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Subject: Polity

Topic: Fundamental Duties

Part IVA of the Constitution relating to Fundamental Duties was inserted in the Constitution via  the Constitution (Forty-second Amendment) Act, 1976 in accordance with the recommendations of the Swaran Singh Committee appointed by the Congress President to review the Constitution. This Part contains only one article, namely article 51A containing 11 Fundamental Duties.If Directive principles are duties of the State,FDs are duties of the citizens.Originally there were only 10 FDs.11th was added in 2002 by 86th Constitutional Amendment Act to implement the  Right to Education.The FDs are inspired from the USSR Constitution.None of the major democracies of the world specifically contain a list of duties for the citizens except japan.The Socialist countries give equal importance to rights as  well as duties.

The FDs are as under:

Article .51A. 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 the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e) 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;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to 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 to abjure violence;

(j) 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.

(k) 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 and fourteen years” (added by the 86th Amendment Act).

The FDs are non-justiciable that is, citizens can not be forced to observe them. Some of them, are however a part of the enforceable law. For example, Prevention of Insults to National honour Act, 1971 and so on.
However, if a citizen violates FDs, his FRs may not be restored when he approaches courts.

Features of Fundamental  Duties

1. Some of them are moral duties while other are civic duties.eg. Moral -Renounce practices derogatory to women.Civic-to safeguard public property.
2. They refer to such values which have been part of Indian culture.They are just codification of tasks integral to Indian way of life.It is also one of the criticisms of FDs.
3. FDs are meant only for citizens & not for foreigners unlike FRs.A few of FRs are available to both.
4. They are non justiciable.They can not  be enforced by courts.However Parliament can enforce them with suitable legislation.

Criticism of FDs

       1) The list is not exhaustive.It doesnt include some other important duties like paying tax.

       2) Some of them are vague & difficult to understand.eg. to develop scientific temper.

       3) They are just moral preachings as they are non justiciable.

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