Fundamental Duties

Okay, here's an explanation of the Fundamental Duties in India, including their general background, the need for their inclusion, their overall importance, and a breakdown of each specific duty:

Fundamental Duties in India (Article 51A)

Overall Background:

The Fundamental Duties were not part of the original Constitution of India (1950).1 They were added by the 42nd Constitutional Amendment Act in 1976 during the period of the internal emergency.2 This inclusion was based on the recommendations of the Swaran Singh Committee, which was constituted by the then Congress government.3 The concept of Fundamental Duties was inspired by the Constitution of the erstwhile USSR, which emphasized the citizen's obligations alongside their rights.4 Initially, 10 Fundamental Duties were added.5 The 11th duty was added later by the 86th Constitutional Amendment Act in 2002.

Overall Need for Inclusion:

The need for Fundamental Duties was felt to emphasize that citizens have obligations towards the nation and society, complementing their Fundamental Rights.6 The idea was:

• To remind citizens that the enjoyment of rights comes with responsibilities.

• To serve as a constant reminder of the democratic conduct and behavior expected from citizens.⁷

• To foster a sense of discipline, commitment, and patriotism.

• To create a balance between the individual citizen and the wider society/nation.

• To warn against anti-national and anti-social activities that could undermine the nation's fabric.

Overall Importance:

While Fundamental Duties are non-justiciable (meaning they are not directly enforceable by courts, unlike Fundamental Rights), they hold significant importance:8

• They serve as a moral and ethical guide for citizens, shaping responsible citizenship.⁹

• They inspire citizens to actively participate in nation-building.¹⁰

• They help courts in examining and determining the constitutional validity of a law.¹¹ If a law seeks to give effect to a fundamental duty, it may be considered reasonable in the interest of Article 14 (equality) or Article 19 (freedoms).

• They promote a sense of civic consciousness and responsibility.¹²

• They strengthen the democratic values of the country by making citizens aware of their duties alongside their rights.¹³

Here is an explanation of each of the 11 Fundamental Duties listed under Article 51A of the Constitution:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem14 – [Article 51A(a)]

* Background/Need: This duty was included to instill a sense of reverence for the core symbols and foundational legal framework of the nation.15 Respect for these is essential for maintaining national identity, unity, and constitutional order.16

* Importance: It reinforces allegiance to the Constitution as the supreme law of the land and fosters patriotism.17 Respecting national symbols like the Flag and Anthem promotes national cohesion and reminds citizens of the shared values and sovereignty of the nation.

2. To cherish and follow the noble ideals which inspired our national struggle for freedom – [Article 51A(b)]

* Background/Need: The Indian independence movement was built on high ideals such as democracy, non-violence, secularism, truth, and social justice. This duty aims to ensure that these values continue to guide the nation.

* Importance: It serves as a moral compass, reminding citizens of the sacrifices made by freedom fighters and the values that underpin modern India.18 It encourages citizens to imbibe and promote these ideals in their lives, contributing to a just and equitable society.

3. To uphold and protect the sovereignty, unity and integrity of India – [Article 51A(c)]

* Background/Need: Given India's diverse nature and historical context, maintaining its sovereignty, unity, and integrity is paramount. This duty was included to make citizens conscious of their role in this.

* Importance: This duty makes it an obligation for every citizen to safeguard the nation from internal and external threats that could undermine its existence. It promotes national solidarity and discourages fissiparous tendencies.19

4. To defend the country and render national service when called upon to do so – [Article 51A(d)]

* Background/Need: This reflects the citizen's ultimate responsibility towards national security and defense, especially during times of war, external aggression, or national crisis.

* Importance: It emphasizes that the defense of the nation is not solely the responsibility of the armed forces but a collective duty of all citizens. It fosters a spirit of readiness to serve the nation when required.

5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity20 of women – [Article 51A(e)]21

* Background/Need: This duty addresses India's vast social diversity and the historical challenges of social divisions and gender inequality. It was felt necessary to explicitly promote unity and respect for women.

* Importance: It is crucial for fostering national unity and social cohesion by encouraging citizens to rise above narrow loyalties.22 The specific call to renounce practices derogatory to the dignity of women is vital for promoting gender justice, equality, and social reform.23

6. To value and preserve the rich heritage of our composite culture – [Article 51A(f)]

* Background/Need: India possesses an extraordinarily rich and diverse cultural heritage, a product of centuries of assimilation and co-existence of various traditions.24 This duty aims to ensure its preservation against neglect or destruction.

* Importance: It encourages citizens to appreciate, respect, and safeguard India's unique cultural tapestry, including its monuments, art forms, languages, and traditions. This contributes to maintaining cultural identity and continuity for future generations.

7. To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures25 – [Article 51A(g)]26

* Background/Need: With growing awareness of environmental degradation and its impact, this duty was included to make citizens responsible for the protection of the natural environment.27

* Importance: This duty makes environmental conservation and compassion for living beings a civic responsibility.28 It promotes ecological balance, sustainable development, and the humane treatment of animals, contributing to a healthier planet and a more compassionate society.

8. To develop the scientific temper, humanism and the spirit of inquiry and reform – [Article 51A(h)]

* Background/Need: To foster a rational, progressive, and forward-looking attitude among citizens, encouraging them to question, explore, and seek social change for the better, moving away from superstition and outdated practices.29

* Importance: It promotes a society based on reason, critical thinking, and a commitment to social reform and continuous improvement. Humanism emphasizes the dignity and worth of every individual and a concern for humanity.30

9. To safeguard public property and to abjure violence – [Article 51A(i)]

* Background/Need: Instances of damage to public property during protests, agitations, or riots cause significant national loss.31 This duty aims to instill civic responsibility and promote peaceful methods of dissent.

* Importance: It encourages citizens to protect national assets and resources, which belong to the community as a whole. Abjuring violence is essential for maintaining peace, order, and the democratic fabric of society.32

10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of33 endeavour and achievement – [Article 51A(j)]34

* Background/Need: To inspire citizens to achieve their highest potential in all fields, thereby contributing to the overall progress and development of the nation.35

* Importance: This duty fosters a culture of excellence, diligence, and continuous improvement. It motivates individuals and groups to aim for high standards in their work and activities, leading to national advancement and global recognition.

11. Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years36 – [Article 51A(k)]

* Background/Need: This duty was added by the 86th Constitutional Amendment Act, 2002, which also introduced Article 21A (Right to Education) as a Fundamental Right.37 It was recognized that making education a right for children would be more effective if parents and guardians also had a corresponding duty.

* Importance: It underscores the crucial role of parents and guardians in ensuring that children receive elementary education. This duty, in conjunction with the Right to Education, is vital for eradicating illiteracy, empowering individuals, and fostering the overall development of the nation.