Fundamental Duties – UPSC Notes – Indian Polity

Citizens have both rights and duties, which go hand in hand. Initially, the Constitution only outlined fundamental rights, not fundamental duties. This means that when the Constitution was first written, the framers didn’t think it was necessary to include the responsibilities of citizens. Instead, they included the duties of the state in the form of Directive Principles of State Polity. It wasn’t until 1976 that the fundamental duties of citizens were added to the Constitution. In 2002, another fundamental duty was included.

The Fundamental Duties outlined in the Indian Constitution drew inspiration from the Constitution of the former USSR. It’s interesting to note that major democratic countries such as the USA, Canada, France, Germany, Australia, and others don’t specifically list the duties of citizens in their constitutions. The Japanese Constitution stands out as one of the few democratic constitutions worldwide that includes a list of citizens’ duties. In contrast, socialist countries like the former USSR emphasized both the fundamental rights and duties of their citizens. The constitution of the former USSR stated that citizens exercising their rights and freedoms were inseparable from fulfilling their duties and obligations.

Swaran Singh Committee Recommendations

In 1976, the Congress Party established the Sardar Swaran Singh Committee to provide recommendations on fundamental duties, prompted by the experiences during the internal emergency (1975–1977). The committee suggested adding a dedicated section on fundamental duties in the Constitution. It emphasized that citizens should recognize not only their rights but also the responsibilities they must fulfill. The Congress Government at the Center accepted these suggestions and implemented them through the 42nd Constitutional Amendment Act in 1976. This amendment introduced a new part, Part IVA, to the Constitution, consisting of a single Article, Article 51A. For the first time, this article outlined ten fundamental duties for citizens. The ruling Congress party considered the absence of fundamental duties in the Constitution a historical oversight, claiming that they were rectifying what the original framers had missed.

Although the Swaran Singh Committee initially proposed incorporating eight Fundamental Duties into the Constitution, the 42nd Constitutional Amendment Act of 1976 expanded the list to ten Fundamental Duties.

Notably, some of the Committee’s recommendations were rejected by the Congress Party and consequently, were not included in the Constitution. These rejected proposals encompass:

1. Granting the Parliament the authority to impose penalties or punishments for non-compliance with or refusal to observe any of the duties.
2. Ensuring that laws imposing such penalties or punishments cannot be challenged in any court based on the infringement of Fundamental Rights or conflicts with other provisions of the Constitution.
3. Specifying the duty to pay taxes as a Fundamental Duty of citizens.

List of Fundamental Duties

As per Article 51A, every citizen of India has the duty:

(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 that inspired the 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 and to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of the country’s 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 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; and
(k) to provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002.

Features of the Fundamental Duties

Here are some key points about the Fundamental Duties:

1. Moral and Civic Duties: Some duties are moral, like upholding the noble ideals of the freedom struggle. Others are civic, such as showing respect for the Constitution, National Flag, and National Anthem.
2. Rooted in Indian Tradition: These duties are based on values from Indian tradition, mythology, religions, and practices. In simple terms, they represent tasks that are an integral part of the Indian way of life.
3. Citizens Only: Unlike certain Fundamental Rights applicable to everyone, whether citizens or foreigners, Fundamental Duties are only for Indian citizens. They don’t apply to foreigners.
4. Nonjusticiable Like Directive Principles: Similar to Directive Principles, Fundamental Duties cannot be directly enforced by the courts. There is no legal punishment for violating them. However, Parliament can make laws to ensure compliance.

Criticism of Fundamental Duties

The Fundamental Duties outlined in Part IVA of the Constitution have faced criticism for the following reasons:

1. Incomplete List: Critics argue that the list of duties is not comprehensive, as it does not include significant duties such as voting, paying taxes, and family planning. The Swaran Singh Committee even recommended adding the duty to pay taxes.
2. Vagueness and Ambiguity: Some duties are criticized for being vague and difficult for the common person to understand. Phrases like ‘noble ideals,’ ‘composite culture,’ and ‘scientific temper’ can have various interpretations.
3. Moral Code with No Enforcement: Critics view the duties as a set of moral guidelines because they cannot be legally enforced. Interestingly, the Swaran Singh Committee suggested penalties for not fulfilling Fundamental Duties.
4. Deemed Redundant: Some argue that including these duties in the Constitution was unnecessary, as people would naturally perform these duties even without constitutional mention.
5. Placement in the Constitution: Critics believe that appending Fundamental Duties to Part IV of the Constitution diminishes their importance. They suggest that placing them after Part III, which covers Fundamental Rights, would have given them equal standing.

Significance of Fundamental Duties

Despite facing criticism, Fundamental Duties hold significance for the following reasons:

1. Reminder of Responsibilities: They remind citizens that alongside enjoying their rights, they have duties towards their country, society, and fellow citizens.
2. Deterrence Against Anti-national Activities: Fundamental Duties act as a deterrent against activities that are anti-national or antisocial, such as burning the national flag or damaging public property.
3. Source of Inspiration: They inspire citizens and foster a sense of discipline and commitment. Citizens are encouraged to actively contribute to the realization of national goals, emphasizing their role beyond mere spectators.
4. Legal Reference for Constitutional Validity: Fundamental Duties aid the courts in evaluating the constitutional validity of laws. The Supreme Court, in 1992, ruled that if a law aligns with a fundamental duty, it may be considered ‘reasonable’ concerning constitutional articles related to equality before the law or the six freedoms.
5. Enforceability by Law: Unlike criticism suggesting a lack of enforceability, Fundamental Duties can be enforced by law. Parliament has the authority to prescribe penalties or punishments for individuals failing to fulfill these duties.

H.R. Gokhale, the Law Minister at the time, explained the reason behind introducing fundamental duties into the Constitution after twenty-six years of its inception. According to him, in the post-independent era, especially around the emergency in June 1975, there was a group of people who did not show concern for fulfilling their fundamental duties of respecting the established legal order. He believed that incorporating a chapter on fundamental duties would have a calming effect on these individuals who had been involved in anti-national, subversive, and unconstitutional activities.

Indira Gandhi, the Prime Minister during that period, supported the inclusion of fundamental duties in the Constitution. She argued that adding these duties would contribute to strengthening democracy. According to her, the moral value of fundamental duties would not suppress rights but instead establish a democratic balance by making people aware of their duties as much as they are aware of their rights.

The inclusion of fundamental duties in the Constitution by the Congress government faced strong opposition from the Parliament’s Opposition. However, when the Janata Government, led by Morarji Desai, took over after the emergency period, they chose not to revoke the Fundamental Duties. Interestingly, despite undoing several changes introduced by the 42nd Amendment Act (1976) through subsequent amendments in 1977 and 1978, there was a consensus on the necessity and desirability of retaining the Fundamental Duties in the Constitution.

This consensus became even more evident with the addition of an extra Fundamental Duty in 2002 through the 86th Amendment Act. This historical context highlights the enduring acknowledgment of the importance of Fundamental Duties within the constitutional framework.

Verma Committee Observations

In its examination of the Fundamental Duties of Citizens in 1999, the Verma Committee highlighted existing legal provisions aimed at implementing some of these duties. The key observations are outlined below:

1. The Prevention of Insults to National Honour Act (1971) safeguards against disrespect towards the Constitution of India, the National Flag, and the National Anthem.
2. Various criminal laws currently in force prescribe punishments for promoting enmity between different sections of people based on factors such as language, race, place of birth, and religion.
3. The Protection of Civil Rights Act (1955) establishes penalties for offenses related to caste and religion.
4. The Indian Penal Code (IPC) categorizes imputations and assertions prejudicial to national integration as punishable offenses.
5. The Unlawful Activities (Prevention) Act of 1967 empowers the declaration of a communal organization as an unlawful association.
6. The Representation of People Act (1951) includes provisions for the disqualification of members of Parliament or state legislatures engaging in corrupt practices, such as soliciting votes based on religion or fostering enmity among different sections of the population.
7. The Wildlife (Protection) Act of 1972 prohibits trade in rare and endangered species.
8. The Forest (Conservation) Act of 1980 acts as a deterrent against indiscriminate deforestation and the diversion of forest land for non-forest purposes.

FAQs on Fundamental Duties

1. Why weren’t fundamental duties initially included in the Indian Constitution?

Answer: The framers of the Constitution initially focused on outlining fundamental rights, not duties. It was only in 1976, prompted by the Sardar Swaran Singh Committee, that fundamental duties were added to the Constitution through the 42nd Constitutional Amendment Act.

2. What inspired the inclusion of fundamental duties in the Indian Constitution?

Answer: The inspiration for fundamental duties came from the Constitution of the former USSR. The Swaran Singh Committee recommended recognizing citizens’ responsibilities alongside their rights, particularly in response to experiences during the internal emergency (1975–1977).

3. Do other major democratic countries include duties of citizens in their constitutions?

Answer: No, major democratic countries like the USA, Canada, France, Germany, and Australia typically do not specify citizens’ duties in their constitutions. However, the Japanese Constitution stands out as one of the few democratic constitutions globally that includes a list of citizens’ duties.

4. What were the key recommendations of the Swaran Singh Committee regarding fundamental duties?

Answer: The Swaran Singh Committee initially proposed eight fundamental duties, but the 42nd Constitutional Amendment Act in 1976 expanded the list to ten. Some rejected proposals included granting Parliament authority to impose penalties for non-compliance, immunity from legal challenges, and specifying the duty to pay taxes.

5. What are some examples of fundamental duties outlined in Article 51A of the Indian Constitution?

Answer: Examples include abiding by the Constitution, respecting the National Flag and Anthem, upholding the sovereignty of India, promoting harmony among diverse groups, protecting the environment, and providing education to children between six and fourteen years, added in 2002.

6. How are fundamental duties different from fundamental rights in India?

Answer: Fundamental duties are distinct from fundamental rights. While fundamental rights are applicable to everyone, including foreigners, fundamental duties are specific to Indian citizens. Fundamental duties, like Directive Principles, are nonjusticiable, meaning they cannot be directly enforced by courts but can be legislated upon by Parliament.

7. Why have fundamental duties faced criticism?

Answer: Critics argue that the list of duties is incomplete, vague, and lacks enforceability. Some feel that these duties are unnecessary, as people would naturally perform them. Critics also highlight their placement in the Constitution, suggesting they should have been placed after Fundamental Rights for equal importance.

8. How do fundamental duties act as a deterrent against anti-national activities?

Answer: Fundamental duties act as a deterrent by fostering a sense of responsibility and discouraging activities deemed anti-national or antisocial, such as burning the national flag or damaging public property.

9. How did the Verma Committee contribute to the examination of fundamental duties in 1999?

Answer: The Verma Committee observed existing legal provisions aimed at implementing fundamental duties. These included laws safeguarding national honor, criminal laws against promoting enmity, acts addressing offenses related to caste and religion, and environmental protection laws.

10. Why did the Congress government, despite strong opposition, include fundamental duties in the Constitution?

Answer: The Congress government, led by Indira Gandhi, believed that including fundamental duties would contribute to strengthening democracy by balancing citizens’ rights with moral responsibilities. Despite opposition, subsequent governments, including the Janata Government in 1977, chose not to revoke fundamental duties, highlighting their enduring acknowledgment.

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