Indian Fundamental Duties: Role, Evolution & Constitutional Significance

“We must focus on duties and right would take care of themselves” – M.K Gandhi

India’s Fundamental Duties and Civic Responsibilities

• Since ancient times, “Dharma” as a sense of duty has been integrated into the Indian way of life.
• Inclusion of Fundamental Duties as per Part IVA is a constitutional endorsement of the Indian way of life—tolerance, mutual respect, pluralism, dignity of women, inter alia.
• Rights and duties are two sides of the same coin, integral, inseparable, and correlative.
• Performance and observance of Fundamental Duties would fulfill the promises of Part III and IV.
• Fundamental Duties serve as a warning and reminder against anti-social activities.
• Fundamental Duties signifies and envisages citizen’s active role in the process of nation-building rather than mute spectator. 
• The Indian constitution consists of 11 codified Fundamental Duties in Article 51A.

Evolution of Fundamental Duties: From State Responsibilities to Citizen Commitments #

• Originally, the Constitution incorporated the duties of the State (DPSPs) only and not for citizens.
• For the first time, the need and necessity of Fundamental duties were felt during the internal emergency (1975–1977).
• Added by the 42nd CAA 1976, on recommendations of the Swaran Singh Committee (Committee recommended only Eight Duties, amendment added ten duties). 
• One more duty added by 86th CAA 2002 – 51A(k) = a total of 11 duties.
• Fundamental Duties are non-enforceable and non-justiciable in nature, parliament can implement them with legislative enactments.
• The idea of Fundamental Duties was inspired by the USSR constitution (Now Russia).
• Fundamental Duties are applicable only to citizens of India and do not extend to foreigners.
• The Japanese Constitution is the only democratic constitution in the world with a list of duties of citizens.
• Interestingly, socialist countries accord equal importance to the fundamental rights and duties of their citizens.
• Duties are much more inclusive and comprehensive in spirit; they cover women, the environment, tolerance, education, the unity and integrity of India, and the noble ideals of the national movement, among others.

Citizen Duties in India: Constitutional Mandates and Proposed Revisions #

Recommendations of India’s Swaran Singh Committee (1976) on Fundamental Duties:

• Constitutional Enhancement: Recommended the inclusion of a separate chapter on fundamental duties in the Constitution included along with the existing fundamental rights in the constitution which consists of only one article – Article 51A
• Proposed Eight Duties: Suggested the incorporation of eight Fundamental Duties in the Constitution.
• Legal Reinforcement: Parliament may provide legislation for the imposition of penalty or punishment for non-observance or infringement of duties.
• Limiting Judicial Review: Law imposing penalty or punishment shall be out of the purview of judicial review on the ground of infringement of any of Fundamental Rights or on the ground of contravention to any other provision of the Constitution. 
• Adding Financial Responsibility: Paying taxes according to law  should also be a Fundamental Duty of the citizens. 
• However, Duty to pay tax, imposition of penalty by parliament and protection of such law which imposes penalty were recommended by the Swaran Singh Committee but not  included in Fundamental Duties. 

Vision and Proposals of India’s Verma Committee (1999) on Fundamental Duties #

• Recommended reorienting approaches to school curriculum and teacher’s education programmes and incorporating FDs in higher and professional education.
• National Commission to Review the Working of the Constitution (2002) recommended implementing the Justice Verma Committee recommendations. 
• In 2003, the Supreme Court directed the Central Government to enact a law for the enforcement of FDs by citizens as recommended by the Justice Verma Committee.

Verma Committee (1999) and the Legal Landscape of Fundamental Duties in India: #

• Prevention of insults to National Honour Act (1971) 
• Protection of Civil Right Act (1955)
• Representation of people Act (1951) 
• Wildlife Protection Act (1972) 
• Forest Conservation Act (1980)
• Unlawful Activities (Prevention) Act of 1967

The Verma Committee Recommendations: For creating more awareness and consciousness of Fundamental Duties among citizens, organizing advocacy and sensitization programmes

• Visible Reminders: Article 51A on Fundamental Duties to be appropriately displayed on all government publications, diaries, calendars and at public places so that they always remain in the focus of the citizens.
• Establishing a Guardian of Citizenship Values: Need to set up an autonomous body to act like ombudsman on Citizenship Values which could create a mechanism to act as catalyst towards overseeing operationalization of FundamentalDuties
• Democratizing Awareness: Small booklets on various aspects of Fundamental Duties written in a language easy to understand could also be developed for different levels of citizens
• Media Responsibility: The media should exercise considerable circumspection on the programmes, serials, pictures, news and advertisements affecting the morality or the decency of our people and cultural heritage of the country
• Ethical Reporting: Media has a duty to avoid presenting acts of violence, armed robberies and terrorist activities in a manner that glorifies the perpetrators’ acts, declarations or deaths in the eyes of the public.
• Environment issues need more space in the media. 
• January 3 is to be observed as Fundamental Duties Day.

Constitutional Relationship between Fundamental Duties and Rights in India: #

Supreme Court (1992) Perspectives on Fundamental Duties in India: #

• 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 saving such law from unconstitutionality. 
  • States can make laws to prevent violation of duties.
  • Duties cannot be imposed by writs.
  • Duties are confined only to citizens of India and not applicable to Foreigners.

Essence and Impact of Fundamental Duties: Building Citizenship, Ensuring Integrity #

• Reminder to Citizens: The Constitution has given rights to citizens, It should be used in such a way that it should neither be a threat to India nor should it encroach on the rights of fellow citizens. 
  • Thus It constantly  reminds citizens upholding these rights.
• Warning Against Anti National and Anti Social Elements: Nation’s pride, property, dignity of women, etc should be protected, Fundamental duties gave warning that one should protect the National ideals and values and similarly protect the dignity of women.
• Belongingness to the Nation: It motivates the citizen that this country belongs to him and He ought to protect it. 
  • It helps to build and grow Nationalism among the Citizens.
  • It promotes a sense of discipline and commitment to fulfill their dreams and aspirations while enjoying rights.
• Constitutionalism: It  guides the court in determining the constitutional validity of law. 
  • If any law passed to give effect to any of the Fundamental rights such law can be considered to be valid  in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.
• Synthesis of moral duties (E.g. noble ideals of freedom struggle) and civic duties (E.g. respecting the Constitution).
• Duties only integrate and codify the Indian way of life prevalent since antiquity.

Criticism Of Fundamental Duties: Debating Clarity, Sequence, and Significance in India’s Constitution #

• The Challenge of Clarity: Terms are vague and difficult to comprehend by common man, leads to different interpretations
  • Example: Noble ideals, strive toward excellence, spirit of enquiry.
• Non-Justiciable Moral Precepts: Merely the code of moral precepts due to their non-justiciable nature.
• Wrongly Sequenced: Should have been added after Part III so as to keep them on par with Fundamental Rights.
  • Mere appendage to Part IV (DPSPs) and increased the burden of Part III (FR)
• Notable Omissions in the List: List is not exhaustive enough – Paying taxes, voting in elections not included.
• Debating the Significance: Fundamental Duties mentioned in the constitution are superfluous as these are upheld by the citizens even if they are not mentioned in the constitution .

NCRWC’s Recommendations for Expanding Fundamental Duties in India’s Constitution:

• Duty to foster the spirit of family values and responsible parenthood.
• Duty to pay taxes
• Duty to vote
• Duty of industrial organization to provide education to the children of their employees.

Previous Year Question (Prelims)

Q. Which of the following statements is/are true of the Fundamental Duties of an Indian citizen? [2017]

1. A legislative process has been provided to enforce these duties.
2. They are correlative to legal duties.

Select the correct answer using the code given below:

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Q. “To uphold and protect the Sovereignty, Unity and Integrity of India” is a provision made in the_________ [2015]

1. Preamble of the Constitution
2. Directive Principles of State Policy
3. Fundamental Rights
4. Fundamental Duties

Q. Which of the following is/are among the Fundamental Duties of citizens laid down in the Indian Constitution? [2012]

1. To preserve the rich heritage of our composite culture.
2. To protect the weaker sections from social injustice.
3. To develop the scientific temper and spirit of inquiry.
4. To strive towards excellence in all spheres of individual and collective activity.

Select the correct answer using the codes given below:

1. 1 and 2 only
2. 2 only
3. 1, 3 and 4 only
4. 1, 2, 3 and 4

Q. Under the constitution of India, which one of the following is not a fundamental duty? [2011]

1. To vote in public elections
2. To develop the scientific temper
3. To safeguard public property
4. To abide by the Constitution and respect its ideals