Historical Background
Origin and Insertion
Key Facts:
- Amendment: 42nd Constitutional Amendment Act, 1976
- Committee: Swaran Singh Committee (1976)
- Inspired by: Constitution of USSR (erstwhile Soviet Union)
- Part of Constitution: Part IV-A
- Article: Article 51A
- Prime Minister: Indira Gandhi (during Emergency period)
- Original Number: 10 duties initially added
- Current Number: 11 duties (one added in 2002)
Why Fundamental Duties were Added?
The Swaran Singh Committee felt that the Indian Constitution emphasized rights but remained silent about the duties of citizens. The committee believed that rights and duties are correlative, and citizens should be conscious of their duties while exercising their rights.
The Eleven Fundamental Duties
Article 51A states: "It shall be the duty of every citizen of India—"
Duty 1: Respect the Constitution
"To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem."
Explanation:
- Follow the Constitution and its principles
- Respect constitutional institutions (Parliament, Judiciary, etc.)
- Show respect to National Flag (respect Flag Code of India)
- Stand during National Anthem (Jana Gana Mana)
- Understand and uphold constitutional values
Related Laws:
- Prevention of Insults to National Honour Act, 1971 - Prohibits insult to National Flag and Anthem
- Flag Code of India, 2002 - Guidelines for display and use of National Flag
Duty 2: Follow Ideals of Freedom Struggle
"To cherish and follow the noble ideals which inspired our national struggle for freedom."
Explanation:
- Remember sacrifices made by freedom fighters
- Follow principles of non-violence, truth, and equality
- Uphold ideals of nationalism and patriotism
- Imbibe values of sacrifice, courage, and dedication
- Promote secular and democratic values
Duty 3: Uphold Sovereignty and Integrity
"To uphold and protect the sovereignty, unity and integrity of India."
Explanation:
- Sovereignty: India is an independent nation, not under any external authority
- Unity: Maintain oneness despite diversity
- Integrity: Preserve territorial wholeness of the nation
- Oppose forces that threaten national unity
- Work against separatist movements and terrorism
Related Provisions:
This duty is linked to Article 19(2) which allows reasonable restrictions on freedom of speech in the interest of sovereignty and integrity of India.
Duty 4: Defend the Country
"To defend the country and render national service when called upon to do so."
Explanation:
- Be ready to defend India during external aggression or war
- Render military or civil defense service when required
- Participate in national service programs
- Support armed forces and paramilitary forces
- Includes compulsory military service if government mandates it
Note:
India does not have compulsory military service currently, but this duty empowers the government to introduce it if necessary through legislation.
Duty 5: Promote Harmony and Renounce Discrimination
"To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women."
Explanation - Part 1 (Promote Harmony):
- Foster unity among citizens regardless of religion
- Transcend linguistic barriers and regional differences
- Promote spirit of common brotherhood
- Avoid communal, linguistic, and regional conflicts
- Celebrate India's diversity while maintaining unity
Explanation - Part 2 (Women's Dignity):
- Renounce practices that insult women's dignity
- Oppose dowry, female foeticide, and domestic violence
- Promote gender equality and women's empowerment
- Eliminate discriminatory practices against women
- Ensure respect and equal treatment of women
Related Laws:
- Dowry Prohibition Act, 1961
- Protection of Women from Domestic Violence Act, 2005
- Sexual Harassment of Women at Workplace Act, 2013
- Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (prevents female foeticide)
Duty 6: Preserve Composite Culture
"To value and preserve the rich heritage of our composite culture."
Explanation:
- Preserve India's diverse cultural heritage
- Protect monuments, historical sites, and artifacts
- Value traditions, art, architecture, music, and dance forms
- Recognize India's composite culture formed by various civilizations
- Promote cultural education and awareness
Related Provisions:
- Ancient Monuments and Archaeological Sites and Remains Act, 1958
- Antiquities and Art Treasures Act, 1972
- Archaeological Survey of India (ASI) - Protects cultural heritage
Duty 7: Protect Environment and Wildlife
"To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures."
Explanation:
- Protect and conserve natural environment
- Preserve forests, water bodies, and wildlife
- Prevent pollution and environmental degradation
- Show compassion towards all living beings
- Promote sustainable development
- Participate in afforestation and conservation programs
Related Laws and Provisions:
- Wildlife Protection Act, 1972
- Forest Conservation Act, 1980
- Environment Protection Act, 1986
- Air (Prevention and Control of Pollution) Act, 1981
- Water (Prevention and Control of Pollution) Act, 1974
- Article 48A (DPSP) - State's duty to protect environment
Duty 8: Develop Scientific Temper
"To develop the scientific temper, humanism and the spirit of inquiry and reform."
Explanation:
- Scientific Temper: Develop rational and logical thinking
- Humanism: Promote human welfare and dignity
- Spirit of Inquiry: Encourage questioning and critical thinking
- Spirit of Reform: Be open to progressive changes
- Oppose superstitions and blind beliefs
- Promote evidence-based decision making
Significance:
This duty is unique and reflects India's commitment to rational thinking and scientific progress. It was particularly emphasized by Jawaharlal Nehru, who believed scientific temper was essential for national development.
Duty 9: Safeguard Public Property
"To safeguard public property and to abjure violence."
Explanation - Part 1 (Safeguard Public Property):
- Protect government buildings, infrastructure, and assets
- Avoid damage or vandalism of public property
- Preserve public utilities (roads, parks, transport systems)
- Report damage or misuse of public property
- Respect public facilities and resources
Explanation - Part 2 (Abjure Violence):
- Renounce or give up violence in all forms
- Resolve conflicts through peaceful means
- Oppose terrorism, extremism, and violent protests
- Follow Gandhian principle of non-violence (Ahimsa)
- Promote peaceful coexistence
Related Law:
Prevention of Damage to Public Property Act, 1984 - Provides for punishment for damage to public property.
Duty 10: Strive for Excellence
"To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement."
Explanation:
- Aim for excellence in personal and professional life
- Contribute to national progress and development
- Improve skills and competencies continuously
- Excel in fields like education, sports, science, arts, etc.
- Work with dedication and commitment
- Help nation achieve higher standards globally
Significance:
This duty emphasizes both individual excellence and collective progress, making every citizen responsible for national development and global competitiveness.
Duty 11: Provide Education to Children (6-14 years)
"Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years."
Key Facts:
- Added by: 86th Constitutional Amendment Act, 2002
- Applies to: Parents and guardians
- Age Group: Children between 6-14 years
- Linked with: Article 21A (Right to Education)
Explanation:
- Parents/guardians must ensure children receive education
- Education must be provided for age group 6-14 years
- Complements Right to Education (Article 21A)
- Makes primary education a parental responsibility
- Aims to achieve universal elementary education
Related Legislation:
Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) - Implements Article 21A and makes elementary education a fundamental right.
Unique Feature:
This is the only Fundamental Duty that applies to a specific category of citizens (parents/guardians) rather than all citizens. It was added simultaneously with Article 21A (Right to Education) to create a balanced approach - giving children the right to education while making it a parental duty.
Features of Fundamental Duties
Characteristics and Nature
Key Characteristics:
- Part of Constitution: Part IV-A, Article 51A
- Non-Justiciable: Cannot be enforced by courts directly (like DPSPs)
- Moral Obligations: Represent civic responsibilities and ethical duties
- Universal Application: Apply to all citizens (except 11th duty)
- Comprehensive: Cover individual, social, and national dimensions
- Correlative to Rights: Balance Fundamental Rights with responsibilities
Comparison with Rights:
| Fundamental Rights | Fundamental Duties |
|---|---|
| Part III (Articles 12-35) | Part IV-A (Article 51A) |
| Original feature (1950) | Added in 1976 (42nd Amendment) |
| 6 categories (originally 7) | 11 duties (originally 10) |
| Justiciable (enforceable in courts) | Non-justiciable (not directly enforceable) |
| Rights against State and others | Duties towards nation and society |
| Can be suspended during Emergency | Continue even during Emergency |
Significance and Importance
Why Fundamental Duties are Important
1. Balance Rights and Duties:
They create a balance between rights and responsibilities, preventing citizens from claiming rights without recognizing duties.
2. Promote Patriotism and Nationalism:
Foster love for country, respect for national symbols, and commitment to national unity and integrity.
3. Guide Citizens:
Serve as moral and civic guidelines for appropriate behavior and responsible citizenship.
4. Aid Judiciary:
Courts can consider Fundamental Duties while interpreting laws and fundamental rights, especially when there's ambiguity.
5. Legislative Guide:
Help Parliament frame laws to promote civic consciousness and discourage anti-national activities.
6. Educational Value:
Create awareness among citizens about their responsibilities towards nation, society, and environment.
Criticism and Limitations
Criticisms of Fundamental Duties
1. Non-Justiciable Nature:
- Cannot be enforced through courts
- No legal penalty for non-compliance
- Remain only moral obligations
2. Incomplete List:
- Does not include all essential duties (e.g., voting, paying taxes)
- Several important civic duties are missing
- Arbitrary selection of duties
3. Vague and Ambiguous:
- Terms like "scientific temper" and "composite culture" are unclear
- Difficult to define and measure compliance
- Open to multiple interpretations
4. No Provision for Enforcement:
- No mechanism to ensure compliance
- No punishment for violation
- Difficult to implement practically
5. Critics' Views:
- Added during Emergency period (authoritarian context)
- Borrowed from USSR (a non-democratic country)
- Some duties overlap with each other
Judicial Interpretation
Role of Courts
Though non-justiciable, Fundamental Duties have been recognized and emphasized by courts in various judgments:
Important Judgments:
- AIIMS Student Union v. AIIMS (2001): Supreme Court held that Fundamental Duties serve as a warning to citizens against anti-national and anti-social activities
- M.C. Mehta v. Union of India: Courts have used Article 51A(g) to promote environmental protection
- Bijoe Emmanuel v. State of Kerala (1986): Court held that compulsory singing of National Anthem would violate religious freedom, balancing duty with rights
- Rural Litigation and Entitlement Kendra v. State of UP (1985): Court emphasized duty to protect environment
Judicial View:
The Supreme Court has observed that while Fundamental Duties are not enforceable by writs, they can be taken into consideration by courts while deciding cases, especially in matters of constitutional interpretation.
Enforcement Mechanisms
How Fundamental Duties are Promoted
1. Through Legislation:
Parliament has enacted various laws to give effect to Fundamental Duties:
- Prevention of Insults to National Honour Act, 1971
- Protection of Civil Rights Act, 1955
- Wildlife Protection Act, 1972
- Prevention of Damage to Public Property Act, 1984
2. Through Education:
- Civic education in schools and colleges
- Value education programs
- National Service Scheme (NSS)
- National Cadet Corps (NCC)
3. Through Public Awareness:
- Government campaigns and programs
- Media and public service announcements
- Celebration of national days
- Promotion through cultural activities