History of Fundamental Duties of the Indian Constitution
The Indian independence movement sought to establish the concepts of liberty and social welfare as the goals of an independent Indian state, resulting in the Fundamental Rights and Directive Principles. Civil rights were an important part of the Indian independence fight, with one of the Indian National Congress’s (INC) aims being to remove discrimination between British rulers and their Indian subjects. Between 1917 and 1919, the INC passed resolutions expressing this goal. These resolutions asserted Indians' rights to equality before the law, free expression, and jury trials, among other things.
As part of the power transfer process during the last stages of the British Raj, the 1946 Cabinet Mission to India proposed a Constituent Assembly that would write a Constitution for India. According to the Cabinet Mission’s proposal, the Assembly would have an Advisory Committee that would advise it on the nature and scope of basic rights, the protection of minorities, and tribal government. The Advisory Committee was formed as a result. J. B. Kripalani presided over the formation of a twelve-member subcommittee on Fundamental Rights in February 1947. The subcommittee had finished developing the Fundamental Rights by April 1947 and had given its report to the Committee. Later that month, the Committee brought it to the Assembly, which debated and evaluated the rights for the following year until accepting the majority of the versions in December 1948. The Directive Ideas, which were also written by the Fundamental Rights Subcommittee, advocated for the socialist conceptions of the Indian independence fight and were influenced by equivalent principles in the Irish Constitution. The Fundamental Duties are added to the Constitution by the 42nd Amendment, which was passed in 1976.
What are fundamental duties?
Fundamental responsibilities imply the moral obligations of all people of a nation, and now, India has 11 fundamental duties specified in Part IV-A of the Constitution to foster patriotism and enhance India’s unity.
The basic obligations of India were not originally included in the Indian Constitution; rather, they were introduced by the 42nd and 86th Constitutional Amendment Acts. The list of basic rights and responsibilities, as well as the Directive Principles of State Policy, are portions of the Indian Constitution that expound on the states’ important commitments to its residents, as well as their duties and rights as Indian citizens. Just as all citizens have equal rights, they also have an equal basic obligation to uphold other rights (specified in Article 21) and to ensure that these rights are not violated. A person cannot expect to enjoy all of the legal benefits and freedoms unless they execute their corresponding basic obligations.
Need for Fundamental Duties
Fundamental responsibilities are significant and have a significant position in our Indian Constitution. It is believed that where there is a right, there must also be a responsibility. One cannot abstain from his or her responsibilities to the nation. Duties are an inalienable component of being a citizen of a country. Rights and responsibilities are inextricably linked.
The obligations serve as a reminder to people that, in addition to their rights, they must also discharge their duties.
It simply states that no anti-national behavior would be tolerated. Duties specifically remind citizens of the need of defending the nation and preserving its sovereignty and integrity.
Duties make every person a responsible member of society. It transforms citizens into active members of a nation.
It contributes to the strengthening of democracy and the proper balance of citizens' rights and obligations.
The 11 Fundamental duties of every citizen of India
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 amongst all the 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; and
To provide opportunities for education to his child or ward between the age of six and fourteen years (added by the 86th Constitutional Amendment Act, 2002).
Important case laws
The function of precedents in lawmaking is one of the most significant elements of common law nations, hence it is critical to examine decisions that have changed through time. The following are some of the most notable case laws:
M.C. Mehta vs. Union of India & Ors[1]
In this case, the petitioner, a well-known legal personality, had submitted the case before the Court, alleging that neither the government nor the people were paying enough attention to halt the contamination of the river Ganga, and that action be taken to safeguard the river Ganga from pollution and maintain it clean.
The Supreme Court ruled that under Article 51A(g), the central government is required to provide mandatory teachings on environmental conservation and improvement in all educational institutions throughout the country for at least one hour every week. The federal government was directed to make available publications written on the subject and to distribute them for free in educational institutions. The recommendation was made to organize activities such as keep the city clean, keep the town clean, and keep the village clean week in every city, town, and village throughout India at least once a year to encourage locals and stimulate their interest and active involvement.
A.I.I.M.S. Students Union vs. A.I.I.M.S. & Ors[2]
In this case, A.I.I.M.S. had an internal policy of reservation to its internal students in the postgraduate curriculum in excess of the central government’s 50% reserve. The reservation was overturned by the court because it violated Article 14 of the constitution, and the Court enshrining the importance of fundamental duties stated that while fundamental duties cannot be enforced by the courts, they are important because they provide valuable guidance and are an important tool for interpreting many constitutional and other legal issues. When there is question regarding the essential obligations as a people’s mandate, Article 51A plays a critical role not only in resolving the matter but also in developing fresh and trendsetting concepts as a judicial relief. Each responsibility contains an essence, and each duty builds a sense of obligation by remaining within their constitutional limitations and respecting the constitutional ideals.
The court went on to say that even while Article 51A does not specifically lay any basic responsibility on the state, the reality remains that the duty of every citizen of India is the collective duty of the state. For the first time, it was noticed that the state can also be required to obey these obligations.
Aruna Roy vs. Union of India[3]
In this case, the Supreme Court has ruled that the National Curriculum Framework for School Education breaches Article 28 of the Constitution and goes against the secular foundation of our country. It was giving value education development in relation to the world's main faiths. The court ruled that the National Curriculum does not include any religious teaching that is banned under Article 28.
These are fulfilling the purpose of Article 51A(e), which states that the people will strive to promote harmony and the spirit of common brotherhood among all the people of India, regardless of caste, creed, culture, or language, and that it must work on renouncing several practises that are derogatory to the dignity of a woman.
Drawbacks of the Fundamental duties
The Fundamental Duties mentioned in Part IV-A of the Constitution have been criticized on the following grounds:
Due of their non-justiciable nature, opponents have referred to them as a set of moral principles. Their presence in the Constitution was deemed redundant by opponents. This is due to the fact that the obligations listed in the Constitution as basic would be performed by the people even if they were not mentioned in the Constitution.
Some of the responsibilities are hazy, confusing, and difficult to be comprehended by the average person. Furthermore, the list of responsibilities is not complete, since it does not include other vital responsibilities such as voting, paying taxes, family planning, and so on. The Swaran Singh Committee, in reality, proposed the taxation obligation. Their committee proposed more than ten Fundamental Duties, however not all of them were adopted in the Constitution. The following committee-recommended tasks were not accepted:
Citizens to be penalized/punished by the parliament for any non-compliance with or refusal to observe any of the duties.
The punishments/penalties decided by the Parliament shall not be called in question in any court on the ground of infringement of any of Fundamental Rights or on the ground of repugnancy to any other provision of the Constitution.
Duty to pay taxes.
It should also be emphasized that the addition of basic obligations as an appendix to Part IV of the Constitution has diminished their importance and usefulness. They should have been included after Part III to maintain parity with Fundamental Rights.
Difference between Fundamental rights and Fundamental Duties
An individual often mistakes Fundamental duties with Fundamental rights. Therefore, the table below explains the difference between the two:
Conclusion
While the Fundamental Rights are important for the general development of individuals and the country because they protect liberties and freedoms from governmental interference, they also prevent the growth of authoritarian and dictatorial rule in the country. On the other hand, Fundamental Duties acts as a continual reminder to citizens when exercising their rights that they must be cognizant of their responsibilities to their nation and other citizens. They contain the element of compulsion in terms of compliance, which is supported by a number of judicial decisions available for the execution of specific sections under Article 51A.
The term ‘Fundamental’ which is used before duties is the eminent part; it lends equal respect to Fundamental Rights and can be connected. Fundamental obligations are recommendations for a socially conscious and ethically upright Indian person. They must be obeyed by all citizens, even if they are not legally binding.
Written By,
Kalpana Nailwal
Intern, Chanchlani Law World
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