Fundamental Duties: Part-IVA of Indian Constitution

September 8, 2019
Parts of Constitution, Polity

Fundamental Duties!!!

The rights and duties of the citizens are inseparable. Though, the original constitution contained only the fundamental rights and not the fundamental duties.

So, guys after reading the Fundamental Rights, you must have realized that in return for every right, the society expects the citizens to do certain things which are collectively known as duties. It is a very obvious fact right comes with the responsibilities.

Forefathers of Constitution expected that the citizens of free India would perform their duties willingly.

Fundamental Duties were not explicitly mentioned in the Original Indian Constitution
Fundamental Duties were not explicitly mentioned in the Original Indian Constitution

But things did not go as expected. So, by the 42nd Constitutional Amendment Act, 1976, Fundamental Duties were added in the Constitution of India. So, Fundamental Duties are Part-IVA of the Indian Constitution.

Fundamental rights are justiciable but fundamental duties are non-justiciable. The Fundamental Duties in the Constitution are inspired by the constitution of the USSR.

Recommendation of Swaran Singh Committee

In 1976, The Sardar Swaran Singh Committee make a recommendation about fundamental duties. The need and necessity were felt during the internal emergency (1975-77).

It stressed that the citizens should become conscious that in addition to the enjoyment of rights, they also have certain duties to perform as well.

The then Congress Government at Centre accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976. This amendment added a new part, namely, Part IVA to the Constitution.

List of Fundamental Duties

According to Article 51 A, it shall be the duty of every citizen of India, to

  • Abide by the Constitution and respect its ideals and institutions, the National Flag, National Anthem;
  • Cherish and follow the noble ideals which inspired our national struggle for freedom;
  • Uphold and protect the sovereignty, unity, and integrity of India;
  • Defend the country and render national service when called upon to do;
  • Promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women;
  • Value and preserve the rich heritage of our composite culture;
  • Protect and improve the natural environments including forests, lakes, rivers, and wildlife;
  • Develop the scientific temper, humanism and the spirit of inquiry and reform;
  • Safeguard public property and not to use violence; and
  • Serve towards excellence in all spheres of individual and collective activity.
Article 51A of the Indian Constitution: Duties are equally important as rights are.
Article 51A of the Indian Constitution: Duties are equally important as rights are.

Nature of Fundamental Duties

Duties are actually a code of conduct. They are non-justiciable by the court of law. Though these duties are a little bit tough to understand by a common citizen.

For example, a common citizen may not understand what does ‘composite culture’, ‘rich heritage’ ‘humanism’, or ‘excellence in all spheres of individual and collective activities’ mean? So, common masses will realize the importance of these duties only when these terms are simplified.

Demand has been made from time to time to revise the present list. People are asking to simplify the language and make them more realistic. But as far as it is non-justiciable people certainly will not bother for their duties, they only shout for their rights. So, they should be made justiciable.

Significance and Criticism of Fundamental Duties

Significance

  • Fundamental Duties serve as a reminder for the citizens to be conscious of duties while enjoying their rights.
  • Fundamental Duties serve as a warning against the anti-national and antisocial activities.
  • They serve as a source of inspiration for the citizens and promote a sense of discipline and commitment.
  • It creates a feeling that the citizens are active participants in the realization of national goals.
  • They help the courts in examining and determining the constitutional validity of a law. 
  • They are enforceable by law. The Parliament can provide for appropriate penalty or punishment for failure to fulfil any of them.

Criticism

  • The list of duties is not exhaustive. It does not cover other important duties like casting vote, paying taxes, family planning, etc. (Swaran Singh Committee recommended duty to pay taxes)
  • Some of the duties are vague, ambiguous and difficult to understand by the common man. for example phrases like ‘Nobel ideals’, ‘composite culture’, ‘scientific temper’.
  • Since they are non-justiciable. Some critics describe them as a code of moral guidelines. (Swaran Singh Committee had suggested for penalty or punishment for the non-performance of Fundamental Duties)
  • Their inclusion in the Constitution is unnecessary as per critics as these included duties would be performed by the people even if they were not in the Constitution.

So, guys, this was all about Fundamental Duties. People generally shout for their Fundamental Rights, very few of them even know their duties. So, this addition of duties was a must Constitutional amendment. 🇮🇳

Thanks and Stay Civilized. 😊

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