Evolution of Fundamental Duties
Initially, the Indian Constitution, adopted in 1950, emphasized Fundamental Rights but did not explicitly outline the duties of citizens. The Directive Principles of State Policy (DPSPs) addressed the duties of the State. However, the importance of citizens’ duties became evident over time.
Sardar Swaran Singh Committee (1976)
During the internal emergency (1975–1977), the Congress Party established the “Sardar Swaran Singh Committee” to recommend the inclusion of Fundamental Duties in the Constitution. The committee emphasized that citizens should recognize their responsibilities alongside their rights. Consequently, the 42nd Constitutional Amendment Act of 1976 introduced Part IV-A, adding Article 51A to the Constitution, enumerating ten Fundamental Duties.
Justice Verma Committee (1998)
In 1998, the Justice J.S. Verma Committee was constituted to suggest methods for operationalizing the Fundamental Duties. The committee recommended incorporating the duty to vote in elections and actively participate in the democratic process as a Fundamental Duty. It also advocated for the inclusion of a Fundamental Duty to promote harmony and the spirit of common brotherhood among all the people of India.
List of 11 Fundamental Duties (Article 51A)
Article 51A of the Indian Constitution enumerates the following Fundamental Duties:
- 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 among 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, and 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 endeavour and achievement.
- Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, a ward between the age of six and fourteen years. Constitution of India
Features of Fundamental Duties
- Moral and Civic Obligations: These duties encompass both moral and civic responsibilities, guiding citizens to uphold ethical standards and contribute positively to society.
- Non-Justiciable: Unlike Fundamental Rights, these duties are non-enforceable by courts. However, they serve as a guiding framework for the behavior of citizens.
- Applicable to Citizens: These duties are specifically applicable to Indian citizens, emphasizing their role in the nation’s democratic framework.
- Derived from Indian Traditions: Many of these duties are rooted in the rich cultural and ethical traditions of India, reflecting the nation’s values.
Importance of Fundamental Duties
- Balancing Rights and Responsibilities: As articulated by former Prime Minister Indira Gandhi, the moral value of Fundamental Duties lies in establishing a democratic balance by making individuals equally conscious of their duties as they are of their rights.
- Promoting Civic Consciousness: These duties serve as a reminder to citizens that while enjoying their rights, they also have obligations towards their country, society, and fellow citizens.
- Encouraging National Integrity: By promoting unity, integrity, and respect for national symbols, these duties foster a sense of belonging and patriotism among citizens.
- Environmental Stewardship: The duty to protect and improve the natural environment encourages citizens to engage in sustainable practices and conservation efforts.
- Educational Responsibility: The duty to provide education to children emphasizes the importance of education in nation-building and individual empowerment.
Relationship Between Fundamental Rights and Duties
The Constitution of India not only guarantees Fundamental Rights but also outlines Fundamental Duties. While Fundamental Rights were introduced earlier and are legally enforceable, Fundamental Duties were established through the 42nd Amendment in 1976.
Complementary Nature
The correlation between Article 21 (Right to Education) and Article 51A (k) (Duty of parents to provide education) highlights the complementary differentiation between fundamental duties and rights. Article 21 guarantees the right to education, while Article 51A (k) imposes the duty on parents and guardians to provide free and compulsory education for children aged 6-14 years.
Neglecting Fundamental Duties
Individuals often concentrate on their rights while ignoring their duties. In the name of the right to free speech, people sometimes incite violence and spread fake news, but this contradicts the duty to maintain social harmony and unity. Political leaders and religious divisions also undermine the duty to protect the sovereignty, unity, and integrity of the country.
Several landmark judgments have highlighted the significance of Fundamental Duties:
- Chandra Bhavan Boarding and Lodging vs State of Mysore (1969): The Court upheld legislation imposing minimum wages for hotel and restaurant employees, emphasizing the importance of social welfare.
- Balaji Raghavan vs Union of India (1995): The Court upheld the constitutional validity of National Awards, stating that they recognize merit and incentivize citizens to strive for excellence.
- M.C. Mehta vs Kamal Nath II (2000): The Court invalidated a lease in an ecologically sensitive area and imposed fines for harming the environment, highlighting the duty to protect it.
- Shri Ranganath Mishra vs Union Of India (2003): The Court directed the implementation of recommendations to disseminate information on Fundamental Duties, including the duty to vote in elections.
- In Re Ramlila Maidan Incident vs Home Secretary (2012): The Court criticized unreasonable eviction from Ramlila Maidan, emphasized the duty to obey lawful orders, and safeguard public property.
Justice Verma Committee on Fundamental Duties
The committee was formed in 1998 in response to the need for an effective plan for the enforcement of Fundamental Duties, with the goal of instilling a sense of responsibility and civic consciousness in individuals from an early age. The committee acknowledged the non-operationalization of Fundamental Duties and sought to address it by focusing on implementation strategies.
The following laws were identified by the committee for the enforcement of some of the Fundamental Duties:
- Prevention of Insults to National Honour Act, 1971: Disrespecting the National flag, the Constitution of India, and the National Anthem is deemed unlawful under this act, ensuring the honour and respect for national symbols.
- Protection of Civil Rights Act, 1955: This act provides legal provisions and punishments for offences related to caste and religion, safeguarding civil rights and promoting equality.
- Representation of the People Act, 1951: Members of Parliament or state legislatures indulging in corrupt practices, such as seeking votes in the name of religion, can be held accountable under this act, ensuring ethical conduct in elections.
- Wildlife (Protection) Act, 1972: This act protects and regulates trade concerning rare and endangered animals, promoting conservation efforts and preserving biodiversity.
- Forest (Conservation) Act, 1980: Implemented to ensure the proper implementation of Article 51A(g), this act focuses on the conservation of forests, their resources, and sustainable environmental practices.
Conclusion
The inclusion of Fundamental Duties in the Indian Constitution underscores the importance of citizens’ responsibilities in maintaining a balanced and harmonious society. While these duties are non-justiciable, they serve as moral imperatives guiding citizens towards contributing positively to the nation’s growth and unity. The efforts of committees like the Swaran Singh and Verma Committees have been instrumental in emphasizing the need for civic consciousness and the operationalization of these duties.
Prelims Practice Questions (MCQs)
Q1. Which Constitutional Amendment introduced Fundamental Duties in India?
Answer: B
The 42nd Constitutional Amendment Act, 1976 inserted Part IV-A (Article 51A).
Q2. Article 51A of the Indian Constitution deals with:
Answer: B
Q3. How many Fundamental Duties were initially recommended by the Swaran Singh Committee?
Answer: B
The committee suggested eight duties; the 42nd Amendment finally added ten, later becoming eleven.
Q4. Which of the following duties was added through the 86th Constitutional Amendment (2002)?
Answer: B
Article 51A(k) was inserted by the 86th Amendment, 2002.
Q5. Fundamental Duties are:
Answer: B
They are moral–civic obligations; however, specific statutes may operationalize them.
Q6. Which Supreme Court case emphasized the duty to protect environment?
Answer: B
Q7. Which law enforces respect for National Symbols as a Fundamental Duty?
Answer: B
Q8. Which Fundamental Duty is directly related to the duty to provide free and compulsory education to children?
Answer: B
Q9. The duty to develop scientific temper, humanism, and the spirit of inquiry is under which Article?
Answer: A
Q10. Which committee suggested operationalization of Fundamental Duties through civic consciousness programs?
Answer: B
Mains Practice Questions (Descriptive)
Q1. Explain the evolution of Fundamental Duties in India. Highlight the role of the Swaran Singh Committee and the 42nd Constitutional Amendment.
Q2. Discuss Article 51A of the Constitution in detail. Explain all 11 Fundamental Duties with examples of how they can be observed in daily life.
Q3. Examine the relationship between Fundamental Rights and Fundamental Duties. Can Fundamental Duties serve as a check on misuse of Fundamental Rights? Give examples.
Q4. Critically analyse the importance and limitations of Fundamental Duties in India. How can they be made more effective in promoting civic responsibility?
Q5. “Fundamental Duties are non-justiciable but play a vital role in strengthening democracy.” Elaborate with suitable Supreme Court judgements and laws enacted for their enforcement.
Q6. Discuss the role of Parliament and judiciary in enforcing or operationalizing Fundamental Duties in India.
Q7. How do Fundamental Duties contribute to national integration, environmental protection, and scientific temper? Illustrate with examples.
Q8. Evaluate the significance of Article 51A(k) in ensuring right to education for children aged 6–14 years. How does it complement Article 21A?
Q9. Examine the Supreme Court’s interpretation of Fundamental Duties in environmental protection (M.C. Mehta vs Kamal Nath) and public property protection (In Re Ramlila Maidan Incident).
Q10. Critically discuss the role of committees like the Justice Verma Committee in popularising Fundamental Duties and promoting civic awareness among citizens.
Fundamental Duties in Indian Polity – UPSC FAQ Guide
What are Fundamental Duties?
Moral–civic obligations in Part IV-A (Article 51A) guiding citizen conduct; non-justiciable but persuasive.
How many Fundamental Duties are there?
11 duties (a–k); the education duty 51A(k) made it eleven via the 86th Amendment (2002).
Which amendment added Fundamental Duties?
The 42nd Amendment (1976)—based on the Swaran Singh Committee—inserted Part IV-A / Article 51A.
Are Fundamental Duties legally enforceable?
Not directly; aspects operate through laws (e.g., National Honour Act 1971, Wildlife Act 1972, Forest Act 1980).
How do Fundamental Rights differ from Duties?
Rights (Part III) are justiciable claims; Duties (Part IV-A) are non-justiciable obligations—they complement (e.g., 21-A ↔ 51A(k)).
