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:
- Imposition of Penalties: The committee suggested that Parliament could impose penalties for non-compliance with any of the duties outlined.
- 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.
- 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:
- Abide by the Constitution and respect its ideals and institutions, as well as the National Flag and the National Anthem.
- Cherish and follow the noble ideals that 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.
- 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.
- Value and preserve the rich heritage of the country’s composite culture.
- Protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and show compassion for living creatures.
- Develop a scientific temper, humanism, and a spirit of inquiry and reform.
- Safeguard public property and abstain from violence.
- Strive for excellence in all realms of individual and collective activity so that the nation consistently rises to higher levels of endeavor and achievement.
- 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.
Features of the Fundamental Duties
- Nature of Duties: Fundamental Duties can be categorized into moral duties and civic duties. For example, cherishing the noble ideals of the freedom struggle is considered a moral duty, whereas respecting the Constitution, National Flag, and National Anthem is a civic duty.
- Cultural Values: The duties reflect values that are deeply rooted in Indian tradition, mythology, religions, and practices. Essentially, they represent a codification of tasks integral to the Indian way of life.
- Applicability: Unlike some Fundamental Rights that extend to all individuals, including foreigners, the Fundamental Duties are specifically applicable to citizens and do not apply to non-citizens.
- Non-justiciable: Similar to the Directive Principles of State Policy, Fundamental Duties are non-justiciable. This means that the Constitution does not provide for their direct enforcement by the courts, nor is there any legal penalty for their violation. Nevertheless, Parliament can legislate to enforce these duties through suitable laws.
These characteristics highlight the importance of Fundamental Duties in fostering a sense of responsibility and civic engagement among Indian citizens.
Criticism of Fundamental Duties
The Fundamental Duties outlined in Part IVA of the Indian Constitution have faced various criticisms, which are summarized as follows:
- Incompleteness of the List: Critics argue that the list of Fundamental Duties is not exhaustive, as it omits several important responsibilities such as casting a vote, paying taxes, and promoting family planning—which was suggested by the Swaran Singh Committee.
- Vague Language: Some duties are seen as vague or ambiguous, making them difficult for the average citizen to comprehend. Phrases like “noble ideals,” “composite culture,” and “scientific temper” can lead to varied interpretations.
- Moral Precepts: Critics have labeled the Fundamental Duties as a set of moral guidelines due to their non-justiciable nature. Interestingly, the Swaran Singh Committee had proposed penalties for failing to fulfill these duties.
- Superfluous Inclusion: Some argue that including Fundamental Duties in the Constitution is unnecessary, as citizens would naturally perform these duties even if they were not formally included.
- Placement within the Constitution: The incorporation of Fundamental Duties as an appendix to Part IV (Directive Principles of State Policy) has been criticized for diminishing their significance. Critics suggest that they should have been placed after Part III (Fundamental Rights) to equalize their importance with Fundamental Rights.
Significance of Fundamental Duties
Despite the criticisms, Fundamental Duties are considered significant for several reasons:
- Awareness of Responsibilities: They serve as a reminder that while citizens enjoy their rights, they also have responsibilities towards their country, society, and fellow citizens.
- Discouragement of Antisocial Behavior: They act as a warning against antinational and antisocial activities, such as burning the national flag or destroying public property.
- Inspiration and Commitment: Fundamental Duties inspire citizens and promote discipline and dedication. They foster a sense that citizens are not merely spectators but active participants in achieving national objectives.
- Judicial Consideration: These duties help courts evaluate and determine the constitutional validity of laws. In 1992, the Supreme Court ruled that if a law aims to fulfill a Fundamental Duty, it may be considered “reasonable” concerning Article 14 (equality before law) or Article 19 (freedoms), thereby protecting it from being declared unconstitutional.
- Enforceability: Fundamental Duties can be enforced by law. Parliament can enact legislation to impose appropriate penalties for non-compliance.
H.R. Gokhale, the then Law Minister, provided insight into the rationale for including Fundamental Duties in the Constitution after 26 years, noting the lack of commitment among some citizens to fulfill their obligations, especially during the Emergency period around June 1975.
Indira Gandhi, the then Prime Minister, defended the inclusion by stating that fundamental duties would help strengthen democracy. She argued that the moral value of these duties would enhance awareness of responsibilities alongside rights, fostering a balance between the two.
Though the opposition in Parliament initially resisted the inclusion of Fundamental Duties during the Congress government, the subsequent Janata Government, led by Morarji Desai after the Emergency, did not abolish them. Notably, this new government aimed to reverse many changes introduced by the 42nd Amendment Act (1976) through the 43rd and 44th Amendment Acts (1977 and 1978), indicating a growing consensus on the importance of including Fundamental Duties. This notion was further solidified with the addition of another Fundamental Duty in 2002 through the 86th Amendment Act.
Verma Committee Observations
The Verma Committee on Fundamental Duties of Citizens, established in 1999, highlighted the existence of legal provisions aimed at implementing some Fundamental Duties. The key observations related to these provisions are as follows:
- Prevention of Insults to National Honour Act (1971): This Act prevents disrespect towards the Constitution of India, the National Flag, and the National Anthem.
- Criminal Laws: Various criminal laws in force impose penalties for promoting enmity between different groups based on language, race, place of birth, religion, and similar grounds.
- Protection of Civil Rights Act (1955): This Act provides for penalties related to offences based on caste and religion.
- Indian Penal Code (IPC): The IPC includes provisions that declare imputation and assertions harmful to national integration as punishable offences.
- Unlawful Activities (Prevention) Act (1967): This Act allows for the declaration of communal organizations as unlawful associations.
- Representation of People Act (1951): This Act disqualifies members of Parliament or state legislatures who engage in corrupt practices, such as soliciting votes based on religion or promoting enmity among different groups based on caste, race, or religion.
- Wildlife (Protection) Act (1972): This Act prohibits the trade of rare and endangered species, aiding in the preservation of biodiversity.
- Forest (Conservation) Act (1980): This legislation aims to prevent indiscriminate deforestation and restrain the diversion of forest land for non-forest purposes.
These observations emphasize the legal framework in place to uphold and execute the Fundamental Duties of citizens, reinforcing the significance of civic responsibility in India.
