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
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