Fundamental Duties

Notes

Fundamental Duties are in Part IVA, Art. 51A. They were added by the 42nd Amendment Act, 1976 on the recommendation of the Swaran Singh Committee (1976), during the Emergency. The original list had 10 duties; the 11th was added by the 86th Amendment, 2002. The idea is borrowed from the Constitution of the USSR. They apply to citizens only and are non-justiciable.

The 11 Fundamental Duties: it shall be the duty of every citizen of India:

(a) To abide by the Constitution and respect its ideals and institutions, the National Flag and National Anthem.
(b) To cherish and follow the noble ideals of the freedom struggle.
(c) To uphold and protect the sovereignty, unity and integrity of India.
(d) To defend the country and render national service when called upon.
(e) To promote harmony and the spirit of common brotherhood, transcending religious, linguistic and regional diversities; to renounce practices derogatory to the dignity of women.
(f) To value and preserve the rich heritage of our composite culture.
(g) To protect and improve the natural environment and have compassion for living creatures.
(h) To develop the scientific temper, humanism and the spirit of inquiry and reform.
(i) To safeguard public property and abjure violence.
(j) To strive towards excellence in individual and collective activity.
(k) Parent or guardian to provide opportunities for education to their child or ward between six and fourteen years (86th Amendment, 2002).

Swaran Singh Committee: recommended 8 duties and also suggested penalties for non-compliance, which the government did not accept. It also recommended that Parliament decide the punishment.

Important points

Verma Committee (1999): the Committee on Operationalisation of Fundamental Duties identified existing laws: Prevention of Insults to National Honour Act, 1971 (disrespect to the flag, Constitution, anthem); Protection of Civil Rights Act 1955; Unlawful Activities (Prevention) Act; Prevention of Damage to Public Property Act, 1984.
Courts: AIIMS Students' Union v AIIMS (2001): duties are not enforceable by writ but are binding in a moral sense and are relevant in judging the reasonableness of restrictions. Animal Welfare Board v A. Nagaraja (2014): invoked Art. 51A(g) on compassion for animals. Bijoe Emmanuel (1986): national anthem and religious belief. In M.C. Mehta, Art. 51A(g) supported environmental protection.
Duties are not a precondition for rights; no direct penalty exists in the Constitution.
Gandhi: rights flow from duty well done.

Key Points

Part IVA, Art. 51A; 42nd Amendment (1976); Swaran Singh Committee.
10 originally; the 11th (education duty) by the 86th Amendment (2002).
Citizens only; non-justiciable; no penalty in the Constitution.
Verma Committee (1999) on enforcement of duties.
Duties help courts interpret statutes and test reasonableness of restrictions.

MCQs

Q1. The Fundamental Duties were incorporated into the Constitution on the recommendation of:

(a) Sarkaria Commission

(b) Swaran Singh Committee

(d) Ashok Mehta Committee

Ans: (b).

Q2. The 11th Fundamental Duty (education of children aged 6-14) was added by:

(a) 42nd Amendment

(b) 44th Amendment

(d) 97th Amendment

Ans: (c). 2002.

Q3. Fundamental Duties are:

(a) Justiciable and for all persons

(b) Non-justiciable and applicable to citizens

(d) Non-justiciable and for all persons

Ans: (b).