Fundamental Duties

Theoretical overview

Fundamental duties are enshrined under article 51-A of the Indian constitution.  The new part IV-A was added to the constitution by the 42^nd amendment in the year 1976 on the recommendations of the Swarna Singh committee. This particular part consists of the fundamental duties under a single article 51-A.

It shall be the duty of every citizen of India – 

1. To abide by the constitution and respect its ideals and institutions, the national flag and the national anthem
2. to cherish and follow the Noble ideals which inspired our national struggle for freedom 
3. to uphold and protect the sovereignty, unity and integrity of India 
4. to defend the country and render national service when called upon to do so 
5. to promote harmony and the spirit of common brotherhood among all the people of India transcending religious, linguistic and regional or sectional diversity
6. to value and preserve the rich heritage of our composite culture 
7. to protect and improve the natural environment including forest, lakes, rivers and wildlife and to have compassion for living creatures 
8. to develop the scientific temper, humanism and the spirit of enquiry and reform
9. to safeguard public property and to abjure violence 
10. to strike towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher level of endeavor and achievements.

Also, by the 86^th constitutional amendment in the year 2002, a new duty has been added to this chapter which increased its number from 10 to 11. The new duty is to provide education to all children in the age group 6-14.

Need for fundamental duties

Where there is a right there is a duty. Rights and duties are correlative in every sense. The fundamental duties provide a constant reminder to every citizen to observe certain basic norms of democratic conduct and democratic behavior as people of India emphasis only on rights and not on duties.

Ancient scriptures dictate the individuals ‘kartavya’, that is, performance of one’s duty towards society, the country and especially towards one’s parents. The Geeta and Ramayana also enjoin people to perform the duties without caring for their rights and these traditional duties have been given constitutional sanction by the enforcement of fundamental duties.

Sources of fundamental duties

It is important to note that none of the constitutions of Western countries specially defines the duties and obligations of citizen but it can be found among the democratic constitution in some sense. The French constitution makes only a passing reference to duties of citizen. Among the socialist countries, the Soviet constitution contains a comprehensive chapter on the citizens duties. Chapter 10 of the Soviet constitution lays down fundamental rights and duties which talks about the duty of every citizen to abide by the constitution and to safeguard and fortify public socialist property as the sacred and inviolable foundation of the Soviet system.

Like the soviet constitution, chapter 2 of the constitution of the republic of China also lays down specific duties upon the people such as the right to work in accordance with its quantity and quality. The one thing that the Indian constitution lacks is to guarantee the right to work to every citizen. To expect a person to do certain duties towards the nation, it is important that the right to work should be guaranteed to him as a discharge of obligation by the state.

Enforcement of fundamental duties

The fundamental duties incorporated by the 42nd amendment is statutory in nature and shall be enforceable by law. Parliament can make provisions for penalty to be imposed for the failure to fulfill these duties and obligation. Moreover, the success of this provision lies on its implementation. It should be a part of the syllabus and curriculum in educational institutions as most of the people of this country are illiterate and not politically conscious of what they owe to society and country

Relevant articles

PART IVA FUNDAMENTAL DUTIES

Article 51A. – Fundamental duties It shall be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e) 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;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) 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

Important case laws

The Unnikrishnan Judgement, provided that all the citizens who are below the age of 14 years have a right to free and compulsory education. Due to an increasing public demand for education, the government worked towards making education a fundamental right. In 2002, an amendment was inserted in Article 51A. Article 51(k) was added after Article 51(j) which stated that it is a fundamental duty of every citizen who is a parent or a guardian to provide opportunities for free and compulsory education to a child who is between 6 years to 14 years of age.

In M.C Mehta (2) vs. Union of India, the Supreme Court held the following:

1. It is compulsory for all the educational institutions to organise a teaching lesson of at least one hour a week on the protection and improvement of the natural environment.
2. It is the duty of the Central Government under Article 51-A (g) to introduce this lesson in all the educational institutions. 
3. The Central Government should also distribute books free of cost on the same subject in all the institutes.
4. To give rise to the consciousness among the people towards a clean environment, the government should organise ‘keep the city clean’ week at least once in a year.

Ramlila Maidan Incident – the court held that the word “fundamental” is used in two separate senses in our Indian Constitution. When this word is used for rights then it means that these rights are very essential and any law which will violate the fundamental rights will be declared as void. But when this word is used for the duties then it is used in a normative sense as it set certain goals before the state which the state should try to achieve.

Points to remember

• Fundamental duties are enshrined under article 51-A of the Indian constitution.  The new part IV-A was added to the constitution by the 42nd amendment in the year 1976 on the recommendations of the Swarna Singh committee 
• Also, by the 86th constitutional amendment in the year 2002, a new duty has been added to this chapter which increased its number from 10 to 11
• The new duty is to provide education to all children in the age group 6-14.
• The Geeta and Ramayana also enjoin people to perform the duties without caring for their rights and these traditional duties have been given constitutional sanction by the enforcement of fundamental duties.
• Among the socialist countries, the Soviet constitution contains a comprehensive chapter on the citizens duties. Chapter 10 of the Soviet constitution lays down fundamental rights and duties which talks about the duty of every citizen to abide by the constitution and to safeguard and fortify public socialist property as the sacred and inviolable foundation of the Soviet system.
• The fundamental duties incorporated by the 42nd amendment is statutory in nature and shall be enforceable by law.