Image credit- awaaznation.com
Part IVA of the Indian Constitution deals with Fundamental Duties. As of now, there are 11 Fundamental duties. Such duties were not originally contained in India's Constitution. 42nd and 86th Constitutional Amendment Acts added fundamental duties.[1] The fundamental Duties are a novel feature of the Indian Constitution in recent times. Originally , the constitution of India did not contain any provision underlying the duties of the citizens of India. Originally , the fundamental were ten in number and they were incorporated in the constitution by the 42nd constitution ( amendment )Act , 1976.[2]
The 86th Amendment Act, 2002[3], added one more duty is right to education in the list of fundamental duties, hence , making them eleven in number.
It encompasses Part IV , Article 51A [4]enumerating ten fundamental duties of the Citizens of India.
Under this Article , it shall be the duty of every Citizen of India-
1. To abide by the Constitution and respect the National flag and the National Anthem 2. To cherish by the Constitution and respect the National Flag and the National Anthem.
3. To protect the sovereignty, unity and integrity of India
4. To defend the country
5. To promote the spirit of common brotherhood amongst all the people of India.
6. To preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment.
8. To develop the scientific temper and spirit of inquiry
9. To safeguard public property
10. To strive towards excellence in all spheres of individual and collective activity
11. A person who is a parent or guardian to provide opportunities for education to his child or ward , as case may be , between the age of six and fourteen years.
Swaran Singh Committee and Fundamental Duties[5]
After the recommendation of Swan Singh Committee these ten fundamental duties were added in the constitution . These duties are not enforceable by law. Just as the DPSP are in the nature of guidelines for the state , fundamental duties are in the nature of directive for the citizens. Both are fundamental and at the same time non-enforceable. In this report , the Swaran Singh committee had recommended legal sanctions to the Citizen’s duties. It had suggested that the parliament might , by law, provide for the imposition of punishments for non-compliance with or refusal to observe these duties. In recommendation further, that no law imposing such penality or punishment should be questioned in any court on the ground of infringement of any of the fundamental rights or on the ground of repugnancy to any other provision of the Constitution.
Of course, the Constitution does not provide for the direct enforcement of any of these duties or for any penalties to prevent their infringement. However, it can be expected that, in determining the constituency of any law, if a court finds that it seeks to fulfill any of these duties, it may consider such laws to be reasonable under Article 14 or Article 19 and thus save such law from unconstitutionality. It would also serve as a warning to reckless citizens against anti-social activities such as burning the Constitution, destroying public property etc.
References –
1. https://byjus.com/free-ias-prep/fundamental-duties/.
2. https://doj.gov.in/sites/default/files/Constitution%20Day.pdf.
[1] https://www.clearias.com/fundamental-duties/. [2] http://legislative.gov.in/constitution-forty-second-amendment-act-1976. [3] https://www.india.gov.in/my-government/constitution-india/amendments/constitution-india-eighty-sixthamendment-act-2002. [4] https://indiankanoon.org/doc/867010/. [5] https://www.civilserviceindia.com/current-affairs/articles/swaran-singh-committee-on-fundamental-duties/461.
Author- Aeshna Raghuwanshi, Content Writer , Legal Eagle.