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FUNDAMENTAL DUTIES - Gurukul Kendra

FUNDAMENTAL DUTIES

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  • The rights and duties of the citizens are correlative and inseparable, the original constitution contained only the fundamental rights and not the fundamental duties.
  • Later in 1976, the fundamental duties of citizens were added in the Constitution.
  • In 2002, one more Fundamental Duty was added.
  • The Fundamental Duties in the Indian Constitution are inspired by the Constitution of erstwhile USSR.
  • Japanese Constitution is, perhaps, the only democratic Constitution in world which contains a list of duties of citizens.

> FD- Duties of Individual

> DPSP- Duties of State

  • 42nd Constitutional Amendment Act in 1976. This amendment added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is, Article 51A ten fundamental duties of the citizens.
  • Swaran Singh Committee suggested the incorporation of eight Fundamental Duties in the Constitution, the 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties. 
    1. The Parliament may provide for the imposition of such penalty or punishment as may be considered appropriate for any non-compliance with or refusal to observe any of the duties.
    2. No law imposing such penalty or punishment shall 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.
    3. Duty to pay taxes should also be a Fundamental Duty of the citizens.


FEATURES OF THE FUNDAMENTAL DUTIES

Following points can be noted with regard to the characteristics of the Fundamental Duties:

  1. Some of them are moral duties while others are civic duties. For instance, cherishing noble ideals of freedom struggle is a moral precept and respecting the Constitution, National Flag and National Anthem is a civic duty.
  2. They refer to such values which have been a part of the Indian tradition, mythology, religions and practices. In other words, they essentially contain just a codification of tasks integral to the Indian way of life.
  3. Unlike some of the Fundamental Rights which extend to all persons whether citizens or foreigners, the Fundamental Duties are confined to citizens only and do not extend to foreigners.
  4. Like the Directive Principles, the fundamental duties are also non- justiciable. The Constitution does not provide for their direct enforcement by the courts. Moreover, there is not legal sanction against their violation. However, the Parliament is free to enforce them by suitable legislation.


LIST OF FUNDAMENTAL DUTIES

According to Article 51 A, it shall be the duty of every citizen of India:

(1)to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;  (no National Song is covered here)

(2)to cherish and follow the noble ideals that inspired the national struggle for freedom;

(3)to uphold and protect the sovereignty, unity and integrity of India;

(4)to defend the country and render national service when called upon to do so;

(5)to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women;

(6)to value and preserve the rich heritage of the country’s composite culture;

(7)to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures;

(8)to develop scientific temper, humanism and the spirit of inquiry and reform;

(9)to safeguard public property and to abjure violence;

(10)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; and

(11)to provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002.


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