Fundamental Duties were originally not present in the
constitution and were added by 42nd Amendment Act, 1976 on the
recommendation of Swaran Singh Committee.
Every citizen of India enjoys Fundamental Rights enshrined in the
Constitution and is bound by 11 Fundamental Duties as
listed in Article-51A of Part-IVA of the
Constitution.
The Fundamental Duties are non-justiciable in nature and act as
a moral obligation on a citizen of India.
Topics Covered:
Fundamental Duties [Part-IV Article-51A]
1) Inspiration:
The Fundamental Duties of India are inspired from the constitution of USSR.
-
Constitution of USSR declared that rights and freedom exercised by
the citizens is inseparable from the duties to be performed by
them.
2) Were Fundamental Duties part of original constitution?
Fundamental Duties was originally not present in Constitution and
was added by 42nd Amendment Act, 1976 based on the recommendations of Swaran Singh Commitee report.
3) Which is the only democratic country to have list of duties
of citizen?
Japan is the
only democratic country in the world whose constitution contains a list
of duties of citizen.
Note : Countries like USA, Canada, France, Germany, Australia, etc., does not contain any specific list of duties for the citizens.
4) Are Fundamental Duties justiciable in nature?
Fundamental duties are non-justiciable in nature i.e., cannot be enforced directly by the courts.
However, these can be enforced by a law made by the Parliament.
5) List of 11 Fundamental Duties of India:
There are total of 11 fundamental duties to be followed by every
citizen of India.
Note:
- 11th Fundamental Duty was added by 86th Constitutional (Amendment) Act, 2002
(i) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem,
(ii) To cherish and follow the noble ideals that inspired the national struggle for freedom,
(iii) To uphold and protect the sovereignty, unity and integrity of India,
(iv) To defend the country and render national service when called upon to do so,
(v) To promote harmony and spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women,
(vi) To value and preserve the rich heritage of the country's composite culture,
(vii) To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures,
(viii) To develop scientific temper, humanism and the spirit of inquiry and reform,
(ix) To safeguard public property and to abjure violence,
(x) To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievements, and
(xi) To provide opportunities for education to his child or ward between the age of 6 and 14 years.
6) Features of Fundamental Duties:
The important features of Fundamental Duties of India are:
a) Fundamental duties are applicable to citizens of India and not to foreigners,
b) Fundamental Duties of India are non-justiciable in
nature i.e., cannot be enforced directly by the courts. There is
no legal sanction against their violation.
However, these can be enforced by a law made by the Parliament.
c) Some of the Fundamental duties are Moral duties while some are civic duties.
Example :
-
Moral Duty: cherishing and following the noble ideals that inspired the national struggle for freedom
- Civic Duty: respecting Constitution, National anthem and National Flag.
d) It contains a codification of tasks which are integral to the Indian
way of life i.e., it refers to such values which have been part of
tradition of India, religion, mythology and practices.
7) Criticism of Fundamental Duties:
The Fundamental Duties of India have been criticized by the critics because of following reasons:
a) Fundamental Duties are non-justiciable in
nature and merely a code of moral precepts.
Although Swaran Singh Commitee suggested to impose penalty or punish the person who infringes Fundamental Duties, but this suggestion was not included in the final version of fundamental duties.
b) The list of Fundamental Duties is not complete as it does not cover
important duties like :
-
paying taxes (suggested by Swaran Singh Commitee,
but not included in the list of fundamental duties)
-
cast vote
-
family planning
c) The inclusion of Fundamental Duties after Part-IV (Directive
Principles of State Policy) of the constitution reduces its value and
importance. It would have been better if Fundamental Duties were added
after Part-III i.e., Fundamental Rights.
d) Some of the duties are ambiguous and vague. They
are difficult to be understood by common man and not clear in
meaning.
Example :
Phrases like 'scientific temper', 'noble ideals', 'composite
culture'.
8) What is significance and importance of Fundamental Duties?
Fundamental Duties of India holds immense importance because:
a) Fundamental duties help courts in examining and determining
constitutional validity of law.
b) They are enforceable by law i.e., Parliament can form law to impose
penalty or punishment for infringement of Fundamental Duty.
c) Fundamental Duties act as a warning against anti-national and
anti-social activities like :
-
Destroying public property,
-
Burning National Flag
d) Fundamental Duties act as a reminder to the citizens that
along with enjoying fundamental rights, they are bound to follow certain
fundamental duties.
e) Fundamental Duties act as a source of inspiration for the citizens
and helps to promote commitment and discipline among them.
It helps to create a feeling among the citizens that they are not mere spectator rather they are active participants in the realization of national goals.
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