Fundamental Duties

Fundamental Duties of indian constitution

What are Fundamental Duties?

When we talk about rights in India, most people quickly think of the Fundamental Rights – like the Right to Equality or the Right to Freedom. But did you know that just like we have rights, we also have duties towards our country? These duties are known as the Fundamental Duties, and they form an essential part of our Constitutional Morality – the ethical code every citizen is expected to follow for the nation’s well-being.

Historical Background

When the Constitution of India was adopted, there was no mention of Fundamental Duties. The government began to feel the need for codifying citizens’ responsibilities to promote a disciplined and duty-conscious society. Thus, a committee was constituted in 1976 under the chairmanship of Justice Swaran Singh famously called as the Sardar Swaran Singh Committee.

The committee recommended 8 Fundamental Duties and a separate part in the Indian Constitution. The recommendations were accepted with little variation and enacted the 42nd Constitutional Amendment Act in 1976, which added a new part (Part IVA) with only a single Article-51A to the Constitution having 10 Fundamental Duties.

The 11th fundamental duty i.e. to provide opportunities for education to his child or ward between the ages of six and fourteen years was added by the 86th Constitutional Amendment Act of 2002.

List of Fundamental Duties

The 11 Fundamental Duties are mentioned in the Article-51A, Part- IV-A of the Indian Constitution. The Fundamental Duties are as mentioned below:

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 a 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, and
To provide opportunities for education to his child or ward between the age of six and fourteen years (added by the 86th Constitutional Amendment Act of 2002).

Features of Fundamental Duties

Key features of the Fundamental Duties are:

Non-Justiciable: Just like Directive Principles of State Policy (DPSP), they are not enforceable by courts, meaning you cannot be punished directly for not following them.
Applies only to Citizens: Fundamental Rights are available to all the individuals including foreigners with some exceptions but fundamental duties are for the citizens of India.
Moral Obligation: They are meant to inspire citizens to do their part in nation-building. The duties act as a guide to imbibe the noble ideas of the freedom struggle and basic civic duty.
Reflect National Values: They aim to instill values like patriotism, unity, environmental care, scientific thinking, etc. which are deeply rooted in the Indian traditions.

Importance of Fundamental Duties

Balances Rights with Responsibilities: They remind citizens that while the State guarantees rights, it also expects responsible behavior towards country and fellow citizens.
Promotes National Unity: By emphasizing duties like protecting unity and integrity, embracing brotherhood, they help strengthen national integration.
Supports Law and Order: Duties like respecting the Constitution, safeguarding public property and renouncing violence contribute to a more law-abiding society.
Encourages progressive mindset: By embracing the duties like developing scientific temper and spirit of inquiry, striving towards excellence, achievements and renouncing the practices affecting the dignity of women, they encourage for the development of a progressive mindset.
Fosters Patriotism: Encourages a sense of pride, respect, and active contribution to national life.
Environmental Protection: One duty specifically talks about safeguarding natural environment and compassion for living creatures becomes relevant today than ever before.

Fundamental Duties Vs Fundamental Rights

Even though there is a major difference in Justiciability of Fundamental rights (Justiciable) and Fundamental duties (Non-justiciable), Fundamental Duties and Fundamental Rights are complementary in nature. The Fundamental Rights enshrined in Part III of the Indian Constitution ensure freedom and protection of individuals from state actions. Whereas, Fundamental Duties enshrined in Part IVA – Article 51A remind citizens to use those rights responsibly and to contribute positively to the nation. For example:

You have the Right to Freedom of Speech (Article 19), but the Duty to respect the sovereignty and integrity of India.
You have the Right to protection of life and personal liberty (Article 21), but the Duty to renounce practices derogatory to the dignity of women.
You have the Right to Education (Article 21A), and also a Duty to educate your child (Article 51A(k)).

Criticism of Fundamental Duties

While the intention behind Fundamental Duties is noble, they have faced some criticisms:

Lack of Legal Backing: Since they are not enforceable, many people ignore them rendering them ineffective.
Too Vague or Broad: Some duties are written in a general way, making them difficult to interpret. For example noble ideas, composite culture, etc
No Fresh update: Some of the important duties such as casting votes, paying taxes, etc are not included in the list.
Citizens Not Fully Aware: Many people are unaware of what these duties are.

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