Fundamental duties are covered under Part 4 A of The Constitution
Amendment -
- The fundamental duties of citizens were added to the constitution by the 42nd Amendment in 1976 under Article 51A part 4A upon the recommendations of the Swaran Singh Committee.
Swaran Singh committee -
This committee recommended these fundamental duties but there were some other recommendations which were not accepted and they were-
- Parliament should stipulate penalties or punishment in case of citizens fain in obeying or refusing any Fundamental Duty.
- There should not be any law for questioning the obliging such penalties or punishment in the court whether it is based on violation of any Fundamental Right or because of repugnancy to any other anticipation of the Indian Constitution.
- The list of Fundamental Duties of citizens should also include the duty to pay taxes.
Other committee-
- The Verma committee was established in 1999 and recognised certain legal specifications for reinforcing the Fundamental Duties
Inspiration/Source of Fundamental Duties-
- Fundamental duties are taken from y constitution of USSR now Russia.
- Japanese constitution is one of the other democratic nations which have a provision dealing with the duties of its citizens.
86th Amendment in 2002 -
- Originally there were 10 Fundamental duties.
- The fundamental duties were increased to eleven by the 86th Amendment in 2002.
- It added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years.
Justiciable or Non-Justiciable
- Just like the Directive Principles, the Fundamental duties are also non-justiciable in nature
Article 51A- Fundamental duties-
It shall be the duty of every citizen of India-
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the 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 of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, 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;
(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years;
Importance Of Fundamental Duties-
- It promote harmony and the spirit of common brotherhood amongst all people of India.
- It encourages spirit of nationalism among people.
- Fundamental Duties also assist the courts in analysing and ascertaining whether any law is valid as per the Constitution or not.
- It encourages the people to preserve the rich heritage of our composite culture.
Features of Fundamental duties-
- They are not justiciable in nature.
- They reminds the people about their moral and civic responsibilities.
- They promotes harmony and peace in our country.
- They are only applicable to citizens of India.