Fundamental Duties

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

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