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Pol - 009 - Fundamental Duties

The Fundamental Duties in the Indian Constitution were added in 1976, inspired by the USSR's Constitution, following recommendations from the Sardar Swaran Singh Committee. Article 51A outlines ten duties for citizens, emphasizing the importance of duties alongside rights, although some proposed duties were not included. These duties include respecting the Constitution, promoting harmony, and providing education for children, and they are nonjusticiable, meaning they cannot be enforced by courts.
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0% found this document useful (0 votes)
109 views3 pages

Pol - 009 - Fundamental Duties

The Fundamental Duties in the Indian Constitution were added in 1976, inspired by the USSR's Constitution, following recommendations from the Sardar Swaran Singh Committee. Article 51A outlines ten duties for citizens, emphasizing the importance of duties alongside rights, although some proposed duties were not included. These duties include respecting the Constitution, promoting harmony, and providing education for children, and they are nonjusticiable, meaning they cannot be enforced by courts.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

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FUNDAMENTAL
DUTIES

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011- Fundamental Duties


 The Fundamental Duties in the Indian Constitution are inspired by the Constitution of erstwhile USSR
 In 1976, the fundamental duties of citizens were added in the Constitution. In 2002, one more
Fundamental Duty was added
 In 1976, the Congress Party set up the added Sardar Swaran Singh Committee to make recommendations
about fundamental duties, the need and necessity of which was felt during the operation of the internal
emergency (1975–1977).
 The committee recommended the inclusion of a separate chapter on fundamental duties in the
Constitution.
 It stressed that the citizens should become conscious that in addition to the enjoyment of rights, they also
have certain duties to perform as well
 The Congress Government at Centre accepted these recommendations and enacted the 42 nd
Constitutional Amendment Act in 1976
 This amendment added a new part, namely, Part IVA to the Constitution. This new part consists of only
one Article, that is, Article 51A which for the first time specified a code of ten fundamental duties of the
citizens.
 Though the Swaran Singh Committee suggested the incorporation of eight Fundamental Duties in the
Constitution, the 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties.
 Interestingly, certain recommendations of the Committee were not accepted by the Congress Party and
hence, not incorporated in the Constitution.

These include:
1. The Parliament may provide for the imposition of such penalty or punishment as may be considered
appropriate for any non-compliance with or refusal to observe any of the duties.
2. No law imposing such penalty or punishment shall 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.
3. Duty to pay taxes should also be a Fundamental Duty of the citizens

◉ LIST OF FUNDAMENTAL DUTIES


1. According to Article 51A, it shall be the duty of every citizen of India:
2. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National
Anthem;
3. to cherish and follow the noble ideals that inspired the national struggle for freedom;
4. to uphold and protect the sovereignty, unity and integrity of India;
5. to defend the country and render national service when called upon to do so;
6. 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;
7. to value and preserve the rich heritage of the country’s composite culture;
8. to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have
compassion for living creatures;
9. to develop scientific temper, humanism and the spirit of inquiry and reform;
10. to safeguard public property and to abjure violence;
11. to strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement; and
12. to provide opportunities for education to his child or ward between the age of six and fourteen years.
This duty was added by the 86th Constitutional Amendment Act, 2002

◉ FEATURES OF THE FUNDAMENTAL DUTIES


1. Following points can be noted with regard to the characteristics of the Fundamental Duties:
2. Some of them are moral duties while others are civic duties. For instance, cherishing noble ideals of

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freedom struggle is a moral precept and respecting the Constitution, National Flag and National Anthem
is a civic duty.
3. They refer to such values which have been a part of the Indian tradition, mythology, religions and
practices. In other words, they essentially contain just a codification of tasks integral to the Indian way of
life.
4. Unlike some of the Fundamental Rights which extend to all persons whether citizens or foreigners, the
Fundamental Duties are confined to citizens only and do not extend to foreigners.
5. Like the Directive Principles, the fundamental duties are also nonjusticiable. The Constitution does not
provide for their direct enforcement by the courts. Moreover, there is not legal sanction against their
violation. However, the Parliament is free to enforce them by suitable legislation.

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