Fundamental Duties

Introduction & Sources

• The original Constitution (when it came into effect in 1950) did not contain any mention of fundamental duties.
• Fundamental duties were incorporated into the Indian Constitution by the 42nd Constitutional Amendment Act, 1976, based on the recommendations of the Sardar Swaran Singh Committee.
• They have been added under Part IV-A and the single Article 51A of the Constitution.
• The concept of fundamental duties is borrowed from the constitution of the erstwhile Soviet Union (USSR) (now Russia).

Constitutional Amendments & Count

• 42nd Amendment (1976): A total of 10 fundamental duties were added to the Constitution through this act.
• 86th Amendment Act, 2002: One new duty relating to providing educational opportunities to children between the ages of 6 and 14 years was added through this amendment. As a result, the total number of fundamental duties is now 11.

Salient Features

• Non-justiciable: Unlike fundamental rights, they are not legally enforceable by courts. That is, a person cannot directly approach a court for the violation of a fundamental duty unless a specific separate law is enacted for it.
• Applicable to Citizens Only: These duties apply exclusively to Indian citizens, not to foreign nationals.
• Moral and Political Significance: They serve as a reminder to citizens of their patriotism and responsibilities towards the nation.

The 11 Fundamental Duties under Article 51A

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

(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 which inspired our 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; to renounce practices derogatory to the dignity of women.

(f) To value and preserve the rich heritage of our 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 the 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) Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of 6 and 14 years (added by the 86th Constitutional Amendment Act, 2002).

PYQs

1. Fundamental Duties were incorporated into the Indian Constitution upon the recommendation of which committee?  [Clerkship 2019]

(A) Sarkaria Commission

(B) Sardar Swaran Singh Committee

(C) Balwant Rai Mehta Committee

(D) Verma Committee

Answer: (B) Sardar Swaran Singh Committee

2. By which constitutional amendment act were the Fundamental Duties added to the Indian Constitution? [Clerkship 2007]

(A) 42nd Amendment Act

(B) 44th Amendment Act

(C) 86th Amendment Act

(D) 73rd Amendment Act

Answer: (A) 42nd Amendment Act

3. Under which Part and Article of the Indian Constitution are the Fundamental Duties enshrined?  [Clerkship 2015]

(A) Part III, Article 12-35

(B) Part IV, Article 36-51

(C) Part IV-A, Article 51A

(D) Part IX, Article 243

Answer: (C) Part IV-A, Article 51A

4. The 11th Fundamental Duty, which makes it a duty of a parent or guardian to provide opportunities for education to their child between the age of 6 and 14 years, was added by which amendment?  [Clerkship 2019]

(A) 42nd Amendment Act, 1976

(B) 44th Amendment Act, 1978

(C) 86th Amendment Act, 2002

(D) 103rd Amendment Act, 2019

Answer: (C) 86th Amendment Act, 2002

5. From which country’s constitution was the concept of Fundamental Duties borrowed into the Indian Constitution?  [Clerkship 2009]

(A) USA

(B) Irish Republic

(C) Former USSR (Soviet Union)

(D) Weimar Constitution of Germany

Answer: (C) Former USSR (Soviet Union)