabus |
| (c) To uphold and protect the sovereignty, unity, and integrity of India | SATARK NAGRIK SURAKSHIT DESH – being vigilant |
| (d) To defend the country and render national service when called upon to do so | Volunteering during COVID-19 crisis |
| (e) To promote harmony and the spirit of common brotherhood amongst all the people of India, transcending religious, linguistic, and regional or sectional diversities, and to renounce practices derogatory to the dignity of women | Stopping mob lynching or honor killings; objecting to the objectification of women in advertisements |
| (f) To value and preserve the rich heritage of the country’s composite culture | Stopping graffiti on the walls of monuments |
| (g) To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures | Reusing, reducing, and recycling plastic waste |
| (h) To develop the scientific temper, humanism, and the spirit of inquiry and reform | Avoiding falling prey to fake news |
| (i) To safeguard public property and to abjure violence | Adhering to peaceful protests |
| (k) To provide opportunities for education to his child or ward between the ages of six and fourteen years | Valuing entrepreneurship and start-up culture |
| (k) To provide opportunities for education to his child or ward between the age of six and fourteen years | (k) To provide opportunities for education to his child or ward between the ages of six and fourteen years |
Swaran Singh Committee
| Aspect | Details |
|---|---|
| About | In 1976, the Indira Gandhi government set up a Committee under Sardar Swaran Singh to recommend fundamental duties during the internal emergency (1975-1977). |
| Unaccepted Recommendations | Paying taxes: Duty to pay taxes as a Fundamental Duty was recommended. |
| Penal provisions: Parliament could impose penalties for non-compliance with duties. | |
| Doing away with Judicial review: Laws imposing penalties for non-compliance would not be questioned for violating Fundamental Rights. |
Characteristics and Significance of Fundamental Duties
| Characteristic | Description | Specific Examples |
|---|---|---|
| Non-Justiciable | Fundamental Duties are not enforceable by law, meaning no legal action can be taken if they are not followed. | No citizen can be legally compelled to sing the national anthem, but respect during its rendition is expected. |
| Moral and Civic Obligations | Serve as moral guidelines for civic behavior to promote discipline and commitment to the nation. | To renounce practices derogatory to the dignity of women |
| Enforceable by Law | Parliament can impose penalties for failing to follow Fundamental Duties. | Flag Code of India |
| Promotive of Constitutional Ideals | Reflect and reinforce constitutional principles like sovereignty, unity, and integrity. | Duty to uphold and protect the sovereignty, unity, and integrity of India (Article 51A). |
| Comprehensive in Scope | Duty to protect and improve the natural environment including forests, lakes, and rivers (Article 51A(g)). | Duty to protect and improve the natural environment including forests, lakes, rivers (Article 51A(g)). |
| Inspirational Role | Inspire citizens to participate actively in national development and uphold national pride. | Promotes involvement in community services and observance of laws promoting national interest. |
| Rooted in Indian Culture | Represents traditional Indian values like tolerance, peace, and communal harmony. | Promoting communal harmony during festivals and public celebrations to maintain peace and unity. |
| Instrumental in Legal Framework | Influence legal interpretations and support the enactment of laws aligned with civic responsibilities. | Courts may refer to duties like promoting harmony (Article 51A(e)) when adjudicating cases on communal harmony. |
| Guidance for State Policies | Guide the state in formulating policies that reflect the fundamental values of the Constitution. | Duty to protect and improve the natural environment including forests, lakes, and rivers (Article 51A(g)). |
Criticisms of Fundamental Duties
| Criticism | Details | Example |
|---|---|---|
| Superfluous Nature | Duties are seen as redundant as people would perform them without constitutional mention. | Citizens respecting the national flag even before it was mandated by Fundamental Duties. |
| Non-Justiciable Nature | Described as moral precepts without penalties or punishments for non-performance. | No legal consequences for not developing a scientific temper. |
| An appendage to Part IV | Incorporation in Part IV-A reduces their value; should have been placed after Fundamental Rights. | Duties not given equal importance as rights in constitutional placement. |
| Vague and Ambiguous | Terms like ‘noble ideals’ and ‘scientific temper’ are difficult to understand and interpret. | Common people may find it hard to define and practice ‘scientific temper’. |
| Non-Exhaustive List | Not comprehensive; important duties like paying taxes or voting are missing. | No constitutional mandate for citizens to pay taxes or participate in elections. |
Important Judgments
| Case Name | Summary of Judgment |
|---|---|
| Chandra Bhavan Boarding v State of Mysore 1969 | Upheld minimum wage legislation, emphasizing the balance of rights and duties. |
| Balaji Raghavan v Union of India 1995 | Upheld the constitutionality of National Awards, linking them to the duty of striving toward excellence. (Article 51A(j)) |
| M.C. Mehta v Kamal Nath II 2000 | Stressed the duty to protect and improve the natural environment. (Article 51A(g)) |
| Javed v State of Haryana 2003 | Supported a law limiting the number of children one can have for eligibility in local elections. |
| In Re Ramlila Maidan Incident 2012 | Discussed the duty to obey lawful orders and maintain public order during a protest eviction incident. |
Laws implementing FD
| Aspect | Details | Example |
|---|---|---|
| Representation of People Act, 1951 | Membership of Parliament or State Legislatures can be rejected for corrupt activities. | Disqualifying MPs/MLAs involved in corruption. |
| Unlawful Activities Protection Act, 1967 | Bans sectarian organizations to maintain peace and stability. | Prohibiting extremist groups to ensure national security. |
| Protection of Civil Rights Act, 1955 | Punishes those practicing untouchability. | Legal actions against individuals promoting untouchability. |
| Wildlife Protection Act, 1972 | Prohibits illegal trading of animals to protect endangered species. | Penalizing poachers and traders of endangered wildlife. |
| Prevention of Insults to National Honour Act, 1971 | Prohibits insults to the national anthem, flag, and Constitution. | Punishing individuals disrespecting the national symbols. |
| Forest Conservation Act, 1980 | Prohibits the destruction of natural forests; regulates their use. | Restricting deforestation and regulating forest land use. |
