Laxmikanth Summary: Fundamental Duties | Indian Polity for UPSC CSE PDF Download

Evolution of Fundamental Duties

1. Swaran Singh Committee Recommendations

In 1976, the Congress Party established the Sardar Swaran Singh Committee to discuss fundamental duties, prompted by the internal emergency (1975-1977). 

The committee recommended adding a separate chapter on fundamental duties in the Constitution, emphasizing that citizens should be aware of both their rights and responsibilities.

The Congress Government accepted these suggestions and introduced the 42nd Constitutional Amendment Act in 1976. This amendment created a new part, Part IVA, in the Constitution, featuring only one Article, namely Article 51A. For the first time, this article specified a code of ten fundamental duties for citizens. 

The ruling Congress party acknowledged the historical oversight of not including fundamental duties in the Constitution and asserted that they were rectifying this.

While the Swaran Singh Committee proposed incorporating eight fundamental duties, the 42nd Constitutional Amendment Act (1976) eventually included ten Fundamental Duties. Notably, some recommendations of the Committee were not adopted by the Congress Party and, therefore, not included in the Constitution. These recommendations included:

1. Allowing the Parliament to determine penalties or punishments for non-compliance with or refusal to observe any of the duties.
2. Stating that no law imposing such penalties or punishments could be challenged in any court on the grounds of violating Fundamental Rights or conflicting with any other provision of the Constitution.
3. Specifying the duty to pay taxes as a Fundamental Duty of citizens.

2. List of Fundamental Duties (Article 51A)

According to Article 51 A, it shall be the duty of every citizen of India: 

The characteristics of Fundamental Duties can be summarized as follows:

1. They encompass both moral and civic duties. For instance, holding noble ideals from the freedom struggle is a moral obligation, while respecting the Constitution, National Flag, and National Anthemis a civic duty.

2. Fundamental Duties reflect values ingrained in Indian tradition, mythology, religions, and practices. Essentially, they codify tasks integral to the Indian way of life.

3. Unlike some Fundamental Rights applicable to all, whether citizens or foreigners, Fundamental Duties are specific to citizens and do not extend to foreigners.

4. Similar to Directive Principles, Fundamental Duties are non-justiciable. Courts cannot directly enforce them, and there's no legal sanction for violations. However, Parliament has the freedom to enforce them through appropriate legislation.

4. Criticism of Fundamental Duties

Critics have raised several concerns about the Fundamental Duties outlined in Part IVA of the Constitution:

1. The list of duties is incomplete, omitting important responsibilities such as voting, tax payment, and family planning. The Swaran Singh Committee even recommended including the duty to pay taxes.

2. Some duties are unclear and challenging for the common man to understand. Phrases like 'noble ideals,' 'composite culture,' and 'scientific temper' can be interpreted differently.

3. Critics view these duties as a set of moral principles since they are non-justiciable. Interestingly, the Swaran Singh Committee suggested penalties for not fulfilling Fundamental Duties.

4. Critics argue that incorporating these duties into the Constitution was unnecessary, as people would naturally perform them without constitutional inclusion.

5. Critics believe that placing Fundamental Duties in Part IVA diminishes their importance. They suggest adding them after Part III to align them with Fundamental Rights.

5. Significance of Fundamental Duties

One more duty was added in 2002 through the 86th Amendment Act.