Fundamental Duties

In News

• 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

• Our Constitution is the fundamental document that regulates the relationship between the citizens and the government. 

• While it has granted us inalienable rights, it places upon us certain fundamental duties. 

• 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.

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.
• 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. 

Source: TH