Fundamental Duties

 Duties are obligations.

 In political theory rights and duties coexist together.
 John Locke – In order to enjoy rights one must accept duties.
 Individuals exercise rights only as a part of society.
 Initially duties were not the part of Indian constitution. Added on recommendations of
Swarna Singh Committee.
 Added by 42nd ca 1976 in part IVA, initially 10 were added and later on by 86 th ca 11th FD
was added. (During emergency)
 They are unenforceable.
 Scholarly Criticism –
1. Nani Palkhiwala – Some of them are inconsistent in nature. Lack of
infrastructure.
2. Vaguely defined – cherish the ideas of leaders of Indian freedom struggle
movement.
3. Citizenship values, Indians have more allegiance towards religion, caste, region
etc.
4. Disproportionate emphasis on the concepts of rights rather than enforcement of
duties.
 th
44 ca has not removed FDs.
 Verma Committee suggested inclusion of more FDs and make some of them
enforceable.
 National commission on working of Indian constitution suggested to implement Verma
committee report.
 SC in many cases held that in order to enforce FDs help can be taken from reasonable
restrictions [Ar 19(2)].
Questions-
1. Individuals exercise rights only as a part of society. Discuss.
2. Despite the fact that India had socialist inclination from very beginning still there was no
explicit chapter on FDs explain.
3. Explain the contremporary releavance of FDs.