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Fundamental
Duties In
India Under
Article UPSC Polity Notes
Article 51A
Features &
Various
Committee
Reports
Fundamental duties in Indian constitution are a set of moral obligations that are to be followed by all the
Indian citizens. The idea for Fundamental duties in Indian constitution was taken from the constitution of
erstwhile USSR.

• Originally, the constitution framers did not include fundamental duties in the constitution.
• Since the necessity of fundamental duties were felt during the internal emergency period
(1975 - 1977), the Sardar Swaran Singh Committee recommended that fundamental duties
should be added to the constitution of India as a separate chapter.
• Based on this recommendation, Part IV A which dealt with fundamental duties was added to the
constitution by 42nd Constitutional Amendment Act in 1976.
• Initially 10 fundamental duties were added under the article 51(A). Later in 2002, the 86th
Constitutional Amendment Act added one more duty to the list. Thus in total there are 11
fundamental duties in the Indian Constitution.

UPSC often asks questions related to Fundamental duties in Indian Constitution and thus it is a very
important topic under Indian Polity for the upcoming UPSC exam.
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List Of 11 Fundamental Duties In India


Article of
Provision
Constitution
To abide by the Constitution and respect its ideals and institutions, the National Flag
51 A (a)
and the National Anthem.
51 A (b) To cherish and follow the noble ideals which inspired our Indian freedom Struggle.
51 A (c) To uphold and protect the sovereignty, unity, and integrity of India.
51 A (d) To defend the country and render national services when called upon to do so.
To promote harmony and the spirit of common brotherhood amongst all the people of
51 A (e) India transcending religious, linguistic, and regional or sectional diversities; to
renounce practices derogatory to the dignity of women.
51 A (f) To value and preserve the rich heritage of our composite culture.
To value, protect and improve the natural environment including forests, lakes, rivers,
51 A (g)
and wildlife, and to have compassion for living creatures.
51 A (h) To develop the scientific temper, humanism, and spirit of inquiry and reform.
51 A (i) To safeguard public property and to abjure violence.
To strive towards excellence in all spheres of individual and collective activity so that
51 A (j)
the nation constantly rises to higher levels of endeavor and achievement.
Duty of the parent or guardian to provide opportunities for education to his child, as
51 A (k) the case may be, between the age of six and fourteen years (added by 86th
Amendment Act, 2002).

Also read: Election laws

Features Of Fundamental Duties In India


Following are the features of Fundamental duties in Indian Constitution,

• These fundamental duties are applicable only to Indian Citizens and not to foreigners.
• They are non-justiciable. Thus they cannot be enforced directly by the court, but the courts
consider these duties while interpreting the laws. This can be enforced only by Parliament
legislation.
• Some of these are moral duties (for which there is no punishment on violation) while others are
civic/legal duties (for which there is punishment on violation).
• The fundamental duties represent the values followed by various cultures in India. They are
codification of the Indian way of life.

Swaran Singh Committee 1976 Report:


• It was suggested that a separate chapter on fundamental duties be added to the Constitution.

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• It emphasized that citizens should be aware that, in addition to enjoying rights, they also have
responsibilities, and proposed the introduction of eight Fundamental Duties into the Constitution.
• In 1976, the Central Government accepted these proposals and adopted the 42nd
Constitutional Amendment Act, which added a new section to the Constitution, known as Part
IVA.
• The new section consisted of only one article, Article 51A, which established a code of ten
essential citizen duties for the first time.
• Interestingly, some of the Committee's recommendations were not accepted and thus were not
incorporated into the Constitution, such as:
• The Parliament may provide for the imposition of such penalty or punishment as may be
deemed appropriate for any non-compliance with or refusal to observe any of the duties.
• No law imposing such a penalty or punishment may be challenged in court on the basis of a
violation of one or more
• Fundamental Rights or a violation of any other provision of the Constitution.
• The obligation of citizens to pay taxes should also be considered a fundamental duty.

Fundamental Duties Reviewed by Verma Committee


• In 1998, the Justice Verma Committee was formed to devise a strategy and develop a
methodology for implementing a national program to teach fundamental duties, make it
enforceable in every educational institution, and initiate in-service training.
• It was suggested that Article 51A of the Constitution be amended to add the responsibility to
vote in elections, actively engage in the democratic process of governance, and pay taxes.
• It also outlined legal provisions for carrying out several of the Fundamental Duties, including:
• Disrespect for the Indian Constitution, the National Flag, and the National Anthem is prohibited
under the
• Prevention of Insults to National Honour Act (1971).
• Offenses relating to caste and religion are punishable under the Protection of Civil Rights Act 4
(1955).
• The Unlawful Activities (Prevention) Act of 1967 allows a communal organization to be declared
an unlawful association.

Also read: Parliament of India for UPSC here

Importance Of Fundamental Duties In India (Part IV-A)


The significance of fundamental duties are as follows

• They warn the citizens of India against antisocial and anti-national activities.
• They remind Citizens to follow certain fundamental duties while enjoying the fundamental rights
conferred to them by the constitution.
• They promote a sense of discipline and commitment among the citizens and also helps them to
realise the importance of participation in realization of national goals.
• They are used by the courts to verify the constitutional validity of a law.

You might like to read: Electoral reform For UPSC here

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Criticism Against Fundamental Duties In India


• The fundamental duties in Indian constitution do not include important duties such as casting
votes, paying taxes, etc.
• These duties cannot be questioned in the court of law for enforcement as they are non-
justiciable in nature.This questions the purpose of their existence in the Indian constitution.
• Some of the duties are not in layman terms and difficult to understand. Different interpretations
are made for those terms. For example, composite culture, scientific temper etc.
• Some critics claim that these are basic duties which will be followed by the people even if they
are not mentioned in the Constitution.
• Critics also argue on their place in the Constitution. In their opinion, it should be placed after
part III (fundamental rights) instead of part IV (Directive Principles of State Policy) in order to
keep them at par with the fundamental rights.

The then Prime Minister of India, Indira Gandhi commented that inclusion of fundamental duties in Indian
Constitution will strengthen democracy. Though the fundamental duties were incorporated based on the
recommendations of the Swaran Singh Committee, some of the fundamental rights suggested by them
were not considered by the Congress party. Inclusion of certain duties such as duty to vote, duty to pay
taxes,duty to keep the surrounding clean and so on would make the citizen’s more accountable towards
the country’s development.

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