Fundamental Duties Notes
The Fundamental Duties are enshrined in Part IV-A (Article 51A) of the Indian Constitution. They specify the moral and civic responsibilities of Indian citizens towards the nation.
Introduction to Fundamental Duties
- Added by the 42nd Amendment Act, 1976, based on the Soviet Constitution (USSR).
- Enshrined in Article 51A under Part IV-A.
- Originally, there were 10 Fundamental Duties; later, one more was added (86th Amendment, 2002).
- Non-justiciable – Cannot be enforced by courts.
- Serve as a reminder to citizens to uphold the values of democracy, secularism, and nationalism.
List of 11 Fundamental Duties (Article 51A)
- To abide by the Constitution and respect its ideals, institutions, the National Flag, and the National Anthem.
- To cherish and follow the noble ideals of the freedom struggle.
- To uphold and protect the sovereignty, unity, and integrity of India.
- To defend the country and render national service when called upon to do so.
- To promote harmony and the spirit of common brotherhood among all people and renounce practices derogatory to women.
- To value and preserve the rich heritage of India’s composite culture.
- To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and have compassion for living creatures.
- To develop scientific temper, humanism, and the spirit of inquiry and reform.
- To safeguard public property and abjure (avoid) violence.
- To strive towards excellence in all spheres of individual and collective activity.
- To provide opportunities for education to children (6-14 years) (added by the 86th Amendment, 2002).
Note
- These duties apply only to citizens, not foreigners.
Features of Fundamental Duties
- Moral obligations, not legal rights.
- Non-justiciable (not enforceable in courts).
- Supplement Fundamental Rights and Directive Principles.
- Can be used by courts to interpret laws.
Importance of Fundamental Duties
- Promote patriotism and national unity.
- Help protect the environment and cultural heritage.
- Encourage scientific temper and humanism.
- Act as a warning against anti-national activities.
- Help in constitutional interpretation by the judiciary.
Legal Enforceability of Fundamental Duties
- Not directly enforceable in courts.
- However, Parliament can make laws to enforce them (e.g., Prevention of Insults to National Honour Act, 1971, prohibits disrespect to the National Flag and Anthem).
Examples of Laws Enforcing Fundamental Duties
Example: In Surya Narain v. Union of India (1982), the SC ruled that citizens should show respect to the National Anthem.
Comparison: Fundamental Rights vs. Fundamental Duties
Landmark Case: Kesavananda Bharati Case (1973) – Supreme Court ruled that FRs and FDs should be harmonized to protect national interest.
Amendments Related to Fundamental Duties
Supreme Court Judgments on Fundamental Duties
- Kesavananda Bharati Case (1973) – Fundamental Rights and Duties must be balanced.
- Mohini Jain Case (1992) – Right to Education is fundamental, linked to FD of providing education.
- AIIMS Students Union Case (2001) – SC ruled that FDs can be used to interpret Fundamental Rights.
Key Takeaways for UPSC
- Fundamental Duties were added by the 42nd Amendment (1976) and are inspired by the USSR Constitution.
- Originally 10 duties, later increased to 11 (86th Amendment, 2002).
- Non-justiciable but promote national unity, scientific temper, and environmental protection.
- Courts can refer to Fundamental Duties while interpreting laws and Fundamental Rights.
- They help balance individual rights with national responsibilities.