Fundamental Duties 5.

1
Presented by Dr. Roman Saini
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FUNDAMENTAL DUTIES
 Fundamental duties:
Introduction
• Moral obligations of all citizens to help promote a spirit of patriotism and to
uphold the unity of India

• Rights and duties of the citizens are correlative and inseparable

• 2 sides of the same coin

• Even if not mentioned explicitly, they are presumed and are implicit

• Not a part of original constitution

• But by 42nd CAA, 1976, it was made an indispensable part of the constitution
 Fundamental duties:
Introduction
• Not removed by 43rd or 44th CAA, 1978. So, overall inter-party
consensus

• Increased to 11 by the 86th CAA in 2002

• Inspired from USSR constitution

• Citizen’s exercise of their rights and freedoms was inseparable

from the performance of their duties and obligations
• Furthering national interest and integration of our composite culture

• Most democracies like USA, France don’t mention them explicitly

• Japan is one of the few democratic nations which mentions it

explicitly

• FDs reference also in :

• Universal Declaration of Human Rights

• International Covenant on Civil and Political Rights

 Fundamental Rights Fundamental Duties

Both citizens and aliens Only citizens

Justiciable in a court of law, direct

Non-justiciable
enforceable
Government’s obligation to
Our obligation to government
citizens in a democracy
No need for making a law for its Law needs to be made by
enforceability parliament for its enforceability
 Swaran Singh Committee
Recommendations
• Sardar Swaran Singh Committee : make recommendations on
fundamental duties (8 but eventually 10, now 11)

• Need felt during the operation of the internal emergency (1975–

1977)

• 42nd CAA- 1976, Part IVA, Art 51A

• Citizens should be aware about FDs while they enjoy fundamental

rights
 Swaran Singh Committee
Recommendations: Not accepted

• If citizens do not follow/ violate these FDs, penalty and punishment

can be imposed by parliament

• No JR of such law giving force to FD

• Make duty to pay taxes a FD

 Observations on FD
• Moral & civic duties

• Non-enforceable and non-justiciable. But various laws make sure

they are implemented

• Integral values being part of the Indian tradition, mythology,

religions and practices.

• Codification of tasks integral to the Indian way of life.

• FRs = citizens and foreigners, FDs = Citizens only

 Criticism
• Not exhaustive : casting vote, paying taxes, limiting populstion growth etc. are not
included as FD

• Vague, ambiguous and difficult to be comprehended by layman. “strive toward

excellence”, “composite culture”, “spirit of common brotherhood”

• Like DPSP, they are superfluous, code of moral precepts as they are non- justiciable
in character.

• Whats the need to add them, they will be performed by conscientious citizen
anyway

• If at all you want to include them, why as an appendage to Part IV, rather keep them
in Part III
 Significance
• Though not enforceable, yet held by the Supreme Court to be obligatory for all citizens

• Gentle but swift reminder that citizens have duties towards India, society, and their fellow brethren

• Strong deterrence to anti-national and antisocial activities like disrespecting the national flag, destroying
public property, resorting to violence etc.

• Source of inspiration for the citizens and promote a sense of discipline, honour, loyalty and commitment
among them

• Citizens are not passive observer but active participants in the realisation of true potential of this great
nation

• Help courts in determining the constitutional validity of a law. They help SC in validating various laws which
otherwise would have been unconstitutional, null and void with respect to Article 14 and 19
 Laws giving effect to FD
• RTE, 2009

• Prevention of Insults to National Honour Act, 1971

• NSA, 1980

• Various Cr.PC amendments for having women centric laws

• Environment protection law, wildlife protection, air pollution, water

pollution
 Fundamental Duties: List
• To abide by the constitution and to repspect its ideals and institutions, the National
Flag and the National Anthem. Under bright sunshine, we are singing national
anthem, with book of constitution, burning a hole, covered by our hand

• To cherish and follow the noble ideals which inspired our national struggle for
freedom. Someone hurling shoe on statute of great leaders, you beat him using his
own shoe

• To uphold and protect the sovereignty, unity and integrity of India. Punched a hole
using SUI (needle in english) and air out of ballon-like-tree comes out and it collapses.

• To defend the country and render national service when called upon to do so. You
are rushing to border sitting on a boar and its speed is increasing as you approach
your destination
 Fundamental Duties: List
• To promote harmony and the spirit of common brotherhood amongst all
the people of India transcending linguistic and regional or sectional
diversities; to renounce practices derogatory to the dignity of women.
Anyone creating chaos is punished by unleashing honey bees on him

• To value and preserve the rich heritage of our composite culture. Taj
Mahal standing on support of sticks

• To protect and improve the natural environment including forests, lakes,

rivers and wild life, and to have compassion for living creatures. Imagine
you have died and there is a long queue in front of heaven and those who
have tortured wild life in any way, are not allowed entry inside.
 Fundamental Duties: List
• To develop the scientific temper, humanism and the spirit of inquiry and reform.
Inside your head is a gate, you open the gate, put all your bind faiths and beliefs in
that and eat the key

• To safeguard public property and to abjure violence. Anyone promoting is violence

is asked to stand in a line first and then punished.

• 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.
Imagine we are in a poultry farm and only best quality of hens are produced by us.

• Parents or Guardians – opportunities for education (6-14 Years of Child/Ward). After

we are done with national anthem and protecting constitution book, we are heading
back to class for learning.
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