Fundamental Duties in Indian Constitution
| Provision in Indian Constitution
Part IV A Article 51A Based recommendation of Sardar Swaran Singh Committee Borrowed from USSR Constitution |
Introduction
Fundamental duties are the moral obligations of citizens towards nation. They remind citizens that rights come with responsibilities towards the nation, society and the constitutions.
Borrowed from: – It is inspired by the Constitution of the former USSR.
Committee: – in 1976, during emergency period, the government of India appointed the Sardar Swaran Singh Committee to examine the Constitution and suggest changes to strengthen Fundamental Duties and the Preamble.
Chairman of committee was former Union Minister and Senior Congress leader Sardar Swaran Singh and 12 other members recommended inclusion of Fundamental Duties in the Constitution.
As a result, Part IVA Article 51A was added through the 42nd Constitutional Amendment Act 1976 (Fundamental Duties are later added as part IV A under DPSP Part IV).
Initially 10 duties were added in 1976 and 11th Duty was added by 86th Amendment Act, 2002.
Fundamental Duties are applicable to all citizens of Indian not to Foreigners.
Nature of Fundamental Duties
Non- Justiciable -cannot be forced directly by courts
Morally binding
Can be enforced indirectly through laws
Importance of Fundamental Duties
Balance rights with responsibilities
Strengthen democracy and citizenship
Helps courts in interpreting laws
Promote discipline and national unity
List of Fundamental Duties with detail
| Article 51 (A) (a)
Respect the Constitution
|
To abide by the Constitution, and respect its ideals, institutions, National Flag and National Anthem. |
| Article 51 (A) (b)
Follow Freedom Struggle ideals |
To cherish and follow the noble ideals of the freedom struggle. |
| Article 51 (A) (c)
Protect Sovereignty and Unity |
To uphold and protect the sovereignty, unity and integrity of India. |
| Article 51 (A) (d)
Defend the country |
To defend the nation and render national service when required. |
| Article 51 (A) (e)
Promote Brotherhood |
To promote harmony and brotherhood and renounce practices derogatory to the dignity of women. |
| Article 51(A) (f)
Preserve culture |
To value and preserve the rich heritage of India’s composite culture. |
| Article 51(A) (g)
Protect Environment |
To protect and improve the natural environment (forests, lakes, rivers and wildlife) and show compassion to living creatures. |
| Article 51(A) (h)
To Develop Scientific Temper |
To develop scientific temper, humanism and spirit of inquiry. |
| Article 51(A) (i)
Protect Public Property |
To safeguard public property and abjure violence. |
| Article 51(A) (j)
Strive for excellence |
To strive for excellence in all spheres to build a strong nation |
| Article 51(A) (k)
Duty of Parents/ guardian |
To provide opportunities for education to children aged 6-14 years.
(added in 2002 as 11th fundamental duty under 86th Constitutional Amendment Act, 2002) |
Important case
| AIIMS students Union v. AIIMS in 2001
Fundamental Duties are important for responsible citizenship |
| MC Mehta v. Union of India
Environmental Protection linked to Article 51(A) (g) |