42nd Amendment and introduction of duties

Introduction

1. The Fundamental Duties were added to the Indian Constitution through the 42nd Amendment Act, 1976.
2. These duties are enshrined in Part IV-A of the Constitution under Article 51A.
3. Inspired by the USSR Constitution, Fundamental Duties were introduced to remind citizens of their responsibilities towards the nation.
4. They aim to promote a sense of patriotism and strengthen the spirit of unity and integrity.

Background

1. The Swaran Singh Committee, set up in 1976, recommended the inclusion of Fundamental Duties in the Constitution.
2. Based on the committee’s recommendations, the 42nd Amendment added 10 Fundamental Duties under Article 51A.
3. An 11th duty was later added through the 86th Amendment Act, 2002.

List of Fundamental Duties

According to Article 51A, 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 that inspired the 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.
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 endeavor and achievement.
11. To provide opportunities for education to children between the ages of 6 and 14 years (added by the 86th Amendment).

Significance of Fundamental Duties

1. They act as a constant reminder of the responsibilities of citizens towards the nation.
2. Complement the Fundamental Rights by promoting a sense of duty among citizens.
3. Encourage citizens to contribute to the nation's unity, integrity, and development.
4. Help in fostering a spirit of patriotism and national integration.

Enforceability of Fundamental Duties

1. Unlike Fundamental Rights, Fundamental Duties are non-justiciable, meaning they cannot be enforced by courts.
2. However, they can be considered by courts when interpreting laws and rights.
3. The Supreme Court and High Courts have often emphasized the importance of citizens fulfilling their Fundamental Duties.

Landmark Judgments

1. Ranganath Misra Case (1992): Stressed the importance of Fundamental Duties in ensuring societal harmony.
2. AIIMS Students Union v. AIIMS (2001): Highlighted the role of Fundamental Duties in achieving constitutional goals.

Criticism

1. The duties are often considered vague and moralistic.
2. The lack of enforceability diminishes their effectiveness.
3. No provision for penalties for non-compliance.

Conclusion

The introduction of Fundamental Duties under the 42nd Amendment marks a significant step in promoting a balance between rights and responsibilities. While their non-enforceability is a limitation, they play a vital role in fostering a sense of civic duty and national spirit among citizens. Strengthening awareness and education about these duties can further their objectives.