- The original constitution contained only the F. Rights and not the F. Duties.
- In 1976, Fundamental Duties were added to the Constitution by 42nd CAA, 1976. One more FD was added by 86th CA 2002.
- The Fundamental Duties are inspired by the Constitution of erstwhile USSR.
- Japanese Constitution is the only democratic constitution in the world with a list of duties of citizens.
- Supreme Court (1992) ruled – In determining the constitutional validity of any law, if law in question seeks to give effect to FDs, it may consider such law to be ‘reasonable’ in relation to Art. 14 or Art. 19 and thus saving such law from unconstitutionality.
- Paying taxes (Recommended by Swaran Singh) and voting in elections are not included in Fundamental Duties.
- FDs help the courts in examining and determining the constitutional validity of a law.
|SWARAN SINGH COMMITTEE RECOMMENDATIONS|
- In 1976, the Fundamental Duties were first recommended by Swaran Singh Committee, its need was felt during the internal emergency (1975-77).
- The 42nd CAA, 1976 added a new Part IV-A to the Constitution consists of single Article 51A, which contains ten fundamental duties of citizens – Presently 11 duties.
- The committee suggested eight Fundamental Duties , the 42nd CAA, 1976 included ten Fundamental Duties.
- Swaran Singh Committee had suggested for penalty or punishment for the non-performance of Fundamental Duties.
|LIST OF FUNDAMENTAL DUTIES|
- To abide by the Constitution and respect National Flag and National Anthem (Not national song)
- To follow the noble ideals that inspired the struggle for freedom.
- To protect the sovereignty, unity and integrity of India.
- To render national service when called upon to do so.
- To promote the common spirit of brotherhood amongst all Indians + to renounce practices derogatory to the dignity of women.
- To preserve the rich heritage of country’s culture.
- To protect national environment including forests, lakes, wildlife, etc.
- To develop scientific temper, humanism and spirit of reform and inquiry.
- To safeguard public property and to abjure violence.
- To strive towards excellence in all sphere of individuals.
- To provide opportunity for education to his child between the age 6 and 14 years.
|IMPORTANT FEATURES OF THE FUNDMENTAL DUTIES|
- FDs are confined to citizens only & not to foreigners.
- FDs are non-justiciable by courts. However, Parliament can enforce through suitable legislation.
- NOTE: Duty to pay taxes and Duty to vote are not part of FDs.
|VERMA COMMITTEE ON FDs OF THE CITIZENS (1999)|
- Identified the existence of legal provisions for the implementation of some FDs. Ex :– Wildlife Protection Act, 1972.
- Verma committee Recommended reorienting approaches to school curriculum and teacher’s education programmes and incorporating FDs in higher and professional education.