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.

Category
Fundamental Duties
Indian Polity and Governance
In which year were Fundamental Duties introduced into the Indian Constitution?
Fundamental Duties were introduced by which Constitutional Amendment?
Fundamental Duties are enshrined in which part of the Indian Constitution?
How many Fundamental Duties were originally added to the Indian Constitution?
The 42nd Amendment Act of 1976 was passed during the tenure of which Prime Minister?
Fundamental Duties were inspired by the Constitution of which country?
Which article of the Constitution specifies the Fundamental Duties?
Which committee recommended the inclusion of Fundamental Duties in the Constitution?
Fundamental Duties are meant to be followed by:
The 11th Fundamental Duty, added later, relates to:
Which Fundamental Duty calls for the protection and improvement of the natural environment?
Which Fundamental Duty emphasizes the need to develop a scientific temper and humanism?
The Fundamental Duties are considered to be:
Which Fundamental Duty mentions the need to safeguard public property?
The duty to abide by the Constitution and respect its ideals is mentioned in which Fundamental Duty?
Respect for the National Flag and National Anthem is included in which Fundamental Duty?
Which Fundamental Duty directs citizens to renounce practices derogatory to the dignity of women?
Which Fundamental Duty involves cherishing the noble ideals that inspired the national struggle for freedom?
The Fundamental Duties were inspired by which part of the Soviet Constitution?
Which Fundamental Duty mentions the preservation of the rich heritage of the nation’s composite culture?
The inclusion of Fundamental Duties in the Constitution was primarily to:
Which Fundamental Duty emphasizes harmony and the spirit of common brotherhood among all citizens of India?
The Fundamental Duties were added to align the Indian Constitution with which international declaration?
Fundamental Duties also emphasize the importance of:
Who is primarily responsible for promoting awareness about Fundamental Duties among citizens?
Fundamental Duties are aimed at promoting:
Which Fundamental Duty relates to providing opportunities for education to children aged 6-14?
The Fundamental Duties are based on which principle of governance?
Fundamental Duties can be described as:
How many Fundamental Duties are currently enshrined in the Constitution?
The Fundamental Duty to protect and improve the environment includes: