Introduction
The Supreme Court recently issued a notice to both the Centre and state governments to respond to a petition, calling for the enforcement of the Fundamental Duties of citizens through comprehensive, legally-defined measures. These duties, outlined in Article 51A (Part IVA) of the Constitution, are integral to upholding our national ideals and fostering the country’s growth.
The Genesis of Fundamental Duties
Inspired by Russia’s Constitution, the concept of Fundamental Duties was integrated into the Indian Constitution by the 42nd Constitutional Amendment Act of 1976 based on recommendations from the Swaran Singh Committee. Initially, there were ten duties; however, an additional one was added by the 86th Constitutional Amendment Act, 2002. These duties, akin to the Directive Principles of State Policy, are non-justiciable, meaning they aren’t enforceable by law.
Exploring the List of Fundamental Duties
Each duty reflects values that every citizen is expected to uphold. These include abiding by the Constitution and respecting its institutions, the National Flag, and the National Anthem. The duties also encourage citizens to cherish the noble ideals that inspired the freedom movement, defend the country when necessary, promote harmony amongst diverse communities, protect the environment, develop a scientific temperament, protect public property, strive towards excellence in all endeavors, and provide children aged six to fourteen with educational opportunities.
Significance of the Fundamental Duties
The relationship between rights and duties is reciprocal. While the Constitution afforded certain fundamental rights to its citizens, it also necessitates observing basic norms of democratic conduct. The Fundamental Duties serve as a reminder to citizens to perform their responsibilities towards society and refrain from anti-social activities. For instance, if laws enacted by the legislature uphold any Fundamental Duty, the court would deem such law as reasonable when determining its constitutionality.
Why Enforcement of Fundamental Duties is Crucial
In traditional Indian society, the emphasis was always on ‘Kartavya’, or performing one’s duties towards society and the nation. The rights and duties existed on an even keel in the erstwhile Soviet Union Constitution. Indeed, enforcing some of these duties, such as preserving the country’s unity and promoting nationalism, are crucial, particularly in the current global context, with nations like China emerging as superpowers.
Legal Provisions for Implementing Fundamental Duties
The Verma Committee on Fundamental Duties of the Citizens (1999) highlighted the existence of legal provisions for implementing certain Fundamental Duties. It stipulated that no person could disrespect the National flag, Constitution, or Anthem under the Prevention of Insults to National Honour Act 1971, and outlined punishments for caste or religion-related offences under The Protection of Civil Rights Act (1955). Non-compliance with Fundamental Duties can impact Fundamental Rights guaranteed under Articles 14, 19, and 21 of the Constitution, lending credence to the need for enforcement.
The Supreme Court’s View on Fundamental Duties
The Ranganath Mishra judgment 2003 by the Supreme Court emphasized that fundamental duties should not only be enforced by legal but also social sanctions. In AIIMS Students Union v. AIIMS 2001, the Supreme Court held that the importance of fundamental duties was on par with that of fundamental rights. Even if they aren’t legally enforceable, duties form an integral part of the core values outlined in Part IV A of the Constitution.
Looking Ahead
To create more responsible citizens, there’s a need for a standard policy for “proper sensitization, full operationalization and enforceability” of fundamental duties. This initiative could play a significant role in fostering responsible citizenship.
