Fundamental Duties

India has the lengthiest constitution in the world. Each and every provision has been drafted considering the welfare of masses. In this blog, we will talk about the Fundamental Duties.

What is Fundamental Duty?

Fundamental duties are defined as the moral obligations of all the citizens that help promote a spirit of patriotism, love for country and uphold the unity of India. The idea behind their incorporation was to highlight the obligations of citizens while enjoying the fundamental rights of the country. The concept of fundamental duty is inspired from the Constitution of Russia.

How Fundamental Duties were enacted?

The fundamental duties were incorporated in Part IV-A by the 42^nd amendment Act, 1976. They came into existence during Emergency under Indira Gandhi’s Government. The 11^th fundamental duty was added in 2002 by the 86^th Amendment that focused on offering Right to Free and Compulsory Education for children within the age group of 6 years to 14 years.

Fundamental Duties defined under Article 51 A - Part IVA

The list of 11 Fundamental Duties under article 51-A that must be obeyed by every Indian citizen is given below:

1. To abide by the Indian Constitution and respect its ideals, the National flag and National Anthem: No person should get involved in a practice that violates the spirit of the Constitution and its dignity.

2. To cherish and follow the noble ideals which inspired our national struggle for freedom: Every person must appreciate and implement the noble ideas of people who have struggled to get India independent. These values are freedom, equality, non - violence and brotherhood that maintain peace within our society.

3. To uphold and protect the sovereignty, integrity and unity of India: Article 19 (2) of the Indian Constitution emphasizes on putting reasonable restrictions on the freedom of speech and expression in order to safeguard the integrity of India.

4. To defend our Nation and render National services whenever the country requires: All the citizens apart from Navy, Air Force, Army etc. must be ready to take up arms whenever the situation arises in order to protect themselves, family and Nation.

5. To promote the spirit of harmony and brotherhood among the people of India: People of India must learn to respect the cultural and linguistic differences among the countrymen. They should renounce the practice that is derogatory for women.

6. To preserve the cultural heritage of the country: India has the richest cultural heritage across the globe. It is our duty that we must protect our heritage and pass on to the generations in its most precious form.

7. To protect and improve the natural environment like - rivers, forests, lakes, wildlife: This duty is also provided as a constitutional provision under Article 48A. Hence, it is really important that each and every citizen must take steps to save our natural environment and show compassion towards the living creatures of our land.

8. To develop the scientific outlook and spirit of inquiry: People must learn from the experience from others, experiment things around and learn to adapt himself/herself with the fast changing environment. This attitude helps build progressive outlook for self and society.

9. To safeguard the public property and to abjure violence: Due to past innumerable protests, our country has already suffered a lot of damage in context of public property. Therefore, we all must ensure that the public property should always be protected.

10. To achieve excellence in all spheres of life: In order to ensure that our Nation constantly rise to the higher levels of achievement, it is the basic duty of every citizen to do his/her task with great excellence and diligence.

11. To provide education to the children between the age of six to fourteen years. This last fundamental duty was added by the 86^th Constitutional Amendment Act, 2002. It emphasizes that the parents or guardian must dedicate their proper efforts to arrange for education of his/her children who belong to the age group of 6 to 14 years.

Additional duties:

• Duty to vote: It is our fundamental right to vote and we all must actively participate in the democratic process of governance.

• Duty to pay taxes: The citizens must pay taxes honestly as it helps in nation’s development.

• Duty to help accident victims: Brotherhood is the foundation of Nation’s values. Therefore, we must help our brothers and sisters during emergency situations like – accident.

• Duty to keep environment clean: Supreme Court has interpreted Article 21 to include right to clean environment. In order to tackle this issue, our current Prime Minister had introduced ‘Swachh Bharat Mission.’

Importance of Fundamental Duties:

Fundamental duties are the basic norms that a citizen must adhere to and must look forward to implement them in the daily life. These duties are drafted on the grounds of moral, ethical and cultural code of conduct that must be followed by the people of India. Let’s have a look at the importance of Fundamental Duties in detail:

1. Play a great role in maintaining the proper governance and enable the proper functioning of the democratic society.

2. They are a constant reminder to citizens for contributing their best in building a free, healthy and responsible society.

3. Fundamental duties prevent people from indulging into anti-social activities.

4. They promote cultural harmony in the country.

5. Empower all the adults of the country to provide education to their children, especially who are below 14 years of age.

6. Induce people to take steps towards the abolition of social injustice prevalent in the society today.

7. Pledge to keep nature clean from the pollutants.

8. Generate scientific and progressive thinking to strive for excellence.

9. Inspire citizens to promote a sense of discipline within society.

10. Help in examining the constitutional validity of law.

Are fundamental duties enforceable?

No, fundamental duties are not enforceable. The reason behind making them non-enforceable is that they can be interpreted in different ways by different people. In such a scenario, if they will be enforced, it may cause chaos among people.

What is the relationship between Fundamental Rights, Fundamental Duties and Directive Principles?

Fundamental Rights, Fundamental Duties and Directive Principles regulate the disciplined conduct of citizens and inspire them to maintain unity among them. The rights and duties lay down the principles for citizens to behave and act in society, while directive principles guide states to create and enact laws for the welfare of the Nation. All of them provide guidelines to secure social, ethical, political and economic freedom within the country. The relationship between the Fundamental Rights, Duties and Directive Principles aim at attaining the peace and security of the Nation.

Difference between Fundamental Duties and Fundamental Rights

Point of Discrimination	Fundamental Rights	Fundamental Duties
Meaning	Fundamental rights are the privileges granted to the citizens of the country.	Fundamental duties are the legal responsibilities bestowed upon the citizens of India.
Aim	To let the people enjoy free lifestyle.	To achieve prosperity and uphold the unity of the Nation.
Reference	Fundamental rights are referred from the constitution of USA.	Fundamental duties are taken from the Constitution of the USSR (Russia).
Enforcement	Fundamental rights are enforceable in Supreme Court and High Court.	Fundamental duties are not enforceable in courts.
Applicability	Fundamental rights are available to citizens of India and foreigners as well.	Fundamental duties are only meant for citizens of India.
Scope	Fundamental rights are available against an individual as well as state.	Fundamental duties are expected less towards an individual but society as a whole.

Landmark judgments of Supreme Courts for Fundamental Duties

• In the case of AIIMS Students Union Vs. AIIMS, the Supreme Court held that the fundamental duties are equally important like the fundamental rights. The Court struck down the institutional reservation of 33% seats to those who have graduated from the institution. The Supreme Court found it unreasonable and reminded the fundamental duty, i.e. to strive excellence of individuals, that ultimately leads to the betterment of the Nation.

• In the case of M.C. Mehta Vs. Union of India, the Supreme Court held that it is compulsory for all the educational institutions to organize a teaching lesson of at least one hour a week on the protection and improvement of the natural environment.

Conclusion

Fundamental duties play a vital role in achieving the basic aim of our constitution. Hence, we must understand our responsibility as a citizen and contribute our best to make our Nation safe and equal place for all.