INDIAN CONSTITUTION

The Constitution of a country may be regarded as the fundamental law of the land, pertaining to
the institution of the State and government of that country: It delineates the powers and
responsibilities of the various instrumentalities of the State, imposes limitations upon them and
regulates the relations between the State and its population. It also embodies, and even strives to
construct, a common national, political and constitutional identity for the people it covers.

Indian constitution, one of the utmost admired constitutions in the world was enacted after
‘ransacking’ all the known constitutions of the world at that time. This constitution that we have
enacted has stood the test of times. Though provisions were borrowed from other constitutions,
the constitution of India has several salient features that distinguish it from constitution of other
countries.

A constitution is an important document laying down the fundamental principles of a country

and the country is governed by these principles. Laws are also formulated according to them.
The constitution is regarded as the fundamental law of a country.

The fundamental duties serve as a reminder to citizens that while enjoying their rights, they have
also to be quite conscious of duties they owe to their country, their society and to their fellow-
citizens. However, like the Directive Principles, the duties are also non-justiciable in nature.

EMERGENCE OF FUNDAMENTAL DUTIES

Though the rights and duties of the citizens are correlative and inseparable, the original
constitution contained only the fundamental rights and not the fundamental duties. In other
words, the framers of the Constitution did not feel it necessary to incorporate the fundamental
duties of the citizens in the Constitution.

Later in 1976, through the 42nd Amendment Act the fundamental duties of citizens were
added in the Constitution. In 2002, one more Fundamental Duty was added.

The Fundamental Duties in the Indian Constitution are inspired by the Constitution of
erstwhile USSR.
• 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 (1975-1977).

• The committee recommended the inclusion of a separate chapter on fundamental duties in

the Constitution. It stressed that the citizens should become conscious that in addition to
the enjoyment of rights, they also have certain duties to perform as well. The Congress
Government at Centre accepted these recommendations and enacted the 42nd
Constitutional Amendment Act in 1976.

• This amendment added a new part, namely, Part IVA to the Constitution. This new
part consists of only one Article, that is, Article 51A which for the first time
specified a code of ten fundamental duties of the citizens.

• Though the Swaran Singh Committee suggested the incorporation of eight Fundamental
Duties in the Constitution, the 42nd Constitutional Amendment Act (1976) included ten
Fundamental Duties.

• The Fundamental Duties are an important part of Indian Constitution. The duties
prescribed, embody some of the highest ideals preached by our great saints, philosophers,
social reformers and political leaders. No Duties of the Citizen were incorporated in
the original constitution of India at the time of its commencement in 1950.

• 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 earlier that year. The Fundamental Duties help
to regulate the behaviour of the citizens and to bring about excellence in all the
spheres of the citizens.

• The concept was borrowed for former USSR. It entails that rights always goes with
duties. Hence, they are complimentary to fundamental rights. It was added by the 42nd
Amendment Act, 1976. The amendment added Part IVA and Article 51A.

• According to the fundamental duties provided in Article 51A,

 • It shall be the duty of every citizen of India:

• (a) To abide by the constitution and respect the National Flag and the National Anthem.

• (b) To cherish and follow the noble ideals which inspired our national struggle for
freedom.

• (c) To protect the sovereignty, unity and integrity of India.

• (d) To defend the country.

• (e) To promote the spirit of common brotherhood amongst all the people of India

• (f) To preserve the rich heritage of our composite culture.

• (g) To protect and improve the natural environment.

• (h) To develop the scientific temper and spirit of inquiry.

• (i) To safeguard public property.

• (j) To strive towards excellence in all spheres of individual and collective activity.

• (k) Who is a parent 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.

FEATURES

• Both moral and civic duties have been laid down under the fundamental duties

• Fundamental rights can be applied to foreigners also but the fundamental duties are only
restricted to the Indians citizens.

• The fundamental duties are not enforceable in nature. No legal sanction can be enforced
by the government in case of their violation.

• These duties are also related to Hindu traditions or mythology like paying respect to the
country or promoting the spirit of brotherhood.

ENFORCEABLITY
 The fundamental duties are not enforceable by any court. They are prescribed as a binding
value to the citizens. The citizens must undertake to abide by the fundamental duties and
perform the duties as a responsibility to enjoy their fundamental rights.

SIGNIFICANCE

• In spite of criticisms and opposition, the fundamental duties are considered significant
from the following viewpoints:

• 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 antisocial 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 realisation of national goals.

• 4. They help the courts in examining and determining the constitutional validity of a law.
In 1992, the Supreme Court ruled that in determining the constitutionality of any law, if a
court finds that the law in question seeks to give effect to a fundamental duty, it may
consider such law to be 'reasonable' in relation to Article 14 (equality before law) or
Article 19 (six freedoms) and thus save such law from unconstitutionality.

• 5. They are enforceable by law. Hence, the Parliament can provide for the imposition of
appropriate penalty or punishment for failure to fulfill any of them.

• Fundamental Duties are the legal responsibilities bestowed upon the citizens to perform.

• Fundamental Duties are the moral responsibilities of all the citizens that need to be
performed by them in order to achieve prosperity and uphold the unity of the nation.

• Fundamental Duties are non-justiciable and hence can’t be taken to the court of law.