Fundamental Duties In India

Fundamental Duties are the constitutional duties of every Indian citizen.

They remind citizens that rights and duties must go together.

The Constitution gives citizens Fundamental Rights, but it also expects them to respect the Constitution, protect national unity, preserve culture, protect the environment, and follow responsible civic behaviour.

Constitutional Position Of Fundamental Duties

Fundamental Duties are mentioned in Part IV-A of the Indian Constitution.

They are contained in Article 51A.

Originally, the Constitution did not contain Fundamental Duties.

They were added later by the 42nd Constitutional Amendment Act, 1976.

Source Of Fundamental Duties

The idea of Fundamental Duties was inspired by the Constitution of the former Union of Soviet Socialist Republics, or USSR.

The Japanese Constitution is considered one of the few democratic constitutions that contains a list of duties of citizens.

Sardar Swaran Singh Committee

Fundamental Duties were added after the recommendations of the Sardar Swaran Singh Committee.

The committee recommended 8 Fundamental Duties.

However, the 42nd Amendment Act, 1976 included 10 Fundamental Duties in the Constitution.

Later, the 86th Constitutional Amendment Act, 2002 added one more duty.

So today, there are 11 Fundamental Duties.

Recommendations Not Accepted

Some recommendations of the Sardar Swaran Singh Committee were not accepted by the government.

These included:

• Parliament may impose penalty or punishment for non-compliance with Fundamental Duties.
• No law imposing such penalty should be questioned in court on the ground of violation of Fundamental Rights.
• Duty to pay taxes should also be added as a Fundamental Duty.

List Of Fundamental Duties Under Article 51A

It is the duty of every citizen of India:

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
• To cherish and follow the noble ideals that inspired India’s national struggle for freedom.
• To uphold and protect the sovereignty, unity and integrity of India.
• To defend the country and render national service when called upon to do so.
• To promote harmony and the spirit of common brotherhood among all people of India, beyond religious, linguistic, regional or sectional differences, and to renounce practices derogatory to the dignity of women.
• To value and preserve the rich heritage of India’s composite culture.
• To protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
• To develop scientific temper, humanism and the spirit of inquiry and reform.
• To safeguard public property and to abjure violence.
• To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of achievement.
• To provide opportunities for education to one’s child or ward between the age of 6 and 14 years.

11th Fundamental Duty

The 11th Fundamental Duty was added by the 86th Constitutional Amendment Act, 2002.

It says that every parent or guardian must provide opportunities for education to their child or ward between the age of 6 and 14 years.

This duty is linked with Article 21A, which provides the Right to Education for children aged 6 to 14 years.

Features Of Fundamental Duties

Fundamental Duties have some important features.

• Some duties are moral duties, such as cherishing the ideals of the freedom struggle.
• Some duties are civic duties, such as respecting the Constitution, National Flag and National Anthem.
• They reflect tasks connected with Indian traditions, cultural values and civic discipline.
• They are applicable only to citizens and not to foreigners.
• They are non-justiciable, which means they cannot be directly enforced by courts.

Are Fundamental Duties Enforceable?

Fundamental Duties are not directly enforceable by law.

This means a citizen cannot be taken to court only for not following a Fundamental Duty, unless there is a separate law dealing with that act.

For example, respecting the National Flag is a Fundamental Duty.

But punishment for insulting the National Flag comes through a specific law, not directly from Article 51A.

Importance Of Fundamental Duties

Fundamental Duties are important because they create a sense of constitutional responsibility.

They help citizens understand that democracy cannot work only through rights.

It also needs discipline, respect, participation and responsibility.

Fundamental Rights And Fundamental Duties

Fundamental Rights protect citizens from arbitrary State action.

Fundamental Duties remind citizens of their responsibilities toward the nation and society.

Basis	Fundamental Rights	Fundamental Duties
Part	Part III	Part IV-A
Articles	Articles 12 to 35	Article 51A
Nature	Rights of individuals	Duties of citizens
Enforceability	Enforceable by courts	Non-justiciable
Applies to	Citizens and in some cases foreigners	Citizens only
Purpose	Protect liberty and equality	Promote responsibility and discipline

Criticism Of Fundamental Duties

Fundamental Duties have been criticised on several grounds.

• Important duties like voting, paying taxes and family planning are not included.
• Some expressions are vague, such as noble ideals, composite culture and scientific temper.
• They are described as moral instructions because they are non-justiciable.
• Some critics consider them unnecessary because responsible citizens already follow such duties.
• Some argue that Fundamental Duties should have been placed after Part III to give them equal importance with Fundamental Rights.

Important Facts At A Glance

Topic	Important Fact
Part	Part IV-A
Article	Article 51A
Added by	42nd Constitutional Amendment Act, 1976
Inspired by	Former USSR Constitution
Committee	Sardar Swaran Singh Committee
Committee recommended	8 duties
42nd Amendment added	10 duties
Present number of duties	11
11th duty added by	86th Constitutional Amendment Act, 2002
Nature	Non-justiciable
Applies to	Citizens only

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