The Constitution of India and Fundamental Duties of Citizens

By:

Vijay Sardana

Advocate & IIMA Alumnus

Techno-legal Expert & Corporate Advisor

Supreme Court of India, High Court and NGT

The fundamental duties of citizens were added to the constitution by the 42nd Amendment in 1976 under Article 51A Part 4A, upon the recommendations of the Swaran Singh Committee. 

Initially while drafting the Constitution of India fundamental duties were not part of the Constitution of India. The essential duties were inspired by the constitution of the USSR (now Russia). 

Facts about Fundamental Duties:

Fundamental Duties are categorised into two – Moral Duty & Civic Duty

1. Moral Duty: cherishing noble ideals of freedom struggle, they contain just a codification of tasks integral to the Indian way of life.

2. Civic Duty: respecting the Constitution, National Flag and National Anthem

Initially ten in number, the fundamental duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen. 

The other fundamental duties obligate all citizens to respect the national symbols of India, including the constitution, to cherish its heritage, to preserve its composite culture and assist in its defence. 

They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temper, abjure violence, and strive towards excellence in all spheres of life. 

Importance of Fundamental Duties- Part IV-A

Fundamental Duties are an inalienable part of fundamental rights. The importance of Fundamental Duties is given below:

1. They remind Indian Citizens of their duty towards their society, fellow citizens and the nation

2. They warn citizens against anti-national and anti-social activities

3. They inspire citizens & promote a sense of discipline and commitment among them

4. They help the courts in examining and determining the constitutional validity of a law

The violation of fundamental duties is not a punishable offence unless it is backed by Legislative enactments like the Prevention of Insults to National Honour Act, 1971, Forest Act, Environment Act, Pollution Act, and others.

The Supreme court has ruled that these fundamental duties can also help the court to decide the constitutionality of a law passed by the legislature. 

There is a reference to such duties in international instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights and Article 51A brings the Indian constitution into conformity with these treaties.

The fundamental duties noted in the constitution are as follows:  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 wildlife 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 to fourteen years. The duty was included in the list of fundamental duties by 86th Amendment to the constitution of India in the year 2002.

The Supreme Court has used the Fundamental Duties to uphold the Constitutional validity of statutes which seek to promote the objects laid out in the Fundamental Duties.

These Duties have also been held to be obligatory for all citizens, subject to the State enforcing the same business valid law. The Supreme Court has also issued directions to the State in this regard, with a view toward making the provisions effective and enabling citizens to properly perform their duties.

Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticised on the following grounds:

1. They have been described by the critics as a code of moral precepts due to their non-justiciable character. Their inclusion in the Constitution was described by critics as superfluous. This is because the duties included in the Constitution as fundamental would be performed by the people even though they were not incorporated into the Constitution.

2. Some of the duties are vague, ambiguous, and difficult to be understood by the average person.

3. The list of duties is not exhaustive as it does not cover other important duties like casting votes, paying taxes, family planning and so on. In fact, the duty to pay taxes was recommended by the Swaran Singh Committee.

The critics said that the inclusion of fundamental duties as an appendage to Part IV of the Constitution has reduced their value and significance. They should have been added after Part III to keep them on par with Fundamental Rights.

Swaran Singh’s Committee recommended more than 10 Fundamental Duties, however, not all were included in the Constitution. Those duties recommended by the committee which were not accepted were:

1. Citizens are to be penalised/punished by the parliament for any non-compliance with or refusal to observe any of the duties.

2. The punishments/penalties decided by the Parliament shall not be called in question in any court on the ground of infringement of any of Fundamental Rights or on the ground of repugnancy to any other provision of the Constitution.

3. Duty to pay taxes.

The Fundamental Duties are confined to Indian citizens only and do not extend to foreigners unlike a few Fundamental Rights

They are also nonjusticiable like the Directive Principle of State Policies. There is no legal sanction against their violation.

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