Fundamental Duties – Part IV A: Nurturing Civic Consciousness And National Unity

Introduction

The Fundamental Duties, enshrined in Part IV-A of the Indian Constitution, represent a set of moral obligations for citizens towards the nation. Introduced by the 42nd Amendment Act in 1976, they aim to promote harmony and the spirit of common brotherhood among the diverse people of India. This new section comprises a single article, namely Article 51A, which delineates a set of Eleven fundamental duties for citizens, marking the first instance of such specified responsibilities.

Important Features of the Fundamental Duties

• Constitutional Amendments: In 1976, Fundamental Duties were added to the Constitution by the 42nd CAA, 1976. 
  • One more Fundamental Duty was added by the 86th CAA 2002, totaling 11 duties.
• Role of Fundamental Duties in Judicial Review: They help the courts in examining and determining the constitutional validity of a law.
• Applicability to Citizens: Fundamental Duties are confined to citizens only and not to foreigners.
• Non-justiciable: These are not justiciable by courts. However, Parliament can enforce this through suitable legislation. [UPSC 2017]
• Role in Judicial Review: As per the Supreme Court (1992), FD helps in determining the constitutional validity of any law, if the law in question seeks to give effect to FDs, it may consider such law to be ‘reasonable’ in relation to Art. 14 or Art. 19 and thus save such law from unconstitutionality.
• Paying taxes and voting in elections are not included in Fundamental Duties.
• Constitutional Inspiration: Inspired by the Constitution of the erstwhile USSR. Rights are correlative with duties. [UPSC 2017].

List of Fundamental Duties

It shall be the duty of every citizen of India-

• To abide by the Constitution and respect its ideals and institutions, the National Flag and National Anthem (not including the National Song).
• To cherish and follow the noble ideals that inspired the struggle for freedom.
• To uphold and protect the sovereignty, unity and integrity of India. [UPSC 2015]
• To defend the country and render national service when called upon to do so.
• To promote the common spirit of brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
• To value and preserve the rich heritage of our composite culture.
• To protect and improve the natural environment, including forests, lakes, and wildlife, (No Mention of Rivers and Ocean) and to have compassion for living creatures etc.
• To develop a scientific temper, humanism and spirit of inquiry and reform.
• To safeguard public property and to abjure violence.
• To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
• As a parent or guardian to provide opportunities for education to his child between the age of 6 and 14 years. (added by the 86th Constitutional Amendment Act, 2002).

Swaran Singh Committee Recommendations on Fundamental Duties

• In 1976, first recommended by the Swaran Singh Committee; its need was felt during the internal emergency (1975-77). 
• The committee suggested a new chapter on fundamental duties in the Constitution and suggested eight Fundamental Duties. These were as below, 
  • To respect and abide by the Constitution and the laws
  • Uphold the sovereignty of the nation and function in such a way as to sustain and strengthen its unity and integrity
  • Respect the democratic institutions enshrined in the constitution and not do anything which may impair their dignity or authority
  • Defend the country and render national service, including military service, when called upon to do so
  • Adjure communalism in any form,
  • Render assistance and cooperation in the implementation of the directive principles of state policy, and promote the common good of the people, so as to subserve the interest of social and economic justice.
  • Abjure violence, protect and safeguard public property, and refrain from doing anything which may cause damage and destruction to such property
  • Pay taxes according to law.

• Recommendation for New Directive: The committee has further recommended that a new directive be included in Article 39,

• • State Policy on Population Control: The state shall direct its policy also to secure population control, through family planning or other suitable measures. 
  • Enforcement Measures: Parliament may, by law, provide for the imposition of such penalty or punishment as may be considered appropriate for any noncompliance with, or refusal to, observe any of these duties. 
  • Immunity of Laws Imposing Penalties: No law imposing such penalty shall be called in question in any court on the ground of infringement of any of the fundamental rights or on the ground of repugnancy to any other provisions of the constitution.
• 42nd CAA, 1976:  Added Part IV-A, Art 51A to the Constitution containing ten fundamental duties of citizens (Presently 11 duties).
• Some of the recommendations of the Swarn Singh committee were not accepted, that include:
  • Penalty or punishment for the non-performance of Fundamental Duties.
  • No law imposing such a penalty or punishment shall be called into question in any court.
  • Duty to pay taxes should also be a Fundamental Duty of the citizens.

Verma Committee on Fundamental Duties of the Citizens (1999)

• • The government of India established a committee under the chairmanship of Justice J S Verma Committee, known as Verma Committee on Fundamental Duties of the Citizens (1999) to scrutinize the practical facets of Fundamental Duties (FD) and propose measures aimed at educating and instilling in people the importance of adhering to FD.
• The Verma Committee made the following recommendations: 
• Fundamental Duties will raise the standards of the citizen in public life.
• Public officeholders should avoid selfishness or nepotism. 
• Integrity should be the main principle in the functioning of public office.
• Holders of public office must be accountable for their decisions and actions to the public. 
• They should be as open as possible about all the decisions and actions which were taken by them. 
• Public officials should maintain honesty while in office. 
• Leadership is very important in the sense that holders of public office should promote these principles through leadership skills and set an example.
• Reorienting approaches to the school curriculum and teacher’s education programmes and incorporating FDs in higher and professional education.
• • Strengthening Society and Nation through Fundamental Duties: Fundamental Duties can strengthen the foundation of society and nation. 
    • An effective implementation of the rules is essential for the effective fulfillment of duties. 
    • That is possible if favourable attitudes and commitment to obey duties are created among the citizens of India. 
  • Verma Committee’s Identification of Existing Acts for Enhancing Awareness of Fundamental Duties: To increase awareness among the people of India, the Verma Committee had identified a few existing acts by which a proper implementation of such duties can be accomplished. These are discussed below: 
• The Representation of People Act,1951
• The Unlawful Activities Protection Act, of 1967 
• The Protection of Civil Rights Act, 1955
• The Wildlife Protection Act, 1972
• The Prevention of Insults to National Honour Act, 1971
• The Forest Conservation Act, 1980: 
• Supreme Court Directive: SC directed the Central Government in August 2003 to implement the recommendations of the National Commission to Review the Working of the Constitution (2000) and Verma Committee (1999). 

Conclusion

• Fundamental duties, outlined in Article 51A of the Indian Constitution, serve as a pivotal aspect of citizenship, emphasizing the reciprocal relationship between rights and responsibilities. 
• Enshrined to promote a sense of civic consciousness and national unity, these duties play a crucial role in fostering a harmonious and progressive society.