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Analysing the Criticism of fundamental duties

We can clearly understand the need and importance of Fundamental Duties. The list of duties is not exhaustive, and we need to know everything about it. Read the article to know more!

The list of duties is not exhaustive, as it does not conclude other significant responsibilities. There were no provisions concerning Fundamental Duties in the original Constitution. The fundamental section is added based on the recommendations of the Swaran Singh Committee to India’s Constitution through the 42nd amendment act. A new fundamental duty was added to this list in 2002. In his address to a Joint Session of Parliament on Constitution Day, Prime Minister Narendra Modi emphasised the importance of constitutional duties while distinguishing them from Seva. The list of duties is not exhaustive and is to be posted in educational institutions.

Article 51 (A): Fundamental duties

Let’s understand Article 51 (A): Fundamental responsibilities:

Every Indian citizen shall have the following duties: to uphold and protect India’s sovereignty, unity, and integrity; to defend the country and render national service when called upon;

  • To cherish and follow the noble ideals that inspired our national struggle for freedom;
  • To cherish and follow the National Flag and the National Anthem; 
  • To treasure and follow the moral beliefs that enlivened our public battle for the opportunity, maintain and safeguard India’s power, solidarity, and uprightness, protect the nation, and render public help when called upon.
  • To advance agreement and the soul of normal fellowship among every one individual of India, rising above strict, etymological, and local or sectional contrasts;
  • To refuse slanderous rehearses for the sake of ladies’ pride;
  • To value and preserve the rich heritage of our composite culture; 
  • To secure and work on the regular habitat. Along with this, for maintaining the habitat of woodlands, lakes, and untamed life. Show  sympathy and empathy for living animals; to foster the logical attitude, humanism, and the soul of normal fraternity;
  • To provide educational opportunities for his child or ward aged 6-14 years, as the case may be, by the parent or guardian.

The Importance of Fundamental Duties:

Let’s understand the importance of fundamental duties:

  1. They serve as a deterrent to anti-national and anti-social activities such as burning the national flag and destroying public property.
  2. They inspire citizens and instil in them a sense of discipline and commitment.
  3. They give the impression that citizens are not passive bystanders but active participants in achieving national goals.
  4. They are ideal and guide citizens in the right direction.
  5. They assist courts in examining and determining a law’s constitutionality.
  6. For example, the Supreme Court ruled in 1992 that when determining the constitutionality of a law, if a court finds that the law in question seeks to give effect to a fundamental duty, it might believe such regulation to be ‘sensible’ according to Article 14 (uniformity under the watchful eye of the law) or Article 19 (six opportunities), and in this manner save such regulation from unlawfulness. 
  7. Fundamental duties make citizens aware of their social and citizenship responsibilities, thereby shaping a society where everyone is concerned and considerate of our fellow citizens’ inalienable rights.

Fundamental duties criticism:

Let’s understand the Fundamental duties criticism:

  • In nature, they are rendered unjustifiable.
  • Taxation, family planning, and other important responsibilities are not included.
  • Provisions that are ambiguous and difficult for the average person to understand
  • Provisions are redundant because they would be followed even if they were not included.
  • The list of duties is not exhaustive, as it does not conclude other significant responsibilities, such as voting, paying taxes, family planning, etc. The Swaran Singh Committee recommended the duty to pay taxes.
  • The incorporation of crucial fundamental duties as a supplement to Part IV of the Constitution, as indicated by pundits, has decreased their worth and importance. After Part III, they have to add to keep them comparable to Fundamental Rights.
  • Given their non-justiciable character, pundits have alluded to them as a code of moral statutes. Their incorporation in the Constitution was considered pointless by pundits. The obligations specified in the Constitution as essential are completed by individuals regardless of whether they were not revered in the Constitution.
  • Some of the responsibilities are hazy, ambiguous, and difficult for the average person to comprehend.

Conclusion:

Finally, we can conclude that we have learned about every aspect of Fundamental Duties in this article. By reading every aspect of it, we can clearly understand the need and importance of Fundamental Duties. Fundamental Duties were inserted into our Constitution after our government realised that the state alone could not create a civil society. Our country’s citizens must play a critical role in achieving the fundamental goal of our Constitution. They can accomplish this by carrying out their responsibilities to the nation, as outlined in Article 51A of our Constitution.

 

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What are some of the criticisms levelled against Fundamental Duties?

Ans : The incorporation of crucial fundamental duties as a supplement to Part IV of the Constitution, as indicated b...Read full

Why are Fundamental Duties unenforceable?

Ans : The fundamental duties are not legally enforceable. They have a non-justiciable...Read full

What is the significance of Fundamental Duties?

Ans : The Fundamental Duties are planned to serve as a steady suggestion to each resident that, while the Constituti...Read full