Fundamental Duties
General Overview
- FR and FD are correlative and inseparable
- Inspired from USSR
- None of the major democratic countries contain FD except Japan
- No Fundamental duties at the time of adoption of Constitution
- Indira Gandhi government set up Sardar Swaran Singh Committee
- Recommendations accepted
- Separate Chapter in the constitution
- Citizen should become conscious that in addition to FR they have FD
- Recommendations not accepted
- The Parliament may provide for the imposition of penalty for any Non compliance with or refusal to observe any duties
- No law imposing such penalty shall be called in question of any court on the ground of infringement of any Fundamental rights
- Duty to pay taxes should also be FD
- In 1976, 42nd CAA Fundamental duties are included in Part 4A as Article 51A
Fundamental Duties
- To abide by the constitution and respect the ideals and institutions, the National flag and National anthem
- To cherishand follow the Noble ideasthat inspired the National struggle for Independence
- To uphold and protect the Sovereignty, Unity andIntegrityof India
- To defend the country and render National servicewhen called upon to do so
- To promote the Harmonyand spirit of common brotherhoodamongst all the people of India transcending Religious, Linguistic, Regional or Sectional Diversity and to renounce practice derogatory to dignity of women
- To value and preserve rich heritageof country’s composite culture
- To protect and improve the natural environmentincluding forests, lakes, wildlife and to have compassion for living organism
- To develop scientific temper, humanismand spirit of inquiry and reform
- To safeguard public propertyand to adjure violence
- To strive towards excellencein all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievements
- To provide opportunity for the educationto his child between age of 6-14 yrs (added in 86th CAA, 2002)
Features
- Some are moral other are civic duties
- They refer to such values which are part of Indian tradition
- FD are confined to citizens only not to Foreigners
- Non justiciable, but can be enforced by law
Criticism
- Non exhaustive as it doesn’t cover other important duties like casting vote, paying taxes, family planning, etc
- Some duties are vague and difficult to understand
- Code of Moral precepts due to Non justiciable character
- Unnecessary since people will follow even it is not present
- Reduced its significance by keeping in Part 4 but not in Part 3 with FR
Significance
- They serve as reminder to the citizen, enjoy rights but remember the duties
- Warning to anti nationals
- Source of inspiration
- Help the court in determine constitutional validity
- They are enforceable by law
Verma Committee Observations
- In 1999, identified Legal provisions for the implementation of FD
- Prevention of insult to the National honour Act 1971
- Prevents disrespect to Constitution of India, National Flag, National Anthem
- Various Criminal laws in force provide for punishment for encouraging enmity between different sections of people on ground of Language, race, place of birth, religion and so on
- Protection of Civil rights Act 1955
- Provide for punishment for offence related to caste and religion
- Indian Penal Code
- The Unlawful activity act 1967
- Declaration of communal organisation as unlawful
- Representation of People Act 1951
- Disqualification of MP for indulging in corrupt practices
- Wildlife Protection Act 1972
- Forest Act 1980