Fundamental Duties

The Fundamental Duties were added to the Indian Constitution with the 42nd Amendment of 1976 on the recommendations of the Swaran Singh Committee. They were inspired from the Constitution of the erstwhile USSR. Fundamental Duties were included to make the citizens aware of their duties in line with the Constitution to balance the Fundamental Rights that are available to them. Initially there were only Ten fundamental duties in the Indian Constitution. However, in 2002 with the 86th Constitutional Amendment Act, one more fundamental duty was added for elementary education, increasing the number to Eleven.

Origins: The idea of Kartavya or Duties in India, has ancient historic origins in Bhagavad Gita when Lord Krishna reminds Arjun of his “Kartavya” to ignite his fighting spirit.

However, the original Constitution only contained Fundamental Rights and not Fundamental Duties; they were added on the recommendations of the Swaran Singh Committee by the 42nd Constitutional Amendment Act of 1976.

Borrowed Concept: The concept of Fundamental Duties is borrowed from the Soviet Constitution of the USSR (now Russia). Till India adopted the concept of Fundamental Duties, Japan was the only democracy in the world to have Fundamental Duties.

Sardar Swaran Singh Committee: In 1976, the Committee was set up by the government in light of the Emergency (1975 - 1977)

• Objective of the Committee: Inclusion of 8 Fundamental Duties in a separate chapter, to make citizens of India become conscious of their duties.
• Implementation: Part IVA was inserted, which consisted of only ONE article (Article 51A) with 10 duties for the citizens of India.
• Recommendations not accepted: Swaran Singh Committee had made certain recommendations which were not accepted, those included: a) provision for imposition of penalty for refusal to observe any of the duties; b) a duty to pay the taxes; and c) no law imposing a penalty could be challenged in Court.

A Fundamental Duty are guidelines for actions of Indian citizens given in Article 51A, Part IVA of the Constitution. There are a total of 11 fundamental duties. They are not binding but can be made enforceable by a separate law.

• Remind citizens that rights and duties go together.
• Give directions to not harm other citizens or do anti-social activities like defacing the National Flag;
• Enforceable through legislation
• Create a sense of participation in nation building by the citizens

the Indian Constitution under Article 51A describes the Fundamental Duties, which require every citizen to:

1. Follow and respect the Constitution, its ideals and institutions and as well as the National Flag and the National anthem (Clause a)
2. Embrace and uphold the noble ideals that inspired our national freedom struggle (Clause b)
3. Protect the sovereignty, unity and integrity of India (Clause c)
4. Defend the country and fulfil national service obligations when required (Clause d)
5. Foster harmony and a sense of common brotherhood among all the Indians, irrespective of their religion, language or regional differences and to reject all the practices that degrade women (Clause e)
6. Value and preserve cultural heritage (Clause f)
7. Contribute to the protection and improvement of the natural environment like forests, lakes, rivers and wildlife. Show compassion to all living creatures (Clause g)
8. Develop a scientific temper, humanism and a spirit of inquiry and reform (Clause h)
9. Safeguard public property and renounce violence (Clause i)
10. Strive for excellence in all individual and collective endeavours to elevate the nation's achievements continually (Clause j)
11. Parents or guardians, are required to provide opportunities for education to their child or ward who is between the age of Six to Fourteen years (Clause k)

meaning that they cannot be enforced in any Court of law. Swaran Singh Committee had recommended making the Fundamental Duties penal in nature, the then Government decided not to implement that, due to which Fundamental Duties are criticised as being superficial.

The Union Government in 1999 established a committee under the chairmanship of Justice J S Verma

• Objective: to examine operational aspects of the Fundamental Duties and recommend steps which can teach and educate people about the need to obey Fundamental Duties.
• Recommendations of the Verma Committee:
  1. Fundamental Duties will raise standards of public life. Hence, everyone should promote and obey these duties;
  2. Public office holders should only serve the public interest rather than individual interest;
  3. Integrity should be the main principle of Public Office and the holders of Public Office should be accountable for their decisions and actions to the public

1. The Representation of People Act,1951: Membership of any member of the Indian Parliament or State Legislatures can be rejected if he or she is found to be involved in corrupt activities;
2. The Unlawful Activities Protection Act, 1967: Organisations causing instability or engaged in unlawful activities operating within the national boundaries of the country are banned.
3. The Protection of Civil Rights Act, 1955 and The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: People who preach and practice untouchability must be punished in accordance with the Act.
4. The Wildlife Protection Act, 1972: It aims at protecting and preserving rare animals, birds and plants.
5. The Prevention of Insults to National Honour Act, 1971: By this Act insult and disrespect to the national anthem, flag, and the Constitution have been firmly prohibited.
6. The Forest Conservation Act, 1980: The Act strongly prohibits the destruction of natural forest keeping in mind its increasing degradation. It also prohibits the diversion of forest for other human activities.

The UDHR adopted by the United Nations in 1948 identifies certain inalienable rights for all human beings. UDHR acknowledges that exercising rights comes with limitations to respect the rights of others. Article 29(1) of the UDHR emphasizes the responsibility individuals have towards their community. This aligns with the concept of Fundamental Duties which outline the responsibilities of citizens for a well-functioning society.

1. Valuable Guide: In AIIMS Student Union Case (2001), the Court held that though the Fundamental Duties are not enforceable by a writ (under Article 32) yet they provide a valuable guide and aid the interpretation of the Constitution.
2. Motivate Citizens: In Dr. Dasarathi Case (1985) the Court observed that all the citizens of India are required to strive towards excellence in all the spheres of Individual and collective activity.

Rights can only be enjoyed if there are corresponding duties with them. This is the reason why Fundamental Duties were added to the Constitution by the 42nd Amendment Act, 1976. Ancient Indian texts recognised this idea as ‘Maulik Kartavya’ of the people. Since India is a Parliamentary Democracy, it means that our popular representatives should also observe these fundamental duties in discharge of their functions on behalf of their voters.

The inclusion of 11 Fundamental Duties in Part IVA, Article 51A represents the responsibilities of the Indian citizen. However, these are not directly binding. Similar to the enforceability of Directive Principles of State Policy, Fundamental Duties can be made legally binding through specific laws. This has been implemented through Acts like the Prevention of Insults to National Honour Act, providing legal backing to Article 51A (a), which emphasises respecting Constitutional ideals, the national flag, and the national anthem.

India is a vibrant pluralistic democracy which is based on values of tolerance and upholding the Constitutional values which represent ideals of our freedom fighters. We need to hold these values dear and practice them to ensure continued success and growth of not just our economy but also our society.