Fundamental Duties

Topics Discussed: -

·       Introduction

·       Features

·       List of Fundamental Duties of Indian Citizens

·       Significance of Fundamental Duties

·       Criticism of Fundamental Duties

·       PRACTICE QUESTIONS

·       Introduction

1.    These were added by the 42nd amendment in 1976. The list was created on recommendation of Swaran Singh committee. 

2.    They are influenced from the USSR constitution. 

3.    None of the democratic countries except Japan have fundamental duties as a part of their constitutions. It is feature common in constitutions of socialist countries. (Article 51A)

4.    The codify tasks integral to the Indian way of life. Most of these duties are moral and others are civic.

5.    They are applicable to citizens only and not aliens both friendly or enemy.

·       Features

       I.            Fundamental Duties are categorized into two- Moral Duty & Civic Duty

A.    Moral Duty: cherishing noble ideals of freedom struggle

B.    Civic Duty: respecting the Constitution, National Flag and National Anthem

       I.            They essentially contain just a codification of tasks integral to the Indian way of life

    II.            The Fundamental Duties are confined to Indian citizens only and do not extend to foreigners unlike few Fundamental rights.

  III.            They are also no justiciable similar to Directive Principles of State Policy

 IV.            There is no legal sanction against their violation

·       List of Fundamental Duties of Indian Citizens

Significance of Fundamental Duties

The responsibility of doing or of not doing some work is known as duty. Duty is that positive or negative work that a man has to do, he may be willing for that or not. The fundamental duties are those duties which are essential for every citizen for his/her own progress, for the progress of the society and for the well-being of the nation.

The importance of the fundamental duties is:

       I.            The Fundamental Duties are non-controversial in nature: Politicians of different views agree on the utility and importance of Fundamental Duties. They are in the best interest of the country and awaken patriotism among the citizens.

    II.            The Fundamental Duties are the ideals and the guidelines for the individual: These rights are ideal in nature and lead the citizen in the right direction. The environment of selfishness is rampant in the country. There is no balance between the interests of the society and individual. This tendency is eroding the society. Fundamental duties would serve as an ideal behaviour to all of them.

  III.            The Fundamental Duties create consciousness among the people: The fulfilment of the fundamental duties is voluntary and not compulsory. They will slowly awaken the conscience of the people to do their duties.

·       Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticized on the following grounds:

They have been described by the critics as a code of moral precepts due to their non-justiciable character. Their inclusion in the Constitution was described by the critics as superfluous. This is because the duties included in the Constitution as fundamental would be performed by the people even though they were not incorporated into the Constitution.

Some of the duties are vague, ambiguous and difficult to be understood by the common man.

The list of duties is not exhaustive as it does not cover other important duties like casting vote, paying taxes, family planning and so on. In fact, duty to pay taxes was recommended by the Swaran Singh Committee.

The critics said that the inclusion of fundamental duties as an appendage to Part IV of the Constitution has reduced their value and significance. They should have been added after Part III so as to keep them on par with Fundamental Rights.

Swaran Singh’s Committee recommended more than 10 Fundamental Duties however, not all were included in the constitution. Those duties recommended by the committee which were not accepted were:

Citizens to be penalized/punished by the parliament for any non-compliance with or refusal to observe any of the duties.

The punishments/penalties decided by the Parliament shall not be called in question in any court on the ground of infringement of any of Fundamental Rights or on the ground of repugnancy to any other provision of the Constitution.

Duty to pay taxes.

·       PRACTICE QUESTIONS

Q.1. Which of the following statements is true with respect to 42nd Constitutional Amendment Act?

        1. Fundamental Duties were incorporated into the Constitution   of India by the 42nd Constitutional Amendment Act, 1976
        2. Ten Fundamental Duties were included by this Amendment
        3. The 11th Fundamental Duty was incorporated by the 86th Constitutional Amendment Act, 2002

·         Select the correct answer using the code given below.

·         (a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3

Answer. d

Q.2. Fundamental Duties were added on the recommendation of which committee?

(a) Swaran Singh Committee
 (b) Sarkaria Committee
 (c) Urjit Patel Committee
 (d) Nayar Committee

Answer. a

Q.3.  Consider the following statements:

   1. The duties enumerated in Art. 51-A are non-statutory duties and are not enforceable by law.
   2. Violation of the Fundamental Duties can be met with Punishment but constitution doesn’t mention any penalty for its violation.
   3. Parliament can prescribe penalty for the violation of Specific Duties

Select the correct answer using the code given below.

(a)    1 and 2 only
(b)    1 and 3 only
(c)    2 and 3 only
(d)    1, 2 and 3

Answer .c

Q.4. Which of the following is not a Fundamental Duty?

 1. To uphold and protect the sovereignty, unity and integrity of India
 2. To exercise our Universal Adult Franchise at the time of general elections
 3.  To value and preserve rich heritage of our composite culture

Select the correct answer using the code given below.

(a)    1 and 2 only
(b)    1 and 3 only
(c)    2 and 3 only
(d)    1, 2 and 3

Answer. b

Q.5. The 86th Constitutional Amendment Act, 2002 puts duty on parent or guardian to provide opportunities for education to his Child or Ward in the age of

 (a) 6 to 14
(b) 6 to 10
(c) 5 to 15
(d) 6 to 16

 Answer. a