FUNDAMENTAL DUTIES

Overview :-

• Inspired by constitution of USSR

• Japanese constitution – only democratic constitution with fundamental duties included

Swaran singh Committee :-

• Set up by Congress party – Purpose ? - to make recommendations about F.D.

• the necessity and need of fundamental duties – kb realise hui? - During internal emergency
• Recommended to have chapter on F.D.
• Stressed that – citizens should be conscious about their duties as well in addition to their rights
• Added by 42nd amendment 1976 – which added Part IV(A) - which has only one Art 51(A)
• Though committee suggested – 8 duties but it had – 10 duties
• Duties not incorporated :
 Parliament should give punishment/ penalty for not following the duties
 No law implementing the punishment should be questionable in court
 Duty to pay taxes

List of Fundamental Duties :-

✓ To abide and respect the constitution + national flag + national anthem

✓ Cherish and follow noble ideals
✓ Protect sovereignty, integrity and unity of nation
✓ Defend country and provide national service whenever necessary
✓ To promote harmony and brotherhood
✓ Preserve rich heritage
✓ Improve + protect environment
✓ Develop scientific temper
✓ Safeguard public property
✓ This added by 86th amendment – provide opportunities for education – between age 6 to 14 yrs

Features of F.D. :-

• Some moral and some civic duties

• Refer to values which are part of indian tradition
• Only confined to citizens
• Non justiciable

Criticism of F.D. :-

• Not cover important duties

• Vague and ambiguous
• Non justiciable
• Their inclusion is superfluous
• Should have been added after Part III
Significance of F.D. :-

• Reminder to citizens to be conscious of their duties

• Warning against anti - national and anti-social activities
• Help courts in checking constitutional validity of law
• Enforceable by law
• Strengthen democracy

Verma committee observations :-

• Verma committee ne recommend kiya ki inki implementation ke liye kuch legal provisions hone
chahiye like -
❑ The prevention of insults to national honour act
❑ Protection of Civil rights act
❑ Indian penal code
❑ RPI
❑ Wildlife protection act
❑ Forest conservation act

Note :- In 2003, S.C. direct the central govt to enact a law for enforcement of F.D. as recommended by
Verma committee.