11 Fundamental Duties Under Constitution Of India

The Fundamental Duties are a key aspect of the Indian Constitution, representing the high ideals championed by India’s esteemed leaders, jurists and philosophers. It serve as a moral compass, guiding citizens to uphold the nation’s values and ideals. These are the moral as well as civic obligations or duties that citizens should fulfill. However, the Indian Constitution does not establish a mechanism for enforcing these Fundamental Duties. Unlike the Fundamental Rights, the Constitution does not empower courts to issue writs or take punitive action against individuals who violate these duties, nor does it provide any legal recourse to prevent such violations.

Fundamental Duties

The 42nd Amendment, passed in 1976, added 10 Fundamental Duties to the Indian Constitution based on the suggestions of the Swaran Singh Committee. The 86th Amendment, implemented in 2002, added the 11th Fundamental Duty to the Constitution.

Article 51A outlines the fundamental responsibilities of every Indian citizen, emphasizing their role in upholding the country’s values and principles.

1. To uphold the Constitution, honour its principles and institutions, and show respect for the National Flag and National Anthem, symbolizing loyalty and devotion to the nation.

2. To hold and emulate the lofty principles that motivated India’s fight for independence, preserving the spirit of patriotism and selflessness that shaped the nation’s history.

3. To safeguard and defend India’s sovereignty, unity, and territorial integrity, ensuring the country’s stability, security, and prosperity.

4. To protect the nation from harm and serve the country whenever duty calls, demonstrating patriotism and a willingness to contribute to the national well-being.

5. To foster a sense of unity, harmony, and shared humanity among all Indians, regardless of their religious, linguistic, or regional backgrounds, and to reject practices that undermine the dignity and respect of women.

6. To cherish, honour, and safeguard India’s diverse and rich cultural legacy.

7. To safeguard and enhance India’s natural resources, including forests, waterways, and wildlife, while fostering a culture of compassion and empathy towards all living beings.

8. To cultivate a rational and scientific mindset, promote human values, and encourage a spirit of curiosity, innovation, and progressive reform.

9. To safeguard public property and to abjure violence.

10. To pursue excellence in every aspect of personal and collective endeavors, driving the nation to continually elevate its aspirations, efforts, and accomplishments.

11. To ensure that, as a parent or guardian, every child between the ages of six and fourteen receives access to educational opportunities.

Swaran Singh Committee

In 1976, a committee chaired by Swaran Singh was established to assess the Constitution’s functioning and suggest modifications. The Swaran Singh Committee proposed eight Fundamental Duties, but the government decided to incorporate ten. Three of the committee’s recommendations were not accepted by the government.

Unaccepted Recommendations:

• Duty to pay taxes.

• The Parliament has the authority to establish penalties for failing to fulfill the responsibilities outlined.

• Legislation that prescribes penalties for failing to fulfill Fundamental Duties would be exempt from judicial scrutiny for potentially infringing upon Fundamental Rights, thereby ensuring that such laws are shielded from legal challenges.

Verma Committee

The Verma Committee on the Fundamental Duties of Citizens was established in 1999, chaired by Justice J S Verma, to assess the existence of legal provisions for enforcing specific Fundamental Duties. The Committee proposed the following measures to foster awareness and comprehension.

• Emphasize the importance of Fundamental Duties in enhancing citizen’s roles in society, motivating individuals to embrace and uphold these responsibilities.

• Public officials must put the needs of the public above their own personal interests, avoiding self-serving actions and favouritism.

• Public offices should be managed with integrity as the core principle, ensuring transparency, honesty, and moral uprightness in all decision-making processes.

• Holders of public office must take responsibility for their decisions and actions, being answerable to the public for their performance and conduct.

• Effective leadership is essential, as public officeholders must not only uphold but also actively demonstrate and promote these principles, setting a positive example for others through their leadership abilities.

• Verma committee recommended including Fundamental Duties in school curriculum.

•  Make voting in elections a Fundamental Duty.

Characteristics of Fundamental Duties

• Concept borrowed from USSR constitution.

• Fundamental Duties are not enforceable by law.

• Fundamental duties serve as moral guidelines for civic behavior to promote discipline and commitment to the nation.

• Parliament can impose penalties for failing to follow Fundamental Duties. Flag Code of India is an example.

• Fundamental duties reflect and reinforce constitutional principles.

• Duty to protect and improve the natural environment, encompassing water bodies and ecosystems such as forests, lakes, and rivers.

• Motivate citizens to contribute enthusiastically to the country’s progress and take pride in their national identity.

• Fundamental duties represent traditional Indian values like tolerance, peace, and communal harmony.

• Fundamental duties guide the state in formulating policies that reflect the fundamental values of the Constitution.

• Promote equality among citizens.

• Aid in gaining a clearer understanding of fundamental rights.

• Only applicable to Indian citizens.

• They facilitate the attainment of national objectives by encouraging citizens to take an active role, rather than simply being passive observers.

• These duties caution citizens against engaging in anti-national activities that harm the country’s reputation, such as desecrating the national flag, vandalizing public property, and disrupting public peace.

• To fortify democratic foundations and strike a harmonious balance between individual rights and civic responsibilities.

Criticism of Fundamental Duties

• Duties are seen as redundant, assuming that citizens would naturally fulfill these obligations even if they weren’t explicitly stated in the Constitution.

• Characterized as moral guidelines that lack enforceable consequences or penalties for non-compliance.

• Terms like noble ideals, composite culture, humanism, rich heritage and scientific temper are difficult to understand and interpret.

• Key duties like paying taxes or voting in elections are not fundamental duties.

• Some duties are vaguely worded, ambiguous, and challenging for the ordinary citizen to understand.

• Only applicable to citizens.

Conclusion 

Fundamental Duties emphasize citizen’s moral obligations and commitments to society and the nation, highlighting the inseparable nature of rights and duties. Several nations, including China, the Netherlands, Vietnam, and Japan, have incorporated Fundamental Duties into their respective constitutions. Although Article 51A does not explicitly assign duties to the state, it implies that the state has a collective responsibility to uphold the duties expected of its citizens.

This article is authored by Hashim AK. He was among the Top 40 performers in the Quiz Competition on New Criminal Laws organized by Lets Learn Law.