Fundamental Duties
Indira Gandhi
"In this world nothing can be said to be certain, except death and taxes"
Benjamin Franklin
- Article - 51A(a) to 51A(k)
- Part - IVA
- Total no. of Fundamental duties - 11 (initially 10)
- Added by 42nd Constitutional amendment of 1976
- PM - Indira Gandhi
- Inspired by the constitution of USSR
- On the recommendation of Swaran Singh committee
- Amendment in Fundamental duties - once [86th Constitutional amendment act, 2002 - added Article 51A(k)]
Part IV A was made part of the Indian constitution by 42nd constitutional amendment act, 1976 inspired by the constitution of USSR and the recommendation of Swaran Singh committee.
Article 51A discussed 11 fundamental duties of every citizen of India.
Article 51A(a) - to abide by the constitution and respect the ideals and institutions, national anthem and national flag.
Note - National song was not written
Article 51A(b) - to cherish and follow the noble ideals which inspired our national struggle of freedom.
Article 51A(c) - to uphold and protect the sovereignty, unity and integrity of India.
Article 51A(d) - to defend the country and render national service when called upon to do so.
Article 51A(e) - to promote harmony and spirit of common brotherhood among all the people of India and renounce the practice which are derogatory to the dignity of women.
Note - This may limit Fundamental Right - Right to speech & expression.
Article 51A(f) - to value and preserve the rich heritage of our composite culture.
Article 51A(g) - to protect and improve national environment and have compassion for living creatures.
Article 51A(h) - to develop scientific temper, humanism and a spirit of inquiry and inform.
Article 51A(i) - to safeguard public property and abjure violence.
Article 51A(j) - to strive towards excellence an all the sphere of individual and collective activities so that the nation constantly rises.
Article 51A(k) - It was added by 86th Constitutional Amendment Act of 2002 under which it is a fundamental duty of every parents and guardian to provide opportunity to his child or ward between age 6 to 14 years old.
Fundamental Duties are added to the Constitution of India on the recommendation of Swaran Singh Committee.
The Committee recommended 8 Fundamental Duties. But the 42nd Constitutional Amendment Act 1976 provided for 10 Fundamental Duties (one more was added by 86th Constitutional Amendment Act of 2002).
Though the 42nd Constitutional Amendment Act provided for 10 Fundamental Duties, some of the recommendations of Swaran Singh Committee was not accommodated/accepted. They are -
- Duty to pay taxes.
- Penalty on non-compliance of Fundamental Duties.
- No law imposing such penalty shall be challenged in any court of law.
Fundamental duties are not legally binding in nature rather it puts moral pressure on the people of India.
The constitution doesn't carry the provision of direct enforcement of fundamental duties, i.e., there is no sanction in the constitution to prevent their violation. However, Parliament can enforce them through a suitable legislation. For example - Flag code of India
Importance of Fundamental Duties -
- It limits the fundamental rights.
- to put moral pressure on the people
Fundamental duties can be referred to understand the limits on fundamental rights. Supreme Court in a number of judgements has clarified that the fundamental duties are not only the duties of citizen but also the duties of state/government, since government is the reflection of the people.
Limitations of Fundamental Duties -
- Complicated words/language is not clear
- doesn't contain detail provisions
- lack of awareness among the people
- not legally binding
Fundamental duties are not justiciable by nature, however inclusion in the constitution brings an awareness about people's role in strengthening democracy.
However, just a mention in the constitution will not serve the intended purpose of making citizen responsible, for which opinion building through active media, civil society, role model is must besides change in value system which puts nation first not the individual or family first.
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Next Article - Fundamental Rights: An introduction
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Note - This is my Vision IAS Notes (Vision IAS Class Notes) and Ashutosh Pandey Sir's Public Administration Class notes. I've also added some of the information on my own.
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