Fundamental Duties

Origin and Inspiration

• The original constitution contained only Fundamental Rights.
• Fundamental Duties were added in 1976 and one more in 2002.
• Inspired by the Constitution of erstwhile USSR.
• Notably, major democratic countries like USA, Canada, France, Germany, and Australia do not have a specific list of duties.
• The Japanese Constitution is perhaps the only exception.

Swaran Singh Committee Recommendations

• Set up in 1976 by the Congress Party during the internal emergency (1975-1977).
• Recommended a separate chapter on Fundamental Duties.
• 42nd Constitutional Amendment Act in 1976 incorporated these recommendations, adding Part IVA (Article 51A) to the Constitution, listing ten duties.
• The Committee suggested 8, but the Act included 10.
• Some recommendations were not accepted, including:
  • Parliament imposing penalties for non-compliance.
  • Laws imposing penalties not being questioned in court.
  • Duty to pay taxes.

List of Fundamental Duties (Article 51A)

• 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 the 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 amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women.
• To value and preserve the rich heritage of the country'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 endeavour and achievement.
• To provide opportunities for education to his/her child or ward between the age of six and fourteen years (added by the 86th Constitutional Amendment Act, 2002).

Features of Fundamental Duties

• Some are moral duties, others are civic duties.
• Reflect values from Indian tradition, mythology, religions, and practices.
• Confined to citizens only; do not extend to foreigners.
• Non-justiciable; not directly enforceable by courts, but Parliament can legislate to enforce them.

Criticism

• The list is not exhaustive.
• Some duties are vague, ambiguous, and difficult to understand.
• Seen as moral precepts due to non-justiciability.
• Their inclusion was described as superfluous.
• Inclusion as an appendage to Part IV has reduced their value.

Significance

• Serve as a reminder of duties alongside rights.
• Warning against anti-national and antisocial activities.
• Source of inspiration, promoting discipline and commitment.
• Help courts determine the constitutional validity of laws.
• Demonstrates a common thread through Parts III, IV, and IVA of the Constitution.

Verma Committee Observations (1999)

Identified existing legal provisions for implementation:

Act	Purpose
Prevention of Insults to National Honour Act (1971)	Prevents disrespect to the Constitution, National Flag, and National Anthem.
Criminal Laws	Punishments for encouraging enmity between sections of people based on language, race, place of birth, religion, etc.
Protection of Civil Rights Act (1955)	Punishments for offences related to caste and religion.
Indian Penal Code (IPC)	Declares imputations and assertions prejudicial to national integration as punishable offences.
Unlawful Activities (Prevention) Act of 1967	Allows for the declaration of a communal organization as unlawful.
Representation of People Act (1951)	Disqualifies members of Parliament or state legislatures for corrupt practices, such as soliciting votes on the ground of religion or promoting enmity between different sections of people based on caste.
Wildlife (Protection) Act of 1972	Prohibits trade in rare and endangered species.
Forest (Conservation) Act of 1980	Checks indiscriminate deforestation and diversion of forest land.