The Fundamental Duties owes its existence in the Indian Constitution to the prior USSR constitution with due modifications. Some of the important points regarding them are as follows:

  • They imply the moral duties of all the citizens of a country
  • The entire Fundamental Duties of the constitution were listed in Article 51A of the Indian constitution to promote a sense of patriotism in the country
  • They were not part of the Indian constitution originally. They were introduced by the 42nd and 86th constitutional amendment acts
  • There are eleven fundamental duties. It is considered a valuable asset in the Indian constitution
  • Fundamental duties are non-enforceable
  • It proves to be a valuable guide to interpreting the constitution

Swaran Singh Committee Recommendations 

Amid the internal emergency, the Swaran Singh Committee was formed to recommend that the then government incorporate their new idea of fundamental duties in the constitution. The congress government acknowledged this recommendation. Hence, it came into force in 1976. The recommendations were acknowledged by the congress government and the 42nd constitutional amendment act of 1976 enacted it.  Only eight fundamental duties were recommended by the Swaran Singh Committee. But the 42nd constitutional amendment act of 1976 included ten fundamental duties.

The recommendations provided by the committee which were not incorporated are:

  • Refusal to observe or non-compliance with these fundamental duties would call for punishment/penalty
  • Any law imposing this penalty will not be challenged in court on the basis of a violation of fundamental rights or a breach of any other provision of the constitution
  • Paying taxes should be enlisted as a fundamental duty

Article 51A of The Indian Constitution 

Article 51 A of the Indian Constitution enlists 11 Fundamental duties. They are mentioned below.

It shall be the duty of every citizen of India- 

  1. To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem;
  2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
  3. To uphold and protect the sovereignty, unity and integrity of India;
  4. To defend the country and render national service when called upon to do so;
  5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practises derogatory to the dignity of women;
  6. To value and preserve the rich heritage of our composite culture;
  7. To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures;
  8. To develop the scientific temper, humanism and the spirit of inquiry and reform;
  9. To safeguard public property and to abjure violence.
  10. 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;
  11. Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment act, 2002.

Fundamental Duties: Non-enforceable and Non-justiciable

  • The fundamental duties are non-enforceable and non-justiciable in nature
  • No citizen can be penalised by a court for violating the fundamental duties
  • Just like the directive principles of the state policy in the constitution, fundamental duties are non-enforceable

Fundamental Duties: Prominent Features

  • Fundamental duties are categorised into two
  1. Moral Duties (e.g. cherishing the noble idea of the freedom struggle) 
  2. Civil duties(e.g. respect the institution and national flag/ national anthem)
  • The Fundamental Duties are restricted to citizens only, whereas the fundamental rights expands to all persons
  • The Constitution does not provide for their direct enforcement by courts but the Parliament is free to enforce them by suitable legislation
  • These duties also emphasise the values which have been a part of the Indian practices

Fundamental Duties: Criticism

  • Narrow Coverage: It covers only the essential duties. Voting, paying taxes, and family planning does not come under this

  • Ambiguous: Some of the duties are unclear and difficult to understand for a layman. It includes Phrases like noble ideas, scientific temper, etc.

  • Non-Justiciable: Due to their non-justiciable character, they have been depicted as code of moral precepts by the critics.

  • Reduced Significance: Insertion of Fundamental duties as an appendage to Part IV of the Indian constitution has decreased their value and importance; they should have been added after Part III so as to keep them on par with Fundamental Rights.

Conclusion 

The fundamental duties serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of the duties they owe to their country, society and their fellow citizens. They serve as a source of inspiration for the citizens and promote a sense of discipline, and commitment among them and serve as a warning against anti-national and anti-social activities like burning the national flag, destroying public property and so on.