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Fundamental Duties

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FD

  • Rts and duties of the citizens are correlative and inseparable.
  • Original constitution - only FRs not FD
  • 42nd CAA
  • From USSR
  • Japanese constitution is perhaps the only democratic country with FDs
Table of Contents hide
1 Swaran Singh Committee recommendation
2 FD
3 Features of the Fundamental Duties
4 Criticism
5 Significance
6 Verma Committee on FD of the Citizens 1999

Swaran Singh Committee recommendation

  • During internal emergency 1975-1977
  • Part IVA
  • Only one article A51A
  • 8 recommended but 10 FD included
  • Some not included
    • Punishment for non-compliance of FD
    • Law imposing such punishment or penalty can't be questioned in court
    • Duty to pay tax

FD

  • Respect national flag and national anthem
  • Ideals that inspired national struggle
  • Uphold Sovereignty, unity and integrity of India
  • Render national service if called upon
  • Promote brotherhood and harmony and renounce practices derogatory to the dignity of women
  • Preserve the rich  heritage of the country's composite culture
  • Protect environment, lakes, rivers and wildlife and have compassion for living creatures
  • Scientific temper, humanism and the spirit of inquiry and reform
  • Safeguard public property and to abjure violence
  • Strive towards excellence 
  • Opportunity for education from 6 to 14 - CAA 86th 2002

Features of the Fundamental Duties

  • Some are moral duties and other civic duties(national flag, constitution, anthem)
  • Codification of tasks integral to the Indian way of life
  • Don't extend to foreigners
  • Non-justiciable
  • No legal sanction against their violation - but can be enforced

Criticism

  • Not exhaustive - casting vote, family planning, taxes excluded
  • Vague, ambiguous - noble ideals, composite culture, scientific temper
  • Superfluous
  • Not on par with FRs

Significance

  • Reminder to the citizens
  • Warning against the anti-national and anti-social activities
  • Source of inspiration for the citizens and promote a sense of discipline
  • Court use it in constitutional validity of a law
  • enforceable by law

Verma Committee on FD of the Citizens 1999

  • Identified legal provisions for the implementations for FD
    • Prevention of insult to national honour act 1971
    • Criminal laws and punishment for encouraging enmity on grounds of language, race, place of birth, religion
    • Civil rights act 1955
    • Indian penal code
    • Unlawful activities (prevention) act 1967
    • Representation of people act 1951- disqualification on promoting enmity
    • Wildlife protection act 1972
    • Forest conservation act 1980