In this article of Legalkhabar.online, we will study about fundamental duties enshrined in Constitution of India.
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Fundamental Duties are mentioned in our Constitution, inspired by the Constitution of erstwhile USSR. Its Surprising, because if we evaluate constitution of other democratic Countries like USA, Canada, Germany, France they don't have this list added in their constitution, hence it's Unique in nature.
But in Socialist Countries, on the contrary, we can find Japan and other states giving equal importance to both fundamental rights and duties of their citizens.
Swaran Singh Committee Recommendations
In 1976, the congress party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need and necessity of which was felt during the operation of the internal emergency 1975 to 1977.
The Committee Recommended to introduce a new chapter for inclusion of Fundamental Duties in the Indian Constitution, they stated that people should stay aware of their rights and duties as well. Finally the Congress Government at center accepted the recommendations made by the committee and enacted the 42nd Constitutional Amendment Act in 1976, this amendment lead to inclusion of Part IV A in the constitution. This new Part consist of only one article i.e., Article 51 A which consist of list of fundamental duties.
List of Fundamental Duties:
According to Article 51A, these are the fundamental duties provided to Indian citizens:
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 that inspired the 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 amongst all people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women;
6) to value and preserve the rich heritage of the country's composite culture;
7) to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures;
8) to develop scientific temper, humanism and the spirit of inquiry and reform;
9) to safeguard public property and to abjure violence;
10) 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
11)to provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by 86th amendment act, 2002.
Features of Fundamental Duties:
1) Some of them are moral duties while others are civic duties. For instance, cherishing noble ideals of freedom struggle is a moral precept and respecting the constitution, National flag and National Anthem is a civic duty.
2) These duties are referred to such values which have been a part of the Indian traditions, mythology, religious and practices.
3) Unlike some of the Fundamental Rights which extend to all persons whether citizens or foreigners, the Fundamental Duties are confined to Citizens only and do not extend to foreigners.
4) Like DPSP'S, Fundamental Duties are also non-justiciable.
Significance of Fundamental Duties:
1) They serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society and to their fellow citizens.
2) They serve as a warning against the anti-national and anti social activities like burning the national flag, destroying public property and so on.
3) They serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them. They create a feeling that the citizens are not mere spectators but active participants in the realization of national goals.
Criticism of Fundamental Duties:
1) The list is not exhaustive as it does not cover other important duties like casting vote, paying taxes, family planning and so on.
2) Some of the duties are vague, ambiguous and difficult to be understood by the common man.
3) The have been described by the critics as a code of moral precepts due to their non-justiciable character.
4) The Critics said that the inclusion of fundamental duties as an appendage to part IV of the constitution has reduced their value and significance.
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