Author: Monu, pursuing B.B.A.,LL.B.
It is said that a person is right is another person duty and vice-versa. At the begning of enforcement of Indian Constitution Fundamental Duties were not the part of it. They were later added in the year 1976. Fundamental Duties were incorporated in the Indian Constitution by the 42nd amendment. Article 51(A) of Indian constitution describes 11 Fundamental Duties. The 11 fundamental duties for Indian citizens drafted on the lines of moral, ethics and culture code of conduct followed by the people. The duties are educated in nature and direct to the citizens to behave in a honourable manner. The 10 of which were added by 42nd constitutional amendment act in 1976 on the recommendation of Swaran Singh Committee. It is observed that generally the duties were neglected by the individual. The Fundamental Duties were added in the constitution.
SWARAN SINGH MEHTA COMMITTEE RECOMMENDATIONS
In 1976, a committee was set up named Swaran Singh Mehta committee to give recommendation on fundamental duties. It is the period when an international was imposed in India. The committee recommendations were as followed :
1. To add a separate part in constitution on fundamental duties.
2. The committee emphasised that citizens must be made aware of their duties along with their rights.
3. The committee suggested for 8 fundamental duties. But the Parliament incorporated 10 fundamental duties in part IV(A) by 42nd amendment, 1976.
Later on 11th fundamental duty was added by the 86th Constitutional Amendment Act, 2002. Now there are total 11 fundamental duties.
FUNDAMENTAL DUTIES
The original Indian Constitution, which entered in force on January 26, 1950, did not mention of citizen duties and obligations. However, things didn’t go as planned. Therefore, Fundamental Duties were added. The fundamental duties are intended to serve as a constant reminder to every Indian citizen and enforce certain basic norms of domestic behaviour due to the correlation between rights and duties. The Article 51(A) of the constitution lays down fundamental duties of the citizen of India.
1. To give respect to constitutional ideals and institutions, our national flag and the anthem.
2. To follow these ideals and principles which inspired our national struggle for freedom.
3. To protect the sovereignty, unity and integrity of India.
4. To defend the country in every situation and serve the nation when called upon to do so.
5. To spread “we feeling” among all people, to promote harmony among all, not giving importance to differences but believing in unity in diversity.
6. To preserve and conserve the rich heritage culture of our nation.
7. To protect our natural environment, rivers, wildlife, forest and lakes.
8. To developed a scientific temper in oneself and curiosity to inquire and reform.
9. To protect public property and prevent violence.
10. To put maximum efforts into striving excellence in all fields and spheres so that nation reaches a higher level.
11. To provide opportunities to children of age group 6 to 14 years for education.
FEATURES OF FUNDAMENTAL DUTIES
The fundamental duties are derived primary from Indian tradition, mythology religion and practices. Essentially these were the duties that codified tasks essential to the Indian way of line. The following are some feature of the fundamental duties :
1. Fundamental duties can be classified into two duties:
Civil duty
Moral duty
Civil Duty- respecting the constitution, the national flag and the national anthem.
Moral Duty- cherishing noble ideals of the freedom struggle.
2. Fundamental duties to Indian citizens , they do not apply the foreigners, in contrast fundamental rights which apply to both citizens and foreigners.
3. They are in nature of a code of conduct and there is no legal sanction for them because they are non-justiciable.
4. However they are subject to legal enforcement parliament has the authority to pass laws punishing any violation of the fundamental duties.
5. In February 2022, the supreme court issued a notice to the central and state in a writ petition seeking the enforcement of citizens, fundamental duties as enshrined in Indian constitution.
IMPORTANCE OF FUNDAMENTAL DUTIES
Fundamental duties are important for ethical, social and economic reason. If a citizen performs his or her responsibilities he or she has moral claims to his or her rights. Duties can help to sustain the environment and economic development. The importance of fundamental duties is following:
1. They help in promoting the spirit of discipline and patriotism among the citizen.
2. They help in reminding citizen of their fundamental obligation, despite the fact that they are entitled to all fundamental rights.
3. They assist citizens in remembering their responsibilities in order to build a great nation.
4. They inspire people, foster patriotic feelings and install a sense of commitment and discipline in them.
5. They assist the courts in examining and determination the constitutional validity of legislation in matter of public interest.