Fundamental Duties - Delhi Police Constable PDF Download

Unveiling the Genesis: 42nd Amendment of 1976

During its inception in 1950, the Indian Constitution lacked explicit provisions for the Duties of the Citizen. It was only in 1976 that the 42nd Amendment added the Fundamental Duties upon the recommendations of the Swaran Singh Committee, constituted earlier that year. Notably, the committee initially recommended eight duties, but the amendment included ten. Subsequently, the 86th Amendment in 2002 introduced the eleventh duty, mandating parents and guardians to ensure education for children between six and fourteen years.

The Tapestry of Fundamental Duties

The Fundamental Duties, as enumerated in Part IV(A) of the Constitution under Article 51A, represent a blend of moral and civic obligations for Indian citizens. These duties are not justiciable, meaning they lack enforceable legal sanctions for their violation.

The Eleven Fundamental Duties are as follows:

• To abide by the Constitution and respect its ideals, institutions, the National Flag, and the National Anthem.
• To cherish and follow the noble ideals that fueled India's struggle for freedom.
• To uphold and protect India's sovereignty, unity, and integrity.
• To defend the country and render national service when required.
• To promote harmony and brotherhood among people, transcending religious, linguistic, and regional differences and respecting women's dignity.
• To value and preserve India's rich composite culture and heritage.
• To protect and improve the natural environment, showing compassion for all living beings.
• To develop scientific temper, humanism, and the spirit of inquiry and reform.
• To safeguard public property and reject violence.
• To strive for excellence in all individual and collective endeavors, leading the nation to greater heights.
• To ensure opportunities for education for children between six and fourteen years, as mandated by the 86th Amendment.

The Relevance of Fundamental Duties

• Fundamental Duties serve as reminders to citizens about their responsibilities while enjoying their rights. They discourage anti-national and antisocial activities and inspire discipline and commitment. Moreover, they empower citizens to actively participate in realizing national goals and instill a sense of direction and purpose.
• Notably, Fundamental Duties aid the judiciary in examining the constitutionality of laws. The Supreme Court ruled that laws promoting Fundamental Duties may be considered 'reasonable' in relation to Article 14 (equality before law) or Article 19 (freedoms), thus saving such laws from unconstitutionality.

Criticism and the Verma Committee

Some critics argue that Fundamental Duties should be justiciable and that certain essential duties, such as tax-paying and family planning, were overlooked. Nonetheless, the Verma Committee (1999) identified legal provisions for enforcing Fundamental Duties, including acts protecting national honor, civil rights, wildlife, and forests.

Fusing Fundamental Rights and Duties

Fundamental Rights and Duties are interrelated, with the former guaranteeing freedoms and the latter imposing moral responsibilities. While Fundamental Rights are justiciable and universally available, Fundamental Duties are non-justiciable and confined to Indian citizens.

Conclusion

Fundamental Duties form the moral conscience of India's Constitution, guiding citizens towards a virtuous and united nation. Though not enforceable by law, these duties must be regarded as constitutional values, embraced and propagated by every citizen. By upholding these duties, India can stand strong as a harmonious and prosperous democracy, where rights are cherished, and duties are fulfilled.