Fundamental Duties in India: Article 51A, Historical Evolution & Distinctions from Fundamental Rights

Article 51A: Civic Responsibility through Fundamental Duties in India #

Fundamental Duties, enshrined in Part IV-A of the Indian Constitution under Article 51A, are a set of moral and ethical principles that guide citizens in their responsibilities towards the nation. These duties were added to the Constitution in 1976 through the 42nd Amendment Act and serve as a reminder that citizenship is not just about rights, but also about obligations.

This topic holds significance for the IAS Exam, as questions related to Duties appear in all three stages of the exam: Prelims, Mains, and the Interview.

Evolution and Significance of Fundamental Duties in the Indian Constitution #

• The Swaran Singh Committee, in 1976, proposed a set of Fundamental Duties, which became necessary during the internal emergency of 1975-77.
• These duties were officially incorporated into the Indian Constitution through the 42nd Amendment Act of 1976, which introduced 10 Fundamental Duties.
• In 2002, the 86th Amendment Act added an 11th Fundamental Duty to the original list of 10.
• These duties are enshrined in Article 51A of Part-IVA of the Indian Constitution.

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Fundamental Duties List #

• There are 11 Fundamental Duties listed in the Indian Constitution under Article 51-A.

Borrowed Principles: Origins of Fundamental Duties in India’s Constitution #

• The concept of Fundamental Rights in India is taken from the United States Constitution.
• India’s Constitution framers incorporated various elements from different global constitutions.
• Fundamental Rights in India are essential rights granted to individuals, ensuring their ability to live with dignity and integrity.

Importance of Fundamental Duties in India #

• Citizens’ Duties Reminder: Remind citizens to be mindful of their duties to the country, society, and fellow citizens while enjoying their rights.
• Anti-National Activities Warning: Warn against anti-national and antisocial activities like burning the national flag and destroying public property.
• Inspiration and Commitment: Inspire citizens to be disciplined, committed, and active participants in achieving national goals.
• Judicial Guidance: Help courts determine the constitutional validity of laws. In 1992, the Supreme Court ruled that laws supporting fundamental duties could be deemed ‘reasonable’ under Articles 14 and 19.
• Legal Enforcement: Parliament can enforce these principles by law, including penalties for failing to fulfill them.

Critiquing Fundamental Duties: Debates on Moral Code and Constitutional Placement

• Critics have raised several concerns about the Fundamental Duties outlined in Part IVA of the Constitution:
• Moral Code: Detractors argue that these duties, being non-justiciable, are essentially a set of moral principles.
  • Some believe their inclusion in the Constitution was unnecessary, as people would naturally follow these duties without constitutional guidance.
• Complex Language: Some of the duties are expressed in a vague and complicated manner, making them difficult for the common person to understand and apply in their daily lives.
• Incompleteness: Critics contend that the list of duties is incomplete, missing key obligations such as voting, paying taxes, and family planning.
  • Notably, the Swaran Singh Committee recommended adding the duty to pay taxes.
• Placement: The placement of Duties as an appendix to Part IV of the Constitution has been criticized for diminishing their importance.
  • Critics argue that they should have been positioned after Part III, alongside Fundamental Rights, to highlight their equal significance.
• Rejected Recommendations: The Swaran Singh Committee had proposed more than 10 Fundamental Duties, some of which were not incorporated into the Constitution.
  • These omitted recommendations included the possibility of parliamentary penalties for non-compliance with these duties, with no legal challenge based on Fundamental Rights or constitutional provisions, and the explicit duty to pay taxes.

These criticisms reflect ongoing debates about the nature and relevance of Fundamental Duties in India’s constitutional framework.

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Fundamental Duties vs. Rights in the Indian Constitution #

• Fundamental Rights and Fundamental Duties together form the core of the Indian Constitution, balancing individual freedoms with societal responsibilities.
• While Fundamental Rights protect citizens from state intrusion, Fundamental Duties promote a sense of civic duty and national consciousness among citizens.
• Know the difference between Fundamental Rights and Duties in the table given below:

Fundamental Duties in the UPSC Context #

• The Chief Justice of India recently emphasized that the Fundamental Duties in our Constitution go beyond being just technical or pedantic rules. Instead, they were included as a means to drive social transformation.
• So, how did these Duties find their way into our Constitution? They drew inspiration from the Constitution of Russia, the former Soviet Union.
• In 1976, the Swaran Singh Committee recommended their inclusion, and they were added as Part IV-A of the Constitution through the 42nd Constitutional Amendment Act.
• Initially, there were ten Fundamental Duties, but in 2002, the 86th Constitutional Amendment Act added one more, bringing the total to eleven. You can find all these duties listed in Article 51-A of the Constitution, which is the only article in Part-IV-A dedicated to them.
• Similar to the Directive Principles of State Policy, it’s important to note that Fundamental Duties are not subject to judicial enforcement; they are non-justiciable.

Fundamental Duties FAQs #

Q1. What are the 11 Fundamental Duties?

Ans. The 11 Fundamental Duties are listed above in the article.

Q2. Which part has Fundamental Duties?

Ans. Fundamental Duties are listed in Article 51A under Part-IV A of the Indian Constitution.