Professional Documents
Culture Documents
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.
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• 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.
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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.
• 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.
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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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