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QUESTION | Enumerate the list of Fundamental Duties as provided in the Constitution of India. What is the rationale of incorporation of Fundamental Duties under the Indian Constitution through the Constitutional (Forty-second Amendment) Act, 1976?
QUESTION POSTED ON | 01.10.2021
MODEL ANSWER WILL BE POSTED ON | 02.10.2021
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THE HISTORY | Originally, there were no fundamental duties under the Constitution. Swaran Singh Committee recommended for adding a list of fundamental duties under the Constitution and therefore, based on such recommendations 42nd Amendment Act, 1976 inserted Part IVA consisting of Article 51A providing for ‘Fundamental duties’.
Article 51A provides for the following fundamental duties to every citizen of India:
a) To abide by the Constitution and respect its ideals and institutions, the National flag and National Anthem.
b) To cherish and follow the noble ideals which inspired our national struggle for freedom.
c) To uphold and protect the sovereignty, unity and integrity of India.
d) To defend the country and render national service when called upon to do so.
e) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities, to renounce practices derogatory to the dignity of women.
f) To value and preserve the rich heritage and composite culture.
g) To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
h) To develop the scientific temper, humanism and the spirit of inquiry and reform.
i) To safeguard public property and to abjure violence.
j) To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
Clause
k) was added o this Article with the 86th Amendment Act which provides that it shall be the duty of parent or guardian to provide education opportunities to his child who is between the age group of six and fourteen years.
THE NEED | The need for fundamental duties was felt when National emergency was imposed in 1975. Subsequently Swaran Committee recommended for certain fundamental duties out of that list some duties were not inserted in the Constitution like imposing penalty on non compliance with the duties and duty to pay taxes.
Part IV A has brought out Constitution in line with Article 29(1) of the Universal Declaration of Human Rights, 1948 which states, ‘Everyone has duties to the community in which alone the free and full development of his personality is possible.’
The fundamental duties serve as a constant reminder to every citizen while the Constitution specifically conferred on them certain fundamental rights. Certain basic norms of democratic conduct and democratic behavior must be observed by the citizens. These are not enforceable but court can take them into account while adjudicating a matter.
Important judicial pronouncements
1) Shyam Narayan Chouksey v. Union of India 2018 SC [National Anthem case]
The court held that playing or singing the National Anthem in cinema is mandatory and everyone present in the cinema should respect it being a fundamental duty.
2) MC Mehta v. Union of India 1983 1 SCC 471
In this case, the Supreme Court held that Article 51A(g) provides that it is duty of the Central government to introduce compulsory teaching of lessons at least for one hour in a week in relation to protection and improvement of natural environment in all educational institutions of India
3) Bijoe Emmanuel & ors. v. State of Kerala AIR 1987 748
The Supreme Court held that expulsion of children from school on the ground that they were not singing National Anthem amounts to violation of their right to freedom of expression and Article 25 because there is no law that expressly obliges individuals to sing the National Anthem. It is not considered as non- compliance with fundamental duty provided under Article 51A(a) because children stood for prayers which shows respect towards National Anthem.
