FUNDAMENTAL DUTIES (PART IV-A)

The Fundamental Duties are eleven in number and are contained in Art. 51-A of the constitution. This Article was inserted into the Constitution by the 42nd Amendment Act 1976.In such countries the duties of citizens are governed by common or civil law and Judicial decisions. The Indian Constitution has borrowed the concept of Fundamental Duties from the Constitutions of Socialist countries. But, unlike the Indian Constitution, the constitutions of socialist countries guaranteed the right to work to their citizens whereas in the Constitution of India, right to work person, who is in need of basics of life, may not be able to discharge his duties properly.

The duties enumerated in Art. 51-A are statutory duties and are enforceable by law. Violation of the duties can be met with punishment. But the Constitution does not impose penalty for the violation of the duties. It is left to the Legislatures to prescribe penalty for the violation of specific duties. The Constitution imposes upon the citizen’s definite duties towards the society and towards the State. The eleven duties are as under: -

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 bold 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 or out composite, culture;

g.      To protect and improve the natural environment including forest, lakes, rivers and wild life, and to have compassion for living creatures;

h.      To develop 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   achievement.

k.      who is a present or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. (Eighty Sixth Amendment, 2002)

Recommendation for Fundamental Duties

The recommendation for the inclusion of fundamental duties in the Constitution was made by Sardar Swaran Singh Committee in 1976 following the resolution of All India Congress Committee passed on May 29, 1976 at its meeting  held in New Delhi. The non-inclusion of Fundamental Duties in the Constitution was declared as a historical mistake.

The Swaran Singh Committee recommended for the inclusion of eight fundamental duties. However, the 42^nd Amendment Act, 1976 added ten fundamental duties. These duties are included in Part IVA of the Constitution. Therefore, these duties are also non-justiciable like Directive Principles of State Policy. However, these duties can be enforced by enacting appropriate law for that purpose.

Justice verma committee on teaching fundamental duties to citizens (1998)

The Government constituted the Committee in July 1998 under the Chairmanship of Justice J.S. Verma, former Chief Justice of India to operationalise the suggestions to teach fundamental duties to the citizens of the country.

The operationalisation strategy was based on the maxim that to discharge fundamental duties the onus is on every citizen and there is no one with higher credentials or superior authority to teach fundamental duties to others who alone may be required to imbibe these values and perform the duties. It must be remembered that education is a sub system of the total social system and it is in this context that the recommendations stated in this report should be viewed. Of course a long term strategy for developing a value based society can come only through the instrumentality of education and training.

The salient recommendations include

a)      generating awareness and consciousness,

b)      optimising benefits from existing schemes and programmes,

c)      protection and improvement of environment,

d)      re-orienting approaches to school curriculum,

e)      elimination of gender bias,

f)       re-orienting teachers’ education programmes,

g) incorporating fundamental duties in higher and professional education,

h)      people’s representatives from Panchayat to Parliament,

i)       public administration and civil servants,

j)       administration of justice,

k)      business and industry,

l)       and Media.

The committee has dwelt at length all these salient features to operationalise the suggestions to teach fundamental duties to the citizens of the country.

Key terms

Directive Principles: The Directive Principles of State Policy are not justiciable in Indian Constitution. Directive Principles of State Policy are contained in Part IV of the Constitution and declares the aim and objectives to be taken by the State in the Governance of the country. This part compels the states to implement this policy.

Uniform Civil code: A common code that applies to all people of India irrespective of their religious denominations especially for matrimonial matters. Article 44 of the Constitution specifically provides for the same and obligates every State to secure a uniform civil code.

Political Democracy: Freedom in respect of all political matters as is secured by the provision of fundamental rights in our Constitution.

Social and Economic democracy: An ideal that is being sought to be achieved by the directive principles of state policy that will ensure not only a social parity among the Indians, but income parity as well.

Privy purses:  The concentration of wealth in the hands of the former Princes or rulers.