Fundamental Duties

Fundamental Duties

• The Fundamental Duties in the Indian Constitution are inspired by the Constitution of erstwhile USSR.
• The Fundamental Duties of the citizens are enumerated in A-51A.
• 42nd Amendment Act 1976 - They were included in 1976 by the 42nd Amendment on the recommendation of Sardar Swaran Singh Committee.
• Fundamental Duties did not form part of the Constitution as originally adopted.
• The duties are addressed to the citizens only.
• Not Enforceable - Although, these duties are not enforceable by a Court, they provide a valuable guide and aid in the interpretation of the Constitution.
• The Fundamental Duties can be imposed through some suitable legislation.
• Eleven Duties- The fundamental duties are 11 in number.
• 42nd Amendment Act 1976 - Ten duties were included in the Indian Constitution by the 42nd Amendment Act 1976 and
• 86th Amendment Act, 2002 - The Eleventh duty was added by the 86th Amendment Act, 2002.

List of Fundamental Duties

1. 51A (a) To abide the Constitution and respect its ideals and institutions, the National Flag and the National Anthem
2. 51A (b) To cherish and follow the noble ideals which inspired our national struggle for freedom
3. 51A (c) To uphold and protect the sovereignty, unity and integrity of India
4. 51A (d) To defend the country and render national services when called upon to do so
5. 51A (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
6. 51A (f) To value and preserve the rich heritage of our composite culture
7. 51A (g) To value protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures
8. 51A (h) To develop the scientific temper, humanism and spirit of inquiry and reform
9. 51A (i) To safeguard public property and to abjure violence
10. 51A (j)To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement
11. 51A (k) Duty of the parent or guardian to provide opportunities for education to his child, as the case may be, ward between the age of six and fourteen years (added by 86th Amendment Act, 2002)

FDs are Non-enforceable and Non-justiciable

• The fundamental duties are non-enforceable and non-justiciable in character.
• It means that no citizen can be punished by a court for violation of a fundamental duty.  
• In this respect, the fundamental duties are like the directive principles of the constitution in Part IV.
• Courts can certainly take cognizance of laws seeking to give effect to fundamental duties.

Legal Provision for Implementation of Fundamental Duties

• The Verma Committee (1999) identified the existence of following legal provision
• The prevention of insults to National Honour Act (1971)
• The various criminal laws provide for punishment for encouraging enmity and discrimination
• The Protection of Civil Right Act (1955)
• The Representation of people Act (1951)
• The Wildlife Protection Act (1972) and
• Forest Conservation Act (1980)