Fundamental Duties

• Originally Fundamental duties were not incorporated in the Constitution.
• In 1976, 10 fundamental duties of citizens were added in the Constitution (42nd Constitutional Amendment Act in 1976)
• Part IVA to the Constitution, Article 51A.
• In 2002, one more Fundamental Duty was added.
• Taken from the Constitution of erstwhile USSR
• Japanese Constitution is the only democratic Constitution in world which contains a list of duties of citizens.
• The socialist countries gave equal importance to the fundamental rights and duties of their citizens.

Swaran singh committee recommendations

• In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties.
• The committee recommended the inclusion of a separate chapter on fundamental duties in the Constitution.
• The Swaran Singh Committee suggested the incorporation of eight Fundamental Duties in the Constitution, but the 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties.

Unaccepted recommendations of the Committee:

1. To impose penalty or punishment for non-compliance of the duties.
2. Such penalty or punishment shall be called in question in any court on the ground of infringement of any of Fundamental Rights.
3. Duty to pay taxes.

List of fundamental duties

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
(b) to cherish and follow the noble ideals that inspired the national struggle for freedom.
(c) to uphold and protect the sovereignty, unity and integrity of India.
(d) to defend the country and render national service when called upon to do so.
(e) 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.
(f) to value and preserve the rich heritage of the country’s composite culture.
(g) to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.
(h) to develop scientific temper, humanism and the spirit of inquiry and reform.
(i) to safeguard public property and to abjure violence.
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.
(k) 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.

Verma committee observations

On Fundamental Duties of the Citizens (1999) identified the existence of legal provisions for the implementation of some of the Fundamental Duties.

1. The Prevention of Insults to National Honor Act (1971)
2. The various criminal laws.
3. The Protection of Civil Rights Act4 (1955) related to caste and religion.
4. The Indian Penal Code (IPC)
5. The Unlawful Activities (Prevention) Act of 1967.
6. The Representation of People Act (1951).
7. The Wildlife (Protection) Act of 1972.
8. The Forest (Conservation) Act of 1980.