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In News
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Recently, the Chief Justice of India said fundamental duties in the Constitution are not merely to serve a “pedantic or technical” purpose.
CJI’s opinion
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Our Constitution is the fundamental document that regulates the relationship between the citizens and the government.
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While it has granted us inalienable rights, it places upon us certain fundamental duties.
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The fundamental duties are not merely pedantic or technical, they were incorporated as the key to social transformation.
Fundamental Duties
- Incorporation of Fundamental Duties:
- When the Constitution was adopted in the year 1949, there were no provisions regarding Fundamental Duties to the Citizens though there was a Part III for Fundamental Rights.
- The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the Government.
- The Committee suggested that steps needed to be taken to ensure that the individual did not overlook his duties while in the exercise of his Fundamental Rights.
- The fundamental duties were incorporated in Part IV-A of the Constitution.
- The concept of Fundamental duties was taken from the former USSR.
- Article 51(A) describes 11 fundamental duties.
- 10 came with the 42nd Amendment;
- 11th was added by the 86th Amendment in 2002.
It shall be the duty of every citizen of India:
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Significance of Fundamental Duties
- It serves as a constant reminder to the citizens that while enjoying their rights, the citizens should be aware of their duties towards their nation and towards other citizens.
- These serve as a warning to the people against the anti-social activities that disrespect the nation like burning the flag, destroying public property or disturbing public peace.
- These help in the promotion of a sense of discipline and commitment towards the nation.
- It helps the Court in determining the constitutionality of the law.
Criticism of Fundamental Duties
- They are made non-justiciable in nature.
- Important duties such as tax-paying, family planning etc are not covered.
- Vague and ambiguous provisions which are difficult to be understood by a common man.
- Superfluous provisions since they would generally be followed even if they were not included.
Nature of Fundamental Duties
- Fundamental duties are essentially taken from Indian tradition, mythology, religions and practices.
- Essentially these were the duties that are the codification of tasks integral to the Indian way of life.
- It also drew on examples of “ancient India ” and Hindu scripture Bhagvad Gita to reason that “people in India have had a tradition of performing their duties’ ‘.
- The Fundamental Duties are intended to serve as a constant reminder to every citizen that while the Constitution conferred on them certain Fundamental Rights specifically.
- It also requires citizens to observe certain basic norms of democratic conduct and democratic behaviour because rights and duties are correlative.
- The Verma Committee on Fundamental Duties of the Citizens (1999) identified the existence of legal provisions for the implementation of some of the Fundamental Duties.
- The committee provided with the provisions like:
- No person can disrespect the National flag, Constitution of India and the National Anthem under the Prevention of Insults to National Honour Act, 1971.
- The Protection of Civil Rights Act (1955) provided for punishments in case of any offence related to caste and religion.
- The committee provided with the provisions like:
- However, whereas Fundamental Rights are justiciable, the Fundamental Duties are non-justiciable.
- It means that the violation of fundamental duties, i.e. the non-performance of these duties by citizens is not punishable.
- These duties are not enforceable by law. However, a court may take them into account while adjudicating on a matter.
- It means that the violation of fundamental duties, i.e. the non-performance of these duties by citizens is not punishable.
Source: TH
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