Table of Contents

List and Application of Fundamental Duties ......................................................3

Swaran Singh Committee................................................................................... 4
Characteristics and significance of Fundamental Duties.................................... 4
Criticisms of Fundamental Duties...................................................................... 5
Important Judgments........................................................................................ 5
Laws implementing FD...................................................................................... 6
FUNDAMENTAL
DUTIES
42nd Amendment added Fundamental Duties to the Indian Constitution (Swaran
Singh Committee recommendation) in 1976 through Part IV-A and Article 51-A,
initially listing ten duties.

86th Amendment: Added an 11th duty in 2002, making it a duty for parents to provide
education to children aged 6-14.

Fundamental Duties emphasize the moral obligations and commitments of citizens towards
society and the nation, highlighting the inseparable nature of rights and duties. Countries
like China, Netherlands, Vietnam, and Japan have included Fundamental Duties in their
constitutions.

Verma committee recommended including Fundamental Duties in school curricula and

making voting in elections a Fundamental Duty.

List and Application of Fundamental

Duties
Article 51A - Fundamental Duty Application
(a) To abide by the Constitution and respect its
Standing up in movie theatres during the
ideals and institutions, the National Flag and
national anthem
the National Anthem
(b) To cherish and follow the noble ideals that Including Desh Bhakti curriculum in school
inspired the national struggle for freedom syllabus
(c) To uphold and protect the sovereignty, SATARK NAGRIK SURAKSHIT DESH – being
unity, and integrity of India vigilant
(d) To defend the country and render national
Volunteering during COVID-19 crisis
service when called upon to do so
(e) To promote harmony and the spirit of
common brotherhood amongst all the people of
Stopping mob lynching or honor killings;
India, transcending religious, linguistic, and
objecting to the objectification of women in
regional or sectional diversities, and to
advertisements
renounce practices derogatory to the dignity of
women
(f) To value and preserve the rich heritage of
Stopping graffiti on the walls of monuments
the country’s composite culture
(g) To protect and improve the natural
environment, including forests, lakes, rivers,
Reusing, reducing, and recycling plastic waste
and wildlife, and to have compassion for living
creatures
(h) To develop the scientific temper,
Avoiding falling prey to fake news
humanism, and the spirit of inquiry and reform
Article 51A - Fundamental Duty Application
(i) To safeguard public property and to abjure
Adhering to peaceful protests
violence
(j) To strive towards excellence in all spheres of
individual and collective activity so that the
Valuing entrepreneurship and start-up culture
nation constantly rises to higher levels of
endeavour and achievement
Increased consciousness among citizens
(k) To provide opportunities for education to
regarding the importance of education, seen in
his child or ward between the age of six and
the increased enrollment ratio at primary and
fourteen years
secondary levels

Swaran Singh Committee

Aspect Details
In 1976, the Indira Gandhi government set up a Committee under Sardar
About Swaran Singh to recommend fundamental duties during the internal
emergency (1975-1977).
Unaccepted
Paying taxes: Duty to pay taxes as a Fundamental Duty was
Recommendatio
recommended.
ns
Penal provisions: Parliament could impose penalties for
non-compliance with duties.
Doing away with Judicial review: Laws imposing penalties for
non-compliance would not be questioned for violating Fundamental
Rights.

Characteristics and significance of

Fundamental Duties
Characteristic Description Specific Examples

Non-Justiciable Fundamental Duties are not No citizen can be legally

enforceable by law, meaning no compelled to sing the national
legal action can be taken if they anthem, but respect during its
are not followed. rendition is expected.

Moral and Civic Serve as moral guidelines for civic To renounce practices derogatory
Obligations behavior to promote discipline to the dignity of women
and commitment to the nation.

Parliament can impose penalties

Enforceable by
for failing to follow Fundamental Flag Code of India
Law
Duties.

Promotive of Reflect and reinforce Duty to uphold and protect the

Constitutional constitutional principles like sovereignty, unity, and integrity of
Ideals sovereignty, unity, and integrity. India (Article 51A).
Comprehensive Cover a wide range of Duty to protect and improve the
in Scope responsibilities from natural environment including
environmental to cultural, forests, lakes, rivers (Article
promoting overall civic sense. 51A(g)).

Inspirational Inspire citizens to participate Promotes involvement in

Role actively in national development community services and
and uphold national pride. observance of laws promoting
national interest.

Promoting communal harmony

Represents traditional Indian
Rooted in Indian during festivals and public
values like tolerance, peace, and
Culture celebrations to maintain peace
communal harmony.
and unity.

Instrumental in Influence legal interpretations Courts may refer to duties like

Legal Framework and support the enactment of promoting harmony (Article
laws aligned with civic 51A(e)) when adjudicating cases
responsibilities. on communal harmony.

Guidance for Guide the state in formulating Influence policies related to

State Policies policies that reflect the environmental conservation,
fundamental values of the education, and cultural heritage
Constitution. preservation.

Criticisms of Fundamental Duties

Criticism Details Example
Duties are seen as redundant as people Citizens respecting the national flag
Superfluous
would perform them without even before it was mandated by
Nature
constitutional mention. Fundamental Duties.
Described as moral precepts without
Non-Justicia No legal consequences for not
penalties or punishments for
ble Nature developing a scientific temper.
non-performance.
An Incorporation in Part IV-A reduces their
Duties not given equal importance as
appendage value; should have been placed after
rights in constitutional placement.
to Part IV Fundamental Rights.
Terms like ‘noble ideals’ and ‘scientific
Vague and Common people may find it hard to
temper’ are difficult to understand and
Ambiguous define and practice ‘scientific temper’.
interpret.
No constitutional mandate for citizens
Non-Exhaust Not comprehensive; important duties like
to pay taxes or participate in
ive List paying taxes or voting are missing.
elections.

Important Judgments
Case Name Summary of Judgment
Chandra Bhavan Upheld minimum wage legislation, emphasizing the balance of rights
Boarding v State and duties.
of Mysore 1969

Balaji Raghavan v Upheld the constitutionality of National Awards, linking them to the
Union of India duty of striving toward excellence. (Article 51A(j))
1995

M.C. Mehta v Stressed the duty to protect and improve the natural environment.
Kamal Nath II (Article 51A(g))
2000

Javed v State of Supported a law limiting the number of children one can have for
Haryana 2003 eligibility in local elections.

In Re Ramlila Discussed the duty to obey lawful orders and maintain public order
Maidan Incident during a protest eviction incident.
2012

Laws implementing FD
Aspect Details Example
Membership of Parliament or State
Representation of Disqualifying MPs/MLAs
Legislatures can be rejected for
People Act, 1951 involved in corruption.
corrupt activities.
Unlawful Activities Bans sectarian organizations to Prohibiting extremist groups
Protection Act, 1967 maintain peace and stability. to ensure national security.
Legal actions against
Protection of Civil Punishes those practicing
individuals promoting
Rights Act, 1955 untouchability.
untouchability.
Penalizing poachers and
Wildlife Protection Prohibits illegal trading of animals to
traders of endangered
Act, 1972 protect endangered species.
wildlife.
Prevention of Insults Punishing individuals
Prohibits insults to the national
to National Honour disrespecting the national
anthem, flag, and Constitution.
Act, 1971 symbols.
Forest Conservation Prohibits the destruction of natural Restricting deforestation and
Act, 1980 forests; regulates their use. regulating forest land use.