Fundamental Duties

     While the rights and duties of citizens are inherently linked and cannot be separated, the original Indian Constitution initially included only Fundamental Rights, without any mention of Fundamental Duties. The framers of the Constitution did not consider it essential to incorporate the duties of citizens into the document. Instead, they included the responsibilities of the State in the form of Directive Principles of State Policy.

       In 1976, Fundamental Duties were added to the Constitution through the 42nd Amendment. Later, in 2002, an additional Fundamental Duty was incorporated.

      The concept of Fundamental Duties in the Indian Constitution is inspired by the Constitution of the former USSR. It is notable that most major democratic countries, such as the USA, Canada, France, Germany, and Australia, do not explicitly list the duties of citizens in their constitutions. The Japanese Constitution, however, stands out as one of the few democratic constitutions that includes a list of citizen duties.

       In contrast, socialist countries have traditionally emphasized both the fundamental rights and duties of their citizens. For instance, the Constitution of the former USSR asserted that the exercise of rights and freedoms by citizens was closely tied to their responsibilities and obligations.

This framework underlines the importance of not only individual rights but also the collective responsibilities that come with citizenship, highlighting a balanced approach to governance and societal obligations.

Swaran Singh Committee Recommendations

       In 1976, the Congress Party established the Sardar Swaran Singh Committee to evaluate and recommend the incorporation of Fundamental Duties into the Constitution. This initiative arose from the recognition of the need for such duties during the internal Emergency period (1975–1977). The committee strongly recommended adding a separate chapter on Fundamental Duties to the Constitution, emphasizing the importance of citizens acknowledging their responsibilities alongside their rights.

       The recommendations of the Swaran Singh Committee were accepted by the Congress Government, leading to the enactment of the 42nd Constitutional Amendment Act in 1976. This amendment introduced Part IVA to the Constitution, which contains only Article 51A. For the first time, this article outlined a code of ten Fundamental Duties for citizens. The ruling Congress party characterized the previous omission of Fundamental Duties from the Constitution as a historical mistake and asserted that the current inclusion rectified this oversight.

      While the Swaran Singh Committee proposed incorporating eight Fundamental Duties, the 42nd Amendment ultimately established ten duties.

      However, not all recommendations from the Committee were adopted by the Congress Party or included in the Constitution. Notably, the following suggestions were not accepted:

1. 1. Imposition of Penalties: The committee suggested that Parliament could impose penalties for non-compliance with any of the duties outlined.
   2. Judicial Immunity for Penalty Laws: It proposed that no law imposing such penalties could be challenged in court on the basis of violations of Fundamental Rights or for conflict with any other provisions of the Constitution.
   3. Duty to Pay Taxes: The committee recommended that the obligation to pay taxes should also be recognized as a Fundamental Duty of citizens.

These recommendations underscore the committee’s aim to enhance civic responsibility and ensure that the enjoyment of rights is accompanied by a commitment to fulfill certain duties within society.

List of Fundamental Duties

According to Article 51A of the Indian Constitution, it is the duty of every citizen of India to:

1. 1. Abide by the Constitution and respect its ideals and institutions, as well as the National Flag and the National Anthem.
   2. Cherish and follow the noble ideals that inspired the national struggle for freedom.
   3. Uphold and protect the sovereignty, unity, and integrity of India.
   4. Defend the country and render national service when called upon.
   5. Promote harmony and the spirit of common brotherhood among all people of India, transcending religious, linguistic, and regional diversities, and renounce practices that demean the dignity of women.
   6. Value and preserve the rich heritage of the country’s composite culture.
   7. Protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and show compassion for living creatures.
   8. Develop a scientific temper, humanism, and a spirit of inquiry and reform.
   9. Safeguard public property and abstain from violence.
   10. Strive for excellence in all realms of individual and collective activity so that the nation consistently rises to higher levels of endeavor and achievement.
   11. Provide educational opportunities for children or wards between the ages of six and fourteen years, as mandated by the 86th Constitutional Amendment Act of 2002.