The success of a democracy depends upon the active participation of its citizens. Our Constitution is the result of the demands of the common people and it provides them certain fundamental rights under Part III of the constitution of India. So, it is equally important for the citizens to follow and respect the constitution by performing certain duties. These duties are known as Fundamental Duties in the Constitution of India. So, let’s discuss the article on 11 fundamental duties. Show
Meaning of Fundamental DutiesFundamental duties are the basic norms and values that guide a citizen’s behaviour toward its country and constitution. These duties keep us reminding that our Constitution provides us with certain rights and in return, we shall perform certain duties for it. DPSP and Fundamental dutiesThe fundamental duties in India are quite similar to the Directive Principles of state policies (DPSP) in the manner of enforcement. The DPSP provides direction to the state whereas the 11 fundamental duties provide direction to its citizens to respect their fellow people and the society as a whole. The history behind the Addition of Fundamental Duties in the ConstitutionThe concept of fundamental duties in India is borrowed from the constitution of the USSR. Our original Constitution didn’t include fundamental duties at the time of 1950. It was added later on by the Indira Gandhi government in 1976 through the 42nd Amendment. At that time of Incorporation, the protest was going on throughout the country against the Indira Gandhi government and the public property was harmed and set on fire. To deal with it, Mrs Indira Gandhi declared a national emergency and formed Swaran Singh Committee to amend the Constitution. The primary purpose behind this move was to promote the feeling of patriotism in the citizens by making them responsible to protect the national wealth and resources. The committee recommended more than 10 fundamental duties of the citizens. These recommendations were accepted with few modifications and a new Article 51(A) was included in the constitution. The addition of Duties makes our Constitution in line with the requirements of Article 29 (1) of the Universal Declaration of Human Rights. List of Fundamental duties: Article 51(A)The fundamental duties are included in chapter IV (A) of our Constitution. Article 51(A) comprises 11 fundamental duties in the Constitution of India. It is important to note that initially there were only 10 fundamental duties and the 11th fundamental duty was added through the 86th Constitutional amendment. These duties are only applicable to Indian citizens and not to foreigners. 11 Fundamental Duties in the Constitution of India
Importance of Fundamental Duties of Indian citizensThe fundamental duties of Indian citizens hold special importance in today’s society as people are only being conscious about their rights. The primary importance of these duties is that they ensure the participation of the Public in nation-building. The 11 fundamental duties also ensure that the citizens shall act as responsible citizens by not involving in any anti-social activities. Further, they act as a moral code of conduct that motivates the citizens to work for the betterment of the entire society. They also played a very special role in promoting harmony and brotherhood in society. Further, it makes us aware of our responsibility toward the environment by making it free from pollution. It also contributes to the development of the nation by educating all the children from the age of 6 to 14. Lastly, the 11 fundamental duties contribute to fulfilling our Constitutional obligations. In A.I.I.M.S. Student’s Union v. A.I.I.M.S., It was held by the Hon’ble Supreme Court that the fundamental duties are as important as fundamental rights. These duties give valuable guidance while interpreting constitutional and legal issues. Non Enforceable Nature of Fundamental DutiesThe term non-enforceable means that these duties are not legally enforceable and we can’t approach the court in case of their violation. They are merely obligatory in nature. There is no punishment prescribed for their violation. The Swaran Singh Committee in its report recommended that the fundamental duties should be enforceable in nature. But this recommendation was not accepted. The primary reason behind this was that the majority of the population in India were illiterate and they were unaware of their constitutional obligation. So, if they were made enforceable then there would have been a flood of cases and the people had to face a lot of trouble. Read the article on 6 Fundamental Rights of Indian constitution However, it is equally important to note that the fundamental duties of Indian citizens are not enforceable in the constitution itself but certain other statutes prescribe punishment for violation of certain fundamental duties. The Prevention of Insult to National Honour, Act 1971 provide punishment for 1 year if a person cause insult to our national flag and the national anthem twice. Further, The Environment Protection Act, 1986 also contains punishment for the people who deliberately cause pollution in the society. Lastly, the fundamental duties can be enforceable against the people holding public offices. If a public officer breaches his fundamental duties, then they will be subject to punishment. A public officer taking part in a protest can be punished by deducting his salary for the day or in any other suitable manner. ConclusionFundamental duties are one of the most essential elements of our Constitution. They put an obligation on the citizens to work for the betterment of the country. The fundamental duties promote harmony and a feeling of nationalism in the citizens. Though they are not legally enforceable they serve as a moral guide to interpreting our other constitutional provisions. However, the main problem that arises with the effectiveness of fundamental rights is the lack of knowledge among the people about the fundamental duties of Indian citizens. The “National Commission to Review the Working of Constitution” also recommended that the first and foremost step required by the Union and State Governments is to sensitise the people and create a general awareness about their duties. Thus, there is a very strong need to make people aware of the duties along with their rights. You can follow us on Instagram and Linkedin to get notifications of new articles published by Legal Study Material. |