Evaluating Fundamental Duties in India: Criticisms, Comparisons and Recommendations- (Part 02)

Fundamental Duties in India face criticisms for being non-justiciable, vague, and overlapping with existing laws. Critics argue that these duties are limited in scope and their placement in the Constitution diminishes their importance. Additionally, there’s confusion about their applicability during crises, raising questions about their effectiveness.

Criticisms and Comparisons of Fundamental Duties in the Indian Constitution

Criticisms of Fundamental Duties in the Indian Constitution

The Fundamental Duties in the Indian Constitution have faced various criticisms that are as follows:

• Non-Justiciable Nature: A significant criticism of Fundamental Duties is their non-justiciable character. 
  • Unlike Fundamental Rights, which are enforceable by courts, Fundamental Duties cannot be enforced through legal means. 
  • This renders them more akin to moral obligations rather than legal mandates.
• Vagueness and Ambiguity: Some Fundamental Duties are criticized for being vague and ambiguous, leaving room for interpretation and potential misuse. 
  • Example: The duty to “protect and safeguard public property” can be interpreted in various ways and may not provide clear guidelines for individual actions.
• Redundancy And Overlap With Existing Laws: Critics argue that some Fundamental Duties overlap with existing laws and regulations, making them redundant and potentially confusing. 
  • Example: The duty to “abide by the Code of Civil Procedure in the event of any dispute” reiterates the existing legal framework for resolving disputes.
• Limited Scope And Exclusion Of Important Responsibilities: The list of Fundamental Duties is criticized for being limited in scope and not encompassing essential responsibilities like voting, paying taxes, and family planning. 
  • These duties are crucial for the functioning of a democratic society and should be included to promote responsible citizenship.
• Diminished Importance Due To Inclusion In Part Iv-A: The placement of Fundamental Duties in Part IV-A of the Constitution, separate from Fundamental Rights, has been criticized for diminishing their importance. 
  • This segregation suggests that Fundamental Duties are secondary to Fundamental Rights, which are enshrined in Part III.
• Lack Of Clarity During A Crisis Or Emergency: The applicability of Fundamental Duties during a crisis or emergency is unclear. 
  • The Constitution does not explicitly address whether Fundamental Duties can be suspended or restricted during such situations, raising concerns about their effectiveness in exceptional circumstances.

Rights and Duties

Mahatma Gandhi’s View on Rights and Duties: Mahatma Gandhi in the book “Hind Swaraj” observed that “Real rights are a result of the performance of duty”. 

• Rights and duties are closely related and cannot be separated from one another. For every right, there is a corresponding duty. 
• For instance, the State protects and enforces rights, and it is the duty of all citizens to be loyal to the state. Thus, a citizen has both Rights and Duties.

• • According to Harold Laski, “One man’s right is also his duty.”
    • Example: If the State gives the right to life to a citizen, it also imposes an obligation on him to not to expose his life to dangers, as well as to respect the life of others.
  • Article 29 of the Universal Declaration of Human Rights (UDHR): “Everyone has duties to the community in which alone the free and full development of his personality is possible.”

• According to Venkaiya Naidu: “ Fundamental Rights are critically dependent on the discharge of Fundamental Duties since both flow from each other”.

Difference between Fundamental Rights and Fundamental Duties

Important Cases related to Fundamental Duties

• Minerva Mills Ltd. Vs. Union of India (1980) 

• • Challenge to the 42nd Amendment Act: This case involved a challenge to the constitutionality of the 42nd Amendment Act, which had inserted Part IV-A into the Constitution, containing the Fundamental Duties. 
  • Supreme Court Verdict: The Court upheld the validity of the amendment but held that the Fundamental Duties were not enforceable through the courts.

• M.C. Mehta vs Union of India (2000)
  • Case on Protecting the Natural Environment: In this case, the Court dealt with the issue of whether the Fundamental Duty to protect and improve the natural environment included the duty to prevent pollution.
  • Supreme Court Verdict: The Supreme Court required all educational institutions to hold a one-hour lecture on environmental protection and preservation.
  • The Central Government was instructed to include this rule in the curriculum of all educational institutions.
    • The Court issued general directions to the Central Government and citizens for maintaining a healthy ecology and preserving the natural environment.

• In Ramlila Maidan Incident vs Home Secretary (2012)

• • This case dealt with the right to freedom of speech and expression
  • Supreme Court Verdict: The right to freedom of speech and expression is a fundamental right, but that it is subject to reasonable restrictions in the interests of public order, morality, and national security. 
    • The Court also noted that the Fundamental Duty to respect the Constitution and the laws made there is essential to protect freedom of speech and expression.

Recommendations of Various other Committees

Justice Verma Committee

• Supreme Court Notice on Fundamental Duties (1998)

• • • The Supreme Court issued a notice to the Government of India in 1998.
    • The notice inquired about plans to educate citizens on Fundamental Duties.

• Establishment of the Verma Committee (1999)
  • In response, the Government of India formed the Verma Committee in 1999.
  • The committee was chaired by Justice J.S. Verma.
  • It was tasked with examining and recommending steps to educate people about Fundamental Duties.

• Some of its recommendations are as follows:
  • Raising Standards of Citizenship: Fundamental duties will raise the standards of citizens in public life. 
    • Therefore, every individual should obey and promote these duties.
  • Avoiding Selfishness in Public Office: Public officeholders should avoid selfishness or nepotism. 
    • Their foremost priority must be to serve public interests rather than individual interests.
  • Principle of Integrity: Integrity should be the main principle in the functioning of public office.
  • Accountability: Holders of public office must be accountable for their decisions and actions, upholding their Fundamental Duties to the public.
  • Transparency in Decision-Making:  Holders of public office should be as open as possible about all the decisions and actions that they made.
  • Leadership and Setting an Example: Leadership is very important in the sense that holders of public office should promote these principles through leadership skills and set an example.

National Commission to Review the Working of the Constitution (NCRWC)

Initiatives for Implementing Fundamental Duties: The Constitution Review Commission, chaired by M.N. Venkatachaliah also recommended some initiatives to be taken by the government for the successful implementation of Fundamental Duties. 

• Few Of Its Key Recommendations Are:
  • Awareness and Sensitization Campaign: The Union and State governments should sensitize the people and create general awareness about Fundamental Duties amongst the citizens.
  • Encouraging Civic Participation: People should be sensitized about their duty to vote in elections, pay taxes, and actively participate in the democratic process of governance.
  • Implementation of Verma Committee Recommendations: Recommendations of the  Justice Verma Committee on the operationalization of the Fundamental duties of citizens should be implemented as soon as possible.
  • Initiatives by Industrial Organizations: Industrial Organisations should provide education to the children of their employees.

Laws Enforcing Fundamental Duties

Conclusion

Despite criticisms, Fundamental Duties highlight the essential link between rights and responsibilities in a democratic society. 

• They encourage civic engagement and ethical behavior, supporting national integrity and environmental protection. 
• The ongoing recommendations for better implementation reflect their significance in shaping responsible citizenship.

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