FUNDAMENTAL DUTIES OF INDIAN CITIZENS

Articles, Constitutional Law

FUNDAMENTAL DUTIES OF INDIAN CITIZENS

December 19, 2024

MEANING, DEFINITION & EXPLANATION

Fundamental Duties, enshrined in Article 51A of the Indian Constitution, outline the moral obligations of citizens to promote patriotism and uphold the unity of India. These duties serve as a constant reminder that while citizens enjoy rights, they also bear responsibilities towards the nation. Incorporated by the 42nd Amendment Act in 1976, Part IV-A lists ten duties, with an eleventh added by the 86th Amendment in 2002. These duties encompass respect for national symbols, cherishing noble ideals, upholding sovereignty, promoting harmony, protecting the environment, and striving for excellence. Although non-justiciable, meaning they are not enforceable by law, they play a crucial role in guiding citizen conduct and fostering a sense of duty among Indians.

HISTORICAL BACKGROUND / EVOLUTION

The concept of Fundamental Duties was introduced based on the recommendations of the Swaran Singh Committee, constituted by the government in 1976. The committee drew inspiration from the constitutions of socialist countries, particularly the USSR, which emphasized citizens’ duties alongside rights. The 42nd Amendment Act, 1976, added ten Fundamental Duties to the Constitution. Later, the 86th Amendment in 2002 introduced the eleventh duty, emphasizing the responsibility of parents to provide education to their children aged six to fourteen years. This evolution signifies the Indian state’s recognition of the importance of balancing citizens’ rights with their duties to ensure a harmonious and progressive society.

LEGAL PROVISIONS / PROCEDURE / SPECIFICATIONS / CRITERIA

Article 51A of the Constitution specifies the Fundamental Duties of every citizen:

To abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem.
To cherish and follow the noble ideals that inspired the national struggle for freedom.
To uphold and protect the sovereignty, unity, and integrity of India.
To defend the country and render national service when called upon to do so.
To promote harmony and the spirit of common brotherhood among all people of India, transcending religious, linguistic, and regional or sectional diversities; and to renounce practices derogatory to the dignity of women.
To value and preserve the rich heritage of the country’s composite culture.
To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
To develop scientific temper, humanism, and the spirit of inquiry and reform.
To safeguard public property and to abjure violence.
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.
For parents or guardians, to provide opportunities for education to their child or ward between the ages of six and fourteen years.

These duties, though non-justiciable, are intended to serve as a constant reminder to citizens of their responsibilities towards the nation.

CASE LAWS / PRECEDENTS / OVERRULING JUDGMENTS

While Fundamental Duties are non-justiciable, the judiciary has referred to them in various judgments to emphasize the responsibilities of citizens:

In AIIMS Students Union v. AIIMS (2001), the Supreme Court highlighted that Fundamental Duties are as important as Fundamental Rights. The case involved the validity of institutional reservations in postgraduate medical courses. The Court held that while rights are enforceable, duties, though non-justiciable, cannot be overlooked, emphasizing the need for a balance between rights and duties.
In M.C. Mehta v. Union of India (1988), concerning environmental pollution caused by industries near the Ganga River, the Supreme Court invoked Article 51A(g), emphasizing the duty of citizens to protect the environment. The Court directed industries to install pollution control devices, underscoring citizens’ duty to protect the environment.
In Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh (1987), known as the Dehradun Quarrying Case, the Supreme Court ordered the closure of limestone quarries causing ecological imbalance, referencing the duty to protect the environment under Article 51A(g).

DOCTRINES / THEORIES

The introduction of Fundamental Duties aligns with the Gandhian principle that rights and duties are correlative. Mahatma Gandhi emphasized that real rights are a result of the performance of duty. This perspective suggests that the enjoyment of Fundamental Rights is intrinsically linked to the discharge of Fundamental Duties by citizens, promoting a balanced and responsible exercise of individual freedoms.

MAXIMS / PRINCIPLES

The maxim “Jus et officium ex invicem nascuntur” translates to “Rights and duties arise from each other.” This principle underscores the interdependence of rights and duties, suggesting that the existence of one necessitates the acknowledgment of the other. In the context of Fundamental Duties, it implies that the safeguarding of citizens’ rights is contingent upon the fulfillment of their duties towards the nation.

AMENDMENTS / ADDITIONS / REPEALING

The 42nd Amendment Act of 1976 introduced ten Fundamental Duties into the Constitution. Subsequently, the 86th Amendment Act of 2002 added the eleventh duty, which mandates that parents or guardians provide opportunities for education to their children or wards between the ages of six and fourteen years. These amendments reflect the evolving understanding of citizens’ roles in nation-building and the importance of education in personal and national development.

CRITICISM / APPRECIATION

While the inclusion of Fundamental Duties has been lauded for promoting a sense of responsibility among citizens, criticisms have been raised regarding their non-justiciable nature, meaning they cannot be enforced by law. Some argue that without legal enforceability, these duties may be overlooked.