Fundamental Duties – Overview
Constitutional Reference: Part IV-A, Article 51A
Added by: 42nd Constitutional Amendment Act, 1976
Origin: Recommended by the Sardar Swaran Singh Committee (1976) during the Emergency period (1975–77)
Source Inspiration: Constitution of the former USSR
Purpose:
To remind citizens that rights come with duties.
Promote civic consciousness, social responsibility, and respect for national symbols and institutions.
Complement Fundamental Rights and support the ideals enshrined in the Preamble.
List of 11 Fundamental Duties (Article 51A)
It shall be the duty of every citizen of India to:
Abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem.
Cherish and follow the noble ideals which inspired the national struggle for freedom.
Uphold and protect the sovereignty, unity, and integrity of India.
Defend the country and render national service when called upon to do so.
Promote harmony and the spirit of common brotherhood, renouncing practices derogatory to the dignity of women.
Value and preserve the rich heritage of our composite culture.
Protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and have compassion for living creatures.
Develop a scientific temper, humanism, and the spirit of inquiry and reform.
Safeguard public property and abjure violence.
Strive towards excellence in all spheres of individual and collective activity.
For parents/guardians, provide opportunities for free and compulsory education to children aged 6–14 years (added by the 86th Amendment, 2002).
Features of Fundamental Duties
Moral & Civic Duties: Combines ethical (moral) obligations with civic responsibilities.
Rooted in Indian Tradition: Derived from Indian values, mythology, and culture.
Applicable to Citizens Only: Non-citizens are not bound by Fundamental Duties.
Non-Justiciable: Cannot be enforced directly in courts but can guide legislation.
Complementary to Fundamental Rights: Reinforce duties that support FRs, e.g., education (Article 21 & 51A(k)).
Importance of Fundamental Duties
Citizen Awareness: Remind citizens of obligations alongside their rights.
Promote Discipline & Commitment: Encourage active participation in nation-building.
Prevent Anti-National Activities: Discourage acts like destroying public property or disrespecting national symbols.
Judicial Guidance: Courts may consider them to interpret laws reasonably in relation to FRs (Articles 14 & 19).
Strengthen Democracy: Create a balance between rights and duties, promoting social harmony.
Key Supreme Court Judgements
| Case | Pronouncement |
|---|---|
| Chandra Bhavan Boarding and Lodging vs State of Mysore (1969) | Upheld legislation on minimum wages; highlighted social welfare importance. |
| Balaji Raghavan vs Union of India (1995) | Validated National Awards to incentivize citizens to strive for excellence. |
| M.C. Mehta vs Kamal Nath II (2000) | Emphasized duty to protect the environment; imposed fines for ecological damage. |
| Shri Ranganath Mishra vs Union Of India (2003) | Directed dissemination of Fundamental Duties, including the duty to vote. |
| In Re Ramlila Maidan Incident vs Home Secretary (2012) | Emphasized duty to obey lawful orders and protect public property. |
Justice Verma Committee on Fundamental Duties (1998)
Highlighted non-operationalization of Fundamental Duties.
Recommended strategies for effective implementation.
Suggested legislative backing through existing laws like:
Prevention of Insults to National Honour Act (1971) – protection of national symbols
Protection of Civil Rights Act (1955) – safeguards against caste/religion-based discrimination
Representation of the People Act (1951) – electoral accountability
Wildlife (Protection) Act (1972) & Forest (Conservation) Act (1980) – environmental protection
Evolution & Amendments
| Amendment | Change Introduced |
|---|---|
| 42nd (1976) | Introduced first 10 Fundamental Duties |
| 86th (2002) | Added duty to provide free and compulsory education for children aged 6–14 (Article 51A(k)) |
Relation with Fundamental Rights
Complementary: Duties support the enforcement and spirit of FRs.
Example: Article 21 guarantees right to education; Article 51A(k) imposes duty on parents/guardians to ensure it.
Leave a Reply