Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India and concern the individuals and the nation. They are included in Part IVA Article 51 A of the Constitution. They are not enforceable by the law. Originally, the Constitution of India did not contain these duties. Fundamental duties were added by 42nd and 86th Constitutional Amendment acts. The Swaran Singh Committee formulated the list of fundamental duties.
Need of Fundamental duties:
India is a country of diversity, where people belonging to different castes, creed, religion, beliefs, sects etc. live together. There is diversity in language also. In order to maintain harmony and peace and to encourage the feeling of brotherhood and oneness among the citizen the Fundamental Duties are specified. They on their part play a vital role in upholding and protecting the sovereignty, unity and integrity of our country. It reminds the citizens that rights and duties go hand in hand.
Sources of Fundamental Duties:
No
Constitution of Western Countries specifically provide for the duties and obligations
of citizens. India borrowed the concept of
Fundamental Duties from the USSR. Constitutions of
socialist countries lay great emphasis on the duties of
citizens. We
also find certain duties of the citizens in the Japanese Constitution.
Swaran Singh Committee:
Sardar Swaran Singh committee was constituted by Indira Gandhi soon after emergency was imposed in the country. The objective of this committee was to study the question of amending the constitution in the light of past experiences and recommend the amendments. The 42nd amendment act which is also called “Mini Constitution” which amended many articles and even the Preamble was a result of the recommendations of Sardar Swaran Singh committee.
Objective of Fundamental Duties:
Besides fundamental rights, the citizen also is required to observe certain basic norms of democratic conduct and democratic behaviour. While Constitution confers certain fundamental rights on the citizens it also gives power to State to impose reasonable restrictions on these rights. The rights guaranteed by the Constitution are available to the citizens only when they fulfil their duties. This is implicit in the provisions of our Constitution
Fundamental Duties:
- According to the constitution, following are the duties to be followed by every citizen of India
- 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 which inspired our 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; to renounce practices derogatory to the dignity of women.
- To value and preserve the rich heritage of our composite culture.
- To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures.
- To develop the 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 endeavor and achievement.
- Who is a parent or guardian, to provide opportunities for education to his child, or as the case may be, ward between the age of six to fourteen years.
- According to the 86th constitutional amendment in 2002, it is the duty of the people of India to adapt to make India a safer place to live, to be clean and make the surrounding clean and not to hurt anybody physically and mentally.
Important Facts About Fundamental Duties:
- Fundamental duties are applicable only to citizens and not to the aliens.
- The inclusion of Fundamental Duties brought our Constitution in line with article 29 (1) of the Universal Declaration of Human Rights and with provisions in several modern Constitutions of other countries.
- Out of the ten clauses in article 51A, six are positive duties and the other five are negative duties. Clauses (b), (d), (f), (h), (j) and (k) require the citizens to perform these Fundamental Duties actively.
- It is suggested that a few more Fundamental Duties, namely, duty to vote in an election, duty to pay taxes and duty to resist injustice may be added in due course to article 51A in Part IVA of the Constitution.
Enforcement of Fundamental Duties by Special Legal Provisions:
It is no longer correct to say that Fundamental Duties enshrined in article 51A are not enforceable to ensure their implementation and are a mere reminder. Fundamental Duties have the element of compulsion regarding compliance.
In order to ensure that no disrespect is shown to the National Flag, Constitution of India and the National anthem, the Prevention of Insults to National Honour Act, 1971 was enacted. The Emblems and Names (Prevention of Improper Use) Act 1950 was enacted soon after independence, inter alia, to prevent improper use of the National Flag and the National Anthem.
Writings, speeches, gestures, activities, exercise, drills, etc. aimed at creating a feeling of insecurity or ill-will among the members of other communities, etc. have been prohibited under Section 153A of the Indian Penal Code (IPC).
Imputations and assertions prejudicial to the national integration constitute a punishable offence under Section 153 B of the IPC.
A Communal organization can be declared unlawful association under the provisions of Unlawful Activities (Prevention) Act 1967.
Offences related to religion are covered in Sections 295-298 of the IPC (Chapter XV).
Provisions of the Protection of Civil Rights Act, 1955 (earlier the Untouchability (Offences) Act 1955).
The Relationship Between the Fundamental Rights, Directive Principles and Fundamental Duties
Directive Principles have been used to uphold the Constitutional validity of legislation in case of conflict with Fundamental Rights. According to the amendment of 1971, any law that even though it deviates from the Fundamental Rights, but has been made to give effect to the Directive Principles in Article 39(b)(c) would not be deemed invalid.
The Fundamental Duties will be held obligatory for all citizens subject to the State enforcing the same by means of a valid law.
As the directive principles are addressed to the state, the fundamental duties are addressed to the Citizens.
The citizens enjoying the fundamental rights must respect the ideals of the constitution, to promote harmony and spirit of the brotherhood.