In a vibrant democracy such as India, the right to vote is not just a privilege but also a fundamental duty enshrined in the Constitution. Several countries around the world such as Australia (where voting is mandatory), South Africa, South Korea, France provide a holiday on election day to facilitate voter participation.
While much discourse centers on the rights granted to citizens, it is the concept of fundamental duties that inculcates the essence of responsible citizenship and collective welfare. The Fundamental Duties, as enshrined in the Indian Constitution, is a beacon guiding citizens towards a harmonious and productive relationship with their country and fellow beings. This article of Next IAS delves into the origins, features, and significance of these duties, and the nuanced interplay they share with fundamental rights, all while exploring the judicial perspective and criticisms that accompany them.
Meaning of Fundamental Duties
In the context of a nation, the Fundamental Duties of Indian Constitution refer to a set of duties prescribed for the citizens of that nation. They act as a reminder to the citizens that in addition to the enjoyment of rights, they also have to perform certain duties towards the nation they live in. In essence, Fundamental Duties can be summarised as a set of moral and ethical obligations that citizens are expected to uphold towards a nation.
List of Fundamental Duties in India
Respect for Constitution and National Symbols: Follow and honor the Constitution, National Flag, and National Anthem.
Adherence to Freedom Struggle Ideals: Embrace and follow the principles that guided the struggle for independence.
Safeguarding Sovereignty and Unity: Protect and uphold India's sovereignty, unity, and integrity.
National Service: Serve the nation when called upon.
Promotion of Harmony: Foster unity and brotherhood among all citizens irrespective of differences, and reject practices demeaning to women.
Preservation of Cultural Heritage: Value and conserve India's diverse cultural heritage.
Environmental Protection: Protect and enhance the natural environment, including forests, rivers, and wildlife, and show compassion towards all living beings.
Promotion of Scientific Temper: Cultivate a scientific mindset, humanism, and a spirit of inquiry and reform.
Non-violence and Protection of Public Property: Avoid violence and protect public assets.
Pursuit of Excellence: Strive for excellence in personal and collective endeavors to continually elevate the nation's achievements.
Education for Children: Ensure access to education for children aged six to fourteen, as mandated by the 86th Constitutional Amendment Act of 2002.
Evolution of Fundamental Duties in India
Originally, the Indian Constitution did not contain Fundamental Duties. However, their need and necessity were felt during the operation of the internal emergency from 1975 to 1977. Accordingly, steps were taken by the government that led to the incorporation and evolution of the Fundamental Duties in India:
Sardar Swaran Singh Committee
In 1976, the Government of India appointed the Sardar Swaran Singh Committee to make recommendations about Fundamental Duties.
The Committee observed that in addition to the enjoyment of rights, the citizens should also perform certain duties.
Accordingly, it recommended the inclusion of a separate chapter on Fundamental Duties in the Constitution, which would contain a list of 8 Fundamental Duties.
42nd Constitutional Amendment Act of 1976
The Central Government accepted the recommendations of the Sardar Swaran Singh Committee and decided to incorporate a list of fundamental duties in the Constitution of India.
Accordingly, it enacted the 42nd Constitutional Amendment Act in 1976, which added a new part (Part IVA) to the Constitution. This new part consists of only one Article (Article 51A) which specifies a code of ten fundamental duties of the citizens of India.
It is to be noted that though the Swaran Singh Committee recommended the incorporation of eight Fundamental Duties, the 42nd Constitutional Amendment Act included ten Fundamental Duties.
86th Constitutional Amendment Act of 2002
The 86th Constitutional Amendment Act of 2002 added one more Fundamental Duty (to provide opportunities for education to his child or ward between the ages of six and fourteen years).
The list of Fundamental Duties in the Indian Constitution has been constant since then.
Features of the Fundamental Duties
The Fundamental Duties of Indian Constitution outlined in Article 51-A possess several distinct features which are as follows:
Non-Justiciable – These duties are non-justiciable, meaning they are not enforceable by law through the judiciary. However, they serve as moral obligations and guiding principles for citizens.
Scope of Applicability – These duties are confined to citizens only and do not extend to foreigners.
Derived from Various Sources– These duties draw inspiration from various sources, including the Constitution of the erstwhile Soviet Union, the thoughts of Mahatma Gandhi, and other constitutional experts. They reflect a blend of national and international values.
Directive Nature – These duties guide the behavior and conduct of citizens and serve as a moral compass for shaping a responsible and law-abiding society.
Codification of Indian Values – They refer to values that have been a part of Indian traditions and practices. Thus, they essentially are a codification of tasks integral to the Indian way of life.
Moral and Civic – Some of them are moral duties e.g. cherishing noble ideals of national freedom struggle, while others are civic duties e.g. respecting the Constitution.
Importance of Fundamental Duties
The significance of the fundamental duties of Indian Constitution lies in their role in fostering a sense of responsibility, patriotism, and social cohesion among citizens. The points highlighting their significance are:
Promotion of Civic Consciousness: These duties foster a sense of civic awareness and responsibility among citizens, reminding them of their duty to uphold constitutional values.
Emphasis on Education and Culture: Certain duties stress the importance of promoting education, scientific thinking, and preserving India's cultural heritage.
Harmonization with Rights: Fundamental Duties complement citizens' entitlements under Fundamental Rights, emphasizing reciprocal obligations to society and the nation.
Encouragement of Participation: They encourage citizens to actively participate in achieving national goals rather than being passive observers.
Preservation of National Unity: By promoting commitment to constitutional ideals, these duties contribute to national unity beyond individual interests.
Promotion of Moral Values: Citizens are encouraged to cultivate moral and ethical values such as integrity, honesty, and respect for others.
Reinforcement of Democratic Principles: These duties reinforce democratic principles through civic engagement and responsible citizenship.
Advancement of Social Welfare: Citizens are urged to promote harmony and brotherhood, fostering social inclusivity and cohesion.
Balancing Rights and Responsibilities: While Fundamental Rights empower individuals, Fundamental Duties remind citizens of their responsibilities towards society, ensuring a balance between rights and duties.
Legal and Constitutional Guidance: These duties serve as guiding principles for lawmakers and policymakers in crafting laws and policies for societal improvement.
Assistance to the Judiciary: The inclusion of Fundamental Duties aids the judiciary in assessing the constitutionality of laws, as laws aligned with these duties may be considered 'reasonable' concerning equality and freedom.
International Recognition: The inclusion of Fundamental Duties enhances India's global reputation by showcasing citizens' commitment to democratic values and constitutional principles.
Supreme Court’s Views on Fundamental Duties
Shri Ranganath Mishra vs Union of India (2003): In this case, the Supreme Court stated that Fundamental Duties should be upheld not merely through legal sanctions but also through social sanctions. Furthermore, the court directed the implementation of Justice J.S. Verma Committee’s recommendations regarding the widespread dissemination of knowledge about Fundamental Duties to the public.
In AIIMS Students Union v. AIIMS (2001): The Supreme Court ruled that Fundamental Duties hold the same level of importance as Fundamental Rights. The court observed that both being designated as ‘Fundamental’ underscores their equal significance.
Relation between Fundamental Rights and Fundamental Duties
The relationship between Fundamental Rights and Fundamental Duties can be summarised as correlative and complementary. The performance of Fundamental Duties by citizens is necessary for creating an enabling environment for others to enjoy their Fundamental Rights. Similarly, rights are precursors to duties, and without fulfillment of rights, individuals can’t perform their duties. e.g. without fulfillment of the Right to Education, it is difficult to expect the duty to respect the dignity of women.
The inseparable relationship between Fundamental Rights and Fundamental Duties is illustrated as follows:
Fundamental Rights
Fundamental Duties
Article 19 provides for Freedom of Speech & Expression. However, it also provides that the state can impose reasonable restrictions on this right on the grounds of sovereignty and integrity of India, and security of the state among others.
Article 51A(c) casts a Fundamental Duty on citizens “to uphold and protect the sovereignty, unity, and integrity of India”.
Article 21 contains within its ambit the right of women to be treated with decency and dignity.
Article 51A(e) directs the citizens “to renounce practices derogatory to the dignity of women”
Article 21A guarantees free and compulsory education to all children of age 6-14 years.
Article 51A(k) asks the citizens “to provide opportunities for education to his child/ward between the age of 6-14 years”.
Article 23(2) provides that the State can impose compulsory service for public purposes such as military service.
Article 51A(d) asks the citizens “to defend the country and render national service when called upon to do so”.
Relation between Fundamental Duties and DPSP
Albeit non-justiciable in nature, the DPSPs also form a type of rights to be enjoyed by the citizens. Thus, the relationship between DPSPs and Fundamental Duties is also of a correlative and complementary nature.
The same is illustrated as follows:
Directive Principles of State Policies (DPSPs)
Fundamental Duties
Article 48A directs the state “to protect and improve the environment and to safeguard forests and wildlife”.
Article 51A(g) provides for a fundamental duty of citizens “to protect and improve the natural environment including forests, wildlife, etc.”
Article 45 directs the state “to provide early childhood care and education for all children until they complete the age of 6 years”
Article 51A(k) asks the citizens “to provide opportunities for education to his child/ward between the age of 6-14 years”.
Article 49 directs the state “to protect monuments, places, and objects of artistic and historic interest which are declared to be of national importance”
Article 51A(f) asks the citizens “to value and preserve the rich heritage of country’s composite culture”
Relation between Fundamental Duties and Preamble
The relationship between the Fundamental Duties and the Preamble is rooted in their mutual reinforcement of the ideals and aspirations enshrined in the Indian Constitution. While the Preamble outlines the objectives and guiding principles of the Constitution, the Fundamental Duties articulate the responsibilities of citizens towards achieving these objectives.
Fundamental Duties
Preamble
Article 51A(a) states to abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem.
The Preamble has mentioned the ideals of the Constitution as ‘Justice’, ‘Liberty’, ‘Equality’, and ‘Fraternity’. Therefore, in every word, deed, and thought we must remember and practice these ideals of the Constitution.
Article 51A(c) states “to uphold and protect the sovereignty, unity, and integrity of India”.
These core values have been mentioned in the Preamble of India.
Article 51A(e) states “to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities”.
The Preamble to the Constitution mentions about ‘Fraternity’ assuring the dignity of the individual and the unity and integrity of the nation.
Criticism of the Fundamental Duties
Non-Justiciability: The fact that Fundamental Duties are non-justiciable raises doubts about their effectiveness, as there are no legal consequences for failing to adhere to them.
Non-Exhaustive List: Some important duties, such as voting and paying taxes, are not explicitly included in the list, leading to questions about its completeness.
Subjectivity and Ambiguity: Critics argue that the language used to articulate these duties is vague and subjective, making it difficult to determine their exact scope and nature.
Imbalance with Rights: Critics suggest that while citizens are granted fundamental rights, the imposition of duties creates an imbalance, potentially infringing upon individual autonomy.
Inadequate Promotion and Awareness: Many citizens are unaware of their duties or perceive them as less important than their rights, which undermines their effectiveness.
Reduced Significance: Some argue that placing Fundamental Duties after Part IV rather than alongside Fundamental Rights diminishes their importance.
FAQs on The Hindu Editorial Analysis- 16th May 2024 - Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC
1. Why is there a case for making election day a holiday?
Ans. Making election day a holiday can increase voter turnout as people will have more time to vote without the constraints of work schedules. It can also make voting more accessible to those who may have difficulty taking time off work to vote.
2. How can making election day a holiday impact the democratic process?
Ans. By making election day a holiday, more people may be encouraged to participate in the democratic process, leading to a more representative government that accurately reflects the will of the people.
3. What are some potential challenges to making election day a holiday?
Ans. Some challenges to making election day a holiday include the cost of giving employees the day off, concerns about potential voter fraud or coercion, and the need for businesses to operate on election days.
4. Are there any countries that already have election day as a holiday?
Ans. Yes, countries like Australia, Belgium, and France have election day as a public holiday to encourage voter turnout and ensure that citizens have the opportunity to participate in the democratic process.
5. How can making election day a holiday address voter suppression issues?
Ans. Making election day a holiday can help address voter suppression issues by removing barriers to voting, such as limited time off work or long lines at polling stations. This can ensure that all eligible voters have an equal opportunity to participate in elections.
