Chief Justice of India recently emphasized the significance of Fundamental Duties in the Indian Constitution, asserting they exist not just for pedantic or technical purposes. He suggested that the duties were designed as essential mechanisms to facilitate societal transformation.
The Origin and Incorporation of Fundamental Duties
The concept of Fundamental Duties originated from the Constitution of Russia (previously known as the Soviet Union). These duties, initially numbered at 10, were added into Part IV-A of the Indian Constitution via the 42nd Constitutional Amendment Act of 1976 on the recommendations of the Swaran Singh Committee. An additional duty was introduced through the 86th Constitutional Amendment Act, 2002. Today, all eleven duties are specified in Article 51-A of the Constitution.
Fundamental duties share a trait with the Directive Principles of State Policy – both are non-justiciable, which means they can’t be legally enforced.
Listed Fundamental Duties: Essential Commitments of Every Citizen
The Fundamental Duties include obligations to respect the Constitution, National Flag, and National Anthem; uphold national unity; renounce practices harmful to women’s dignity; protect the environment; develop a scientific temperament; protect public property; strive for excellence; and provide opportunities for education for children aged six to fourteen years.
Significance of Fundamental Duties to Democracy and Society
Citizens’ adherence to these duties ensures the smooth running of a democratic society. They serve as a reminder of citizens’ responsibilities and encourage democratic conduct while discouraging anti-social activities. Furthermore, they instil a sense of discipline and commitment towards the nation, fostering active citizen participation in national development.
The Fundamental Duties can also influence legal decisions, helping courts determine the constitutionality of laws. If a law enforces a Fundamental Duty, it is generally taken to be reasonable.
The Supreme Court’s Stand on Fundamental Duties
The Supreme Court, in its 2003 Ranganath Mishra judgement, asserted that the enforcement of fundamental duties should be upheld not only through legal, but also through social sanctions. It further affirmed, in AIIMS Students Union v. AIIMS 2001, that the duties hold equal importance to fundamental rights, despite them not being enforceable.
Looking Ahead: The Role of Fundamental Duties
In the future, the role of Fundamental Duties will only grow as citizens continue to contribute to societal transformation and nation-building. To ensure they fulfill these responsibilities effectively, citizens must understand the Constitution comprehensively, the system’s intricacies, its powers, and limitations.
This underscores the need for spreading constitutional knowledge and culture, and fostering responsible citizenship across India. A uniform policy is needed to ensure the “proper sensitization, full operationalization, and enforceability” of Fundamental Duties among citizens.
The article concludes with Previous Year Questions (PYQs) from the UPSC Civil Services Examination, which are pertinent to the Indian Constitution and Fundamental Duties. These questions serve as useful reference material for readers preparing for the prestigious examination.