Fundamental Duties as a Means to Achieve Responsible Citizen | Important Acts and Laws for Judiciary Exams PDF Download

Fundamental Duties in India Constitutional History

• The Gandhian Constitution integrated fundamental rights and fundamental duties, emphasizing that all rights are contingent on fulfilling specific duties.
• Unlike the significant focus placed on fundamental rights, the idea of fundamental duties was not extensively considered during the constitution-making process, except for a few instances echoing Gandhi's principles.
• Historically, fundamental rights have been prioritized over duties in constitutional discussions and debates.

Jurisprudential Aspects of Fundamental Duties

• Fundamental duties in the Indian context are intricately linked to the idea of citizenship and individual responsibilities towards the nation.
• They serve as a moral and ethical framework guiding citizens on how they should conduct themselves in society.
• For instance, the duty to uphold the integrity of the nation can be exemplified by respecting national symbols like the flag and anthem.

Relationship Between Rights and Duties

• The relationship between rights and duties is a fundamental aspect of a functional society.
• While rights empower individuals, duties ensure that these rights are exercised responsibly without infringing upon the rights of others.
• For example, the right to freedom of speech is accompanied by the duty to exercise it responsibly without inciting violence or hatred.

Criticism of Fundamental Duties

• Some critics argue that fundamental duties may infringe on individual liberties by imposing moral obligations.
• They raise concerns about the enforceability of duties and the potential for misuse by authorities to suppress dissent.
• However, proponents argue that these duties are essential for fostering a sense of civic responsibility and national unity.

Evolution of Fundamental Duties in the Indian Constitution

• The concept of Fundamental Duties was incorporated into the Indian Constitution through the 42nd amendment in 1976 during a period of Emergency.
• Under the leadership of Indira Gandhi, a committee headed by the then-External Affairs Minister, Swaran Singh, was established to review the need for amending the Constitution based on past experiences.
• The All India Congress Committee (AICC) recommended to the Swaran Singh Committee the inclusion of certain fundamental duties and responsibilities that every citizen should uphold towards the nation.

Content of the Fundamental Duties

• One of the key proposed duties was the commitment to abide by the Constitution and uphold the sovereignty of India.
• Additionally, citizens were encouraged to contribute to national service among various other obligations outlined by the committee.
• Notably, the Congress party made modifications to the initial list of duties proposed by the committee.

Incorporation into the Constitution

• In November 1976, the 42nd amendment was passed by both Houses of Parliament, introducing a new chapter on Fundamental Duties consisting of 10 duties.
• Subsequently, in 2002, an additional duty was included which mandated parents or guardians to provide educational opportunities to children between the ages of six and fourteen.

Fundamental Duties

• Abiding by the Constitution and showing respect for the national flag and National Anthem: Citizens must adhere to the principles of the Constitution and display reverence for national symbols.
• Following the ideals of the freedom struggle: Upholding the values and principles that guided India's fight for independence.
• Protecting the sovereignty and integrity of India: Ensuring the security and unity of the nation.
• Defending the country and offering national services when needed: Being prepared to protect the nation and contribute to national causes.
• Promoting the spirit of common brotherhood: Fostering unity and harmony among all citizens.
• Preserving the composite culture: Safeguarding the diverse cultural heritage of India.
• Conserving the natural environment: Taking care of the environment and natural resources for future generations.
• Developing a scientific temper: Encouraging a spirit of inquiry and rational thinking.
• Safeguarding public property: Protecting and maintaining public assets for the benefit of all.
• Striving for excellence: Pursuing high standards of performance and achievement in all endeavors.
• Ensuring the duty of all parents/guardians to send their children aged 6-14 years to school: Guaranteeing access to education for all children within the specified age group.

Prevention of Insults to National Honour Act, 1971

• National Honour Act, 1971: This legislation by the Indian Parliament prohibits disrespect or desecration of national symbols like the National Flag, Constitution, National Anthem, and the map of India, including showing contempt towards the Indian constitution.
• National Anthem Provision: Section 3 of the Act specifies that any intentional prevention of the singing of the National Anthem, Jana Gana Mana, or causing disruptions during such singing can lead to imprisonment for up to three years, a fine, or both.
• Protection of Natural Environment: Article 51-A(7) of the Indian Constitution mandates citizens to protect and enhance the natural environment, encompassing forests, lakes, rivers, wildlife, and promoting compassion for all living beings.

Judicial Precedents

• Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh: The court upheld the closure of mining operations on Mussoorie hills to maintain ecological balance, emphasizing that preserving the environment is a shared responsibility of both the government and citizens.

M.C. Mehta vs. Union of India: The Supreme Court rulings emphasized

• Educational Institutions' Duty: All schools must dedicate at least one hour per week to teach about protecting and enhancing the environment.
• Government Responsibility: The Central Government must introduce these lessons in all educational institutions and provide free books on the subject.
• Public Awareness: To promote environmental consciousness, the government should conduct annual cleanliness campaigns like 'keep the city clean' week.

Concept of Duties in India

• From ancient times, the significance of fulfilling one's duties, known as "kartavya," towards society, country, and parents has been highlighted.
• In the Bhagavad Gita and Ramayana, individuals are encouraged to carry out their duties diligently. Lord Krishna, in the Gita, emphasizes performing duties without expecting rewards.
• Mahatma Gandhi stressed the inseparable link between duties and rights, stating that the performance of duties automatically safeguards one's rights.
• Gandhi believed that his concept of "Satyagraha" stemmed from his constant endeavor to discern his responsibilities.
• Swami Vivekananda noted that every individual has a responsibility to contribute to the advancement and prosperity of India.
• The Indian Constitution is notable for its equilibrium between the rights and duties of citizens, emphasizing the importance of both aspects.

Responsible Citizen

• Being a responsible citizen involves various aspects - some are tied to legal obligations, some to social responsibilities, and some to moral duties. It's not merely about following the law; true responsibility often requires going beyond legal requirements to contribute to the betterment of society.
• Legal Obligations: Respecting and abiding by the law is fundamental to being a responsible citizen. Criminal behavior contradicts the essence of responsible citizenship as laws are designed to safeguard individuals, communities, and property. Inflicting harm on others or their belongings is incompatible with good citizenship.
• Social Obligations: Majorly, being a responsible citizen entails fulfilling social obligations. This includes supporting and assisting our communities and fellow residents. For instance, engaging in volunteer work is a significant way to exhibit responsible citizenship.

Understanding Voting in India

• India, being a youthful nation, holds immense potential as a global powerhouse due to its significant youth population.
• The country is filled with energetic engineers, innovative technocrats, aspiring scientists, and enthusiastic athletes, making it a focal point on the world stage.
• However, there is a darker side to this youth-driven nation, where citizens often blame the political system for corruption without reflecting on their own role in perpetuating it.
• The modern political landscape is often criticized for being driven by power and wealth, with many elected officials coming from affluent backgrounds while a significant portion of the population still lives below the poverty line.
• Apathy towards voting among the youth, especially in urban areas, is a concerning trend that needs to be reversed to ensure a more representative and accountable political system.

Importance of Respecting National Emblems

• Bertrand Russell emphasized the importance of having a profound love for one's country.
• In today's fast-paced and competitive world, the younger generation is often disconnected from the sacrifices of past martyrs and the significance of national symbols.
• Events like Independence Day and Republic Day are sometimes treated as mere holidays, with many people failing to show respect for national emblems like the flag and anthem.
• While there is often talk of patriotism, actions speak louder than words, and it is essential for individuals to demonstrate their respect for their country in tangible ways.

Way Forward

• Prime Minister of India emphasized the importance of teaching the Constitution to children.
• Integration of fundamental duties' essential aspects into all oaths and pledges.
• The Supreme Court highlighted the obligatory nature of citizens' duties, emphasizing state efforts towards this goal.

Rights and duties must coexist to prevent anarchy. The Fundamental Duties not only remind us of national objectives but also foster a strong sense of social responsibility.

Jurisprudential Aspects of Fundamental Duties

• The fundamental duties are explicitly outlined in Article 51-A (a) to (k) of the Indian Constitution.
• While laws like the Indian Penal Code and the Environmental Protection Act provide remedies for breaching certain duties, some duties under Article 51-A lack specified remedies.
• There is a need to consider curative measures to instill these duties effectively.
• Unlike some constitutions, India's Constitution specifically enumerates fundamental duties, highlighting their importance.
• Various constitutions in the Indian Sub-Continent differ in how duties on citizens are addressed, whether through constitutional provisions, laws, customs, or precedents.
• Jurisprudence, originating from the Latin word 'jurisprudentia,' refers to the science or philosophy of law, encompassing different perspectives based on the author's legal background.
• Eastern jurisprudence, rooted in 'Dharma,' emphasizes the concept that respecting duties ensures reciprocal respect for one's own rights.
• The Bhagwat Geeta emphasizes the performance of duties over attachment to outcomes, illustrating the essence of duty-bound actions.

Right & Duties

• Indian Constitution uses the term "fundamental" in two contexts:
  • When referring to rights, it signifies essential rights, and any law violating them is void.
  • When referring to duties, it sets goals for the state to achieve.
• According to Salmond, a right is an interest protected by a rule, with respect for it being a duty and disregard a wrong.
• Duguit's perspective suggests that everyone's primary right is to fulfill their duty. Law, for him, embodies the duties individuals owe for social cohesion.
• Some jurists, like Kelson, argue against the existence of rights in law, favoring a focus on duties. A balanced view is presented by Rousseau, highlighting the paradox of being born free but living within societal constraints.
• Western legal systems tie rights to corresponding duties. The characteristics of rights include:
  • The beneficiary of the right
  • The person burdened with the duty
  • The subject matter of the right
  • The actions or refraining from actions leading to a breach

Duties without Right and vice-versa

• Exceptions to the rule exist, such as the Directive Principles under the Constitution of India. These principles impose duties on the state without corresponding rights. Despite this, Indian courts enforce them, whether through Public Interest Litigation (PIL) or other means.
• In certain situations, a right may emerge without a corresponding duty, or a duty may exist without a corresponding right, known as an imperfect obligation. The Supreme Court of India noted in the Minerva Mills Ltd case that judges have a duty to pronounce on the validity of laws to ensure that fundamental rights are not merely symbolic but enforceable.
• Some jurists argue that duties can exist without corresponding rights. Absolute Duties are duties that stand alone, while Relative Duties are connected to corresponding rights.
• Austin, supported by CK Allen, classifies absolute duties as duties not specific to individuals, duties owed indefinitely to persons, self-regarding duties, and duties owed to the sovereign. On the other hand, duties can be categorized as positive or negative, primary or secondary.
• Fundamental duties reflect ancient concepts but are less followed in the modern era. Analyzing the fundamental duties in the Indian constitution reveals that some are declaratory, some are remedial, and others are a mix of both. Declaratory duties state rights without providing remedies, remedial duties establish duties and provide remedies for breaches, while hybrid duties offer remedies for only part of a breach.
• Declaratory duties in Article 51-A(b), (d), (f), (h), and (j) lack remedies, while remedial duties in Article 51-A(c), (e), and (g) provide remedies for breaches. Hybrid duties, found in Article 51-A(a) and (i), combine aspects of both declaratory and remedial duties. Some duties may lead to statutory offenses upon breach.

Criticism of Fundamental Duties

• Some fundamental duties are challenging for the common populace to comprehend.
• Critics argue that these duties are merely moral guidelines, lacking practical value, and are often vague and repetitive.
• There is a belief that these duties are already being fulfilled by citizens even without them being explicitly stated.
• The placement of fundamental duties in Part IV-A after fundamental rights has diminished their importance.
• Noteworthy recommendations by the Swaran Singh committee, such as:
  • Introducing penalties or punishments by Parliament for non-compliance with these duties.
  • Ensuring that such penalties cannot be legally contested in any court.
  • Suggesting the inclusion of the duty to pay taxes as a fundamental duty.
  • Advocating for the inclusion of other significant duties like family planning and voting.

In summary, criticism of fundamental duties revolves around their perceived complexity, abstract nature, redundancy, assumed fulfillment by citizens, and the need for more substantial enforcement mechanisms as recommended by the Swaran Singh committee.

Conclusion & Suggestions

• The non-enforceability of fundamental duties does not diminish their significance. Fundamental duties play a crucial role in a democratic state by reminding citizens of their responsibilities towards the nation. These duties, labeled as 'fundamental,' are of utmost importance and should be upheld by everyone.
• While some duties are enforceable by law, the value of other duties outlined in Article 51A of the Constitution should not be underestimated. It is not solely the government's duty to uphold the Constitution; citizens also bear the responsibility of actively contributing to society.
• Responsibilities such as paying taxes and exercising the right to vote are imperative for every citizen. These duties cultivate a sense of social responsibility in individuals and are considered when interpreting fundamental rights.
• In cases of breach, statutes provide remedies. However, constitutional wrongs are addressed through writs or orders. There is a need for statutory protection to prevent breaches of fundamental duties, focusing on measures like counseling, admonition, obtaining bonds, and only resorting to fines or imprisonment as a last resort.
• Respecting duties is essential to maintain the efficacy of laws. Neglecting duties weakens the enforcement and authority of the legal system.
• To foster national greatness, obedience to duty is paramount. The analogy of a tree loving the ground it stands on reflects the Eastern ideal of nationalism, social cohesion, and peaceful coexistence.