Fundamental Duties

Fundamental Duties:

Introduction

The rights and duties of citizens are correlative and inseparable. However, the original Constitution (1950) contained only Fundamental Rights and not Fundamental Duties. The framers incorporated the duties of the State as Directive Principles of State Policy instead. Fundamental Duties were added later through the 42nd Constitutional Amendment Act in 1976, and another duty was added in 2002 through the 86th Amendment Act.

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Historical Context and Development

Original Constitutional Framework

The original Constitution included:

• Fundamental Rights for citizens and all persons

• Directive Principles of State Policy as duties of the State

• Absence of Fundamental Duties for citizens

The framers believed that incorporating duties was unnecessary at that time.

42nd Constitutional Amendment Act (1976)

Following the recommendation of the Swaran Singh Committee, the 42nd Amendment Act added:

• A new Part IVA to the Constitution

• Article 51A, which specified ten Fundamental Duties of citizens

This amendment was enacted during the Internal Emergency (1975-1977) when the need for emphasizing citizen duties became apparent.

86th Constitutional Amendment Act (2002)

Added one more Fundamental Duty regarding education of children, bringing the total to eleven.

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International Perspective

The Fundamental Duties in the Indian Constitution are inspired by the Constitution of the erstwhile USSR, which emphasized the inseparable nature of rights and duties.

Comparative Analysis:

• Major Democratic Countries (USA, Canada, France, Germany, Australia): Do not specifically contain a list of duties of citizens

• Japan: Perhaps the only democratic constitution containing a list of citizen duties

• Socialist Countries: Gave equal importance to fundamental rights and duties (USSR model)

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Swaran Singh Committee Recommendations (1976)

Background

The Congress Government established the Sardar Swaran Singh Committee to recommend the incorporation of fundamental duties following the operational challenges faced during the Internal Emergency.

Key Recommendations

1. Inclusion of Separate Chapter: The committee recommended including a separate chapter on fundamental duties in the Constitution

2. Citizen Consciousness: Emphasized that citizens should be aware that enjoying rights comes with the responsibility of performing duties

3. Enforcement Mechanisms: Suggested provisions for penalties and punishments for non-compliance

Recommendations Not Accepted

Despite the committee’s suggestions, the Congress Government did not incorporate:

1. Penalty and Punishment Provisions: Parliament should impose appropriate penalties for non-compliance with duties

2. Legal Immunity for Enforcement: Laws imposing penalties should not be challengeable in courts on grounds of infringement of Fundamental Rights

3. Duty to Pay Taxes: The committee recommended making tax payment a fundamental duty, but this was not included

Note: The 42nd Amendment included ten duties instead of the eight recommended by the committee.

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List of Fundamental Duties (Article 51A)

The fundamental duties noted in the constitution are as follows:

Article 51 A	Provision
(a)	To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
(b)	To cherish and follow the noble ideals which inspired our Indian freedom Struggle.
(c)	To uphold and protect the sovereignty, unity, and integrity of India.
(d)	To defend the country and render national services when called upon to do so.
(e)	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.
(f)	To value and preserve the rich heritage of our composite culture.
(g)	To value, protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
(h)	To develop the scientific temper, humanism, and spirit of inquiry and reform.
(i)	To safeguard public property and to abjure violence.
(j)	To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.
(k)	Duty of the parent or guardian to provide opportunities for education to his child, as the case may be, between the age of six and fourteen years (added by 86th Amendment Act, 2002).

It shall be the duty of every citizen of India:

(a) Constitutional Respect To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem

(b) Historical Consciousness To cherish and follow the noble ideals that inspired the national struggle for freedom

(c) National Sovereignty To uphold and protect the sovereignty, unity and integrity of India

(d) National Defense To defend the country and render national service when called upon to do so

(e) Social Harmony 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

(f) Cultural Preservation To value and preserve the rich heritage of the country’s composite culture

(g) Environmental Protection To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures

(h) Scientific Advancement To develop scientific temper, humanism and the spirit of inquiry and reform

(i) Public Property and Non-Violence To safeguard public property and to abjure violence

(j) Excellence and National Progress 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

(k) Child Education (Added by 86th Amendment, 2002) To provide opportunities for education to his child or ward between the age of six and fourteen years

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Features of Fundamental Duties

Classification of Duties

1. Moral Duties: Cherishing noble ideals of the freedom struggle (reflect ethical principles)

2. Civic Duties: Respecting the Constitution, National Flag, and National Anthem (legal and civic obligations)

Cultural Roots

The duties codify values that have been integral to Indian tradition, mythology, religions, and practices. They essentially represent a codification of tasks integral to the Indian way of life.

Scope and Application

• Limited to Citizens Only: Unlike some Fundamental Rights that extend to both citizens and foreigners, Fundamental Duties apply exclusively to Indian citizens

• No Extension to Foreigners: Foreigners are not bound by these duties

Legal Enforceability

1. Non-Justiciable Character: Like Directive Principles of State Policy, Fundamental Duties are non-justiciable

2. No Direct Court Enforcement: The Constitution does not provide for their direct enforcement by courts

3. No Legal Sanction for Violation: There is no direct legal penalty for violating these duties

4. Parliamentary Enforcement: Parliament is free to enforce them through suitable legislation

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Criticisms of Fundamental Duties

1. Incomplete List

• The list is not exhaustive and does not cover other important duties such as:

  • Casting vote (electoral participation)

  • Paying taxes (recommended by Swaran Singh Committee)

  • Family planning

• This incompleteness undermines the comprehensiveness of citizen obligations

2. Vagueness and Ambiguity

Certain duties are vague and difficult for common people to understand:

• “Noble ideals” (subject to multiple interpretations)

• “Composite culture” (undefined parameters)

• “Scientific temper” (lacks clear definition)

• Different interpretations can lead to inconsistent application

3. Moral Precepts Without Legal Force

• Criticized as a mere “code of moral precepts” due to their non-justiciable character

• No legal consequences for non-performance

• The Swaran Singh Committee had suggested penalties, but these were not incorporated

• Questions the practical utility of duties without enforcement mechanisms

4. Superfluous Inclusion

Critics argue that:

• These duties would be performed by law-abiding citizens regardless of constitutional inclusion

• Over 99.9% of citizens are already law-abiding

• Codifying duties implies lack of confidence in citizens’ voluntary compliance

5. Structural Placement

• Placement as Part IVA after Part IV (Directive Principles) undermines their significance

• Should have been placed after Part III (Fundamental Rights) to maintain parity

• Current positioning reduces their value and constitutional importance

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Significance and Importance of Fundamental Duties

1. Reminder of Citizen Obligations

• Reminds citizens that rights come with corresponding responsibilities

• Creates awareness that duties to the country, society, and fellow citizens must be fulfilled alongside rights

• Establishes a balance between individual freedoms and social responsibilities

2. Deterrent Against Anti-National Activities

Serves as a warning against:

• Anti-national activities (burning the national flag)

• Antisocial activities (destroying public property)

• Subversive elements and unconstitutional agitations

3. Source of Inspiration and Discipline

• Inspires citizens and promotes a sense of discipline and commitment

• Creates a feeling that citizens are not mere spectators but active participants in realizing national goals

• Strengthens democratic values and social cohesion

4. Aid in Constitutional Interpretation

Supreme Court Ruling (1992): In determining the constitutionality of any law, if a court finds that the law seeks to give effect to a fundamental duty, the court may consider such law to be ‘reasonable’ in relation to Article 14 (Equality Before Law) or Article 19 (Freedoms) and thus save the law from unconstitutionality.

• This principle enhances the interpretive value of duties in judicial review

5. Legal Enforceability

• Can be enforced by law through appropriate legislation passed by Parliament

• Allows for the imposition of penalties or punishments for failure to fulfill duties

• Creates a basis for legislative action to promote compliance

6. Democratic Balance

As articulated by then Prime Minister Indira Gandhi:

• Inclusion of duties would help strengthen democracy

• The moral value of fundamental duties is not to smother rights but to establish a democratic balance

• Makes people conscious of their duties equally as they are conscious of their rights

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Official Justification for Inclusion

H.R. Gokhale (Law Minister) Statement

“In post-independent India, particularly on the eve of emergency in June 1975, a section of the people showed no anxiety to fulfil their fundamental obligations of respecting the established legal order. The provisions of chapter on fundamental duties would have a sobering effect on these restless spirits who have had a host of anti-national subversive and unconstitutional agitations in the past.”

Indira Gandhi (Prime Minister) Statement

Argued that inclusion of fundamental duties would:

• Help strengthen democracy

• Establish a democratic balance by making people conscious of their duties equally as they are conscious of their rights

• Not smother rights but complement them with responsibilities

Recognition of Historical Necessity

The Congress Party declared the non-inclusion of fundamental duties in the original Constitution as a “historical mistake” and claimed that what the framers failed to do was being done through the 42nd Amendment Act.

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Post-Emergency Consensus

Initial Opposition

The Opposition in Parliament strongly opposed the inclusion of fundamental duties by the Congress Government, raising concerns about:

• State overreach

• Erosion of citizen freedoms

• Lack of confidence in people’s voluntary compliance

Validation Through Subsequent Government Action

The Janata Government (headed by Morarji Desai) in the post-emergency period:

• Did not annul the Fundamental Duties despite undoing many other 42nd Amendment provisions through the 43rd Amendment (1977) and 44th Amendment (1978)

• This demonstrated eventual consensus on the necessity of including Fundamental Duties

Strengthening Through 2002 Amendment

The addition of an 11th Fundamental Duty (education of children) in 2002 through the 86th Amendment Act further validated the importance and relevance of the fundamental duties concept.

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Legal Implementation of Fundamental Duties

Verma Committee Observations (1999)

The Verma Committee on Fundamental Duties of Citizens identified existing legal provisions that facilitate implementation:

1. Prevention of Insults to National Honour Act (1971)

• Prevents disrespect to the Constitution of India

• Protects the National Flag

• Protects the National Anthem

2. Criminal Laws – Communal Harmony

• Provide punishments for encouraging enmity between different sections of people on grounds of:

  • Language

  • Race

  • Place of birth

  • Religion

3. Protection of Civil Rights Act (1955)

• Provides punishments for offences related to caste and religion

• Addresses discrimination and violation of civil rights

4. Indian Penal Code (IPC)

• Declares imputations and assertions prejudicial to national integration as punishable offences

5. Unlawful Activities (Prevention) Act (1967)

• Provides for declaration of communal organizations as unlawful associations

• Prevents destabilization through organized communal activities

6. Representation of the People Act (1951)

• Disqualifies members of Parliament or state legislatures for:

  • Corrupt practices

  • Soliciting votes on grounds of religion

  • Promoting enmity between different sections of people on grounds of caste, race, language, or religion

7. Wildlife (Protection) Act (1972)

• Prohibits trade in rare and endangered species

• Protects biodiversity and natural environment

8. Forest (Conservation) Act (1980)

• Checks indiscriminate deforestation

• Prevents diversion of forest land for non-forest purposes

• Promotes environmental conservation

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Opposition Perspectives

C.K. Daphtary (Former Attorney General of India)

Opposed the inclusion on the grounds that:

• More than 99.9% of citizens were already law-abiding

• No need to tell people about their duties

• Satisfied and contented people willingly perform duties

• Inclusion implies that people are not content after 26 years, which reflects poorly on the state

A.K. Sen’s Critique

Argued that:

• Fundamental duties reduce democratic setup to a “harsh school master” scenario

• Instead of thriving on willing cooperation and confidence, the state resorts to command

• Though people created the Sovereign Democratic Republic, the state now acts as a master enjoining obedience

• Reflects a loss of state confidence in citizens

D.D. Chawla (President, National Forum of Lawyers and Legal Aid, Delhi)

Criticized the vague and abstract language:

• Duties should be spelled out in concrete form

• “Noble ideals” is ambiguous (could include various interpretations)

• “Rich heritage of composite culture” lacks clear definition

• “Scientific temper, humanism and spirit of inquiry and reform” are beyond comprehension of common people

• Duties should be worded to catch the imagination of the common man

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Key Distinctions

Fundamental Duties vs. Fundamental Rights

Fundamental Duties vs. Directive Principles of State Policy

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Summary of Important Points

Constitutional Evolution

• 1950: Original Constitution included only Fundamental Rights; duties not incorporated

• 1976: 42nd Amendment added Part IVA with ten Fundamental Duties following the Internal Emergency

• 2002: 86th Amendment added the 11th Fundamental Duty regarding child education

Legal Character

• Non-justiciable but enforceable through Parliamentary legislation

• Serve as interpretive aids in determining constitutional validity of laws

• Complement Fundamental Rights rather than restrict them

Practical Significance

• Establish democratic balance between rights and responsibilities

• Deter anti-national and antisocial activities

• Promote citizen participation in national development

• Inspire discipline and commitment to national goals

Implementation Framework

• Multiple existing laws implement various fundamental duties

• Parliament has discretion to create new legislation for enforcement

• Courts cannot directly enforce duties but can use them in constitutional interpretation

Critical Debate

• Supporters view them as essential for democratic discipline and balance

• Critics argue they are vague, non-enforceable, and superfluous

• Despite opposition, subsequent governments maintained and expanded the duties

• The 2002 addition of education duty shows continued relevance

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Questions for Self-Assessment

1. What was the historical reason for not including Fundamental Duties in the original Constitution?

2. Which committee recommended the inclusion of Fundamental Duties, and when?

3. Name the act and year in which Fundamental Duties were first added to the Constitution.

4. List all 11 Fundamental Duties as per Article 51A.

5. Distinguish between Fundamental Duties and Directive Principles of State Policy.

6. Explain the concept of “non-justiciable” in relation to Fundamental Duties.

7. How do courts use Fundamental Duties in determining constitutional validity of laws?

8. Analyze the criticisms leveled against the inclusion of Fundamental Duties.

9. Discuss the significance of Fundamental Duties in strengthening democracy.

10. Compare the approach to duties in the Indian Constitution with the USSR Constitution.

Indian Polity