Article 51(A) of the Indian Constitution describes 11 fundamental duties, 10 of which were added by virtue of the 42nd Constitution Amendment Act in 1976 on the recommendation of the Swaran Singh Committee, and Later on, by virtue of 86th Constitution the Amendment in the year 2002, 11th duty was added. The idea of Fundamental Duties has been borrowed from the Constitution of the erstwhile USSR and aims to impose “moral obligations” on all citizens in order to promote a spirit of patriotism and to uphold the unity of India. The fundamental duties serve as a reminder to citizens that while enjoying their rights, they have also to be quite conscious of duties they owe to their country, their society and to their fellow-citizens.However, like the Directive Principles, the duties are also non-justiciable in nature.
“The true source of rights is duty. If we all discharge our duties, right will not be far to seek. If leaving duties unperformed we run after rights, they will escape us like a will-o’-the-wisp. The more we pursue them, the farther they fly”- MAHATMA GANDHI
Origin and Evolution
- Enumerated in Part IV(A) and consist of single Art. 51 A with 11 sub-articles.
- Originally, Constitution incorporated the duties of the State (DPSPs) only and not for citizens.
- For the first time, need and necessity of duties was felt during the internal emergency (1975–1977).
- Added by 42nd CAA 1976, on recommendations of Swaran Singh committee (Committee recommended only Eight Duties, amendment added ten duties).
- In addition, one more duty added by 86th CAA 2002 – 51A(k) = Total 11 duties.
- Duties are non-enforceable, non-justiciable in nature, parliament can implement them with legislative enactments.
- Idea of Fundamental Duties inspired from USSR constitution (Now Russia).
- Duties are applicable only to citizens of India and do not extend to foreigners.
- Japanese Constitution is the only democratic constitution in the world with a list of duties of citizens.
- Interestingly, socialist countries accords equal importance to the fundamental rights and duties of their citizens.
- Duties are much inclusive and comprehensive in spirit – Cover women, environment, tolerance, education, unity and integrity of India, Nobel ideals of national movement among others.
Paying taxes (Recommended by Swaran Singh) and voting in elections are not included in Fundamental Duties. |
Notion of Duty Under Indian Constitution
- Since ancient times, “Dharma” as sense of duty has been integrated into Indian way of life.
- Inclusion of part IVA is constitutional endorsement of Indian way of life – tolerance, mutual respect, pluralism, dignity of women, inter alia.
- Rights and Duties are two sides of same coin – Integral, inseparable and correlative.
- Performance and observance of Duties would fulfil the promises of Part III and IV.
- Duties serves as warning and reminder against anti-social activities.
- Duties signifies and envisages citizen’s active role in process of nation building rather than mute spectator.
- The idea of this section was borrowed from USSR constitution
- Enumerated in Part IV(A) and consist of single Art. 51
- Fundamental duties like DPSP are non-justiciable
- Added by 42nd CAA 1976, on recommendations of Swaran Singh committee (Committee recommended only Eight Duties, amendment added ten duties)
- In addition, one more duty added by 86th CAA 2002 – 51A(k) = Total 11 duties.
- Japanese constitution is one of the other democratic nations which have a provision dealing with the duties of its citizens.
- FD apply only to citizens and DO NOT EXTEND TO FOREIGNERS
Fundamental Duties
- Fundamental Duties are regarded as the moral responsibility of all people to encourage patriotism and protect India’s unity.
- Article 51A of Part IV A of the Indian Constitution addresses the Fundamental Duties.
- The required Fundamental Duties represent some of the noblest values proclaimed by our great saints, philosophers, social reformers, and political leaders.
- At the time of its inception in 1950, India’s original constitution included no mention of citizen duties.
- Citizens’ Fundamental Duties were introduced to the Constitution by the 42nd Amendment in 1976, after the suggestions of the Swaran Singh Committee, which had been formed by the government earlier that year.
- The Fundamental Duties assist to manage citizens’ behaviour and achieve excellence in all aspects of citizens’ lives.
- There are two types of fundamental duties: Moral and civic duty
- Moral Duty: Upholding the great goals of the freedom fight
- Civic duty: Respect for the Constitution, the National Flag, and the National Anthem
- The Fundamental Duties of the Indian Constitution are modelled after the Constitution of the former Soviet Union.
- Notably, none of the Constitutions of major democratic countries such as the United States, Canada, France, Germany, Australia, and others include a list of citizens’ obligations.
The original Indian Constitution, which entered into force on January 26, 1950, did not mention of citizen duties & obligations. It was expected that the Indian citizens of free India would perform their duties willingly. However, things didn’t go as planned. Therefore, ten Fundamental Duties were added in Part IV-A of the Constitution under Article 51-A by virtue of the 42nd Constitution Amendment Act in 1976 on the recommendation of the Swaran Singh Committee. The fundamental duties are intended to serve as a constant reminder to every Indian citizen and enforce certain basic norms of democratic behavior due to the correlation between rights and duties.
- The idea of incorporating Fundamental Duties into the Indian constitution was inspired by the Russian Constitution (erstwhile Soviet Union).
- Originally, ten duties were added, and one more duty was added in 2002 by the 86th Constitutional Amendment Act.
- Article 51-A of the Constitution contains a list of all eleven duties (the sole Article in Part-IV-A).
List of 11 Fundamental Duties of India
S.No | 11 Fundamental Duties |
1. | Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the National Anthem |
2. | Cherish and follow the noble ideals that inspired the national struggle for freedom |
3. | Uphold and protect the sovereignty, unity and integrity of India |
4. | Defend the country and render national service when called upon to do so |
5. | 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 |
6. | Value and preserve the rich heritage of the country’s composite culture |
7. | Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures |
8. | Develop scientific temper, humanism and the spirit of inquiry and reform |
9. | Safeguard public property and to abjure violence |
10. | Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement |
11. | Provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002 |
Importance of Fundamental Duties In India
Fundamental Duties are important for ethical, social, and economic reasons. If a citizen performs his or her responsibilities, he or she has moral claims to his or her rights. Duties can help to sustain the environment and economic development. The importance of fundamental duties is as follows:
- They help in promoting the spirit of discipline and patriotism among the citizens. Additionally, they assist in achieving societal objectives by encouraging active citizen participation as opposed to the spectator.
- They help in reminding citizens of their fundamental obligations, despite the fact that they are entitled to all fundamental rights.
- They assist citizens in understanding that their rights and responsibilities are interconnected.
- They assist citizens in remembering their responsibilities in order to build a great nation.
- They inspire people, foster patriotic feelings, and instill a sense of commitment and discipline in them.
- They warn citizens against anti-social and anti-national activities by those who take pleasure in breaking the law, destroying public property, burning the Indian flag, or otherwise interfering with public peace.
- They assist the courts in examining and determining the constitutional validity of legislation in matters of public interest.
Scope of Fundamental duties
- Fundamental duties are obligatory in nature
- However, the constitution has no provision for direct enforcement of these responsibilities.
- There is also no consequence to prohibit their infringement. However, the following facts demonstrate the importance of fundamental duties:
- A person should equally respect his or her fundamental rights and obligations because, in any situation, if the court learns that a person who wants his or her rights to be enforced is careless about his or her duties, the court will not be lenient in his or her case.
- Any confusing legislation can be read using fundamental duties.
- If the legislation gives effect to any of the fundamental obligations, the court may find it reasonable. In this manner, the court can prevent such legislation from being deemed unconstitutional.
Features of Fundamental Duties Of India
The fundamental duties are derived primarily from Indian tradition, mythology, religions, and practices. Essentially, these were the duties that codified tasks essential to the Indian way of life. The following are some notable features of the Fundamental Duties:
- Fundamental duties can be classified into two: Civic Duty & Moral Duty
- Civic Duty: respecting the Constitution, the National Flag, and the National Anthem.
- Moral Duty: cherishing noble ideals of the freedom struggle.
- Fundamental Duties apply only to Indian citizens; they do not apply to foreigners, in contrast to fundamental rights, which apply to both citizens and foreigners.
- Fundamental Duties, like Directive Principles of State Policy (DPSP), are non-justiciable. It means that the failure of citizens to perform their fundamental duties is not punishable.
- They are in the nature of a code of conduct, and there is no legal sanction for them because they are nonjusticiable.
- However, they are subject to legal enforcement; parliament has the authority to pass laws punishing any violation of the Fundamental Duties.
- In February 2022, the Supreme Court issued a notice to the Centre and states in a writ petition seeking the enforcement of citizens’ fundamental duties as enshrined in the Indian Constitution.
Significance Of Fundamental Duties
- The significance of fundamental duties is that they define the moral obligations of all citizens to contribute to the promotion of patriotism and the preservation of India’s unity.
- Serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society, and their fellow citizens.
- Serve as a warning against anti national and antisocial activities.
- Serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them.
- Help the courts in examining and determining the constitutional validity of a law.
- They are enforceable by law. Hence, the Parliament can provide for the imposition of appropriate penalties or punishment for failure to fulfill any of them.