11 Fundamental Duties of Indian Constitution

The 11 Fundamental Duties of Indian Constitution form an important part of UPSC syllabus and exams. This article presents a historical source of the fundamental duty in our constitution and its critical evaluation.

The term “fundamental duty” refers to a moral duty to one’s family, employer, and the government. Roman philosopher Cicero in 44 BC, in his treatise ‘De Officiis’ which means ‘On Duties’ or ‘On Obligations’, lists obligations derived from courage, justice, temperance, and wisdom.

The cornerstone of social balance is proper fulfillment, which guarantees the protection of others’ rights. Constitutions of countries like the Soviet Union, China, India, and others emphasize the duty of citizens by enshrining Fundamental Duties. This idea was introduced to the world by the USSR. When rights and obligations are combined, a symbiotic relationship develops that promotes a morally just society in which rights are acquired via deeds of duty. Japanese constitution is one of the other democratic nations that have a provision dealing with the duties of its citizens.

What is the source of the 11 Fundamental Duties of Indian Constitution?

The Fundamental Duties in the Constitution of India are inspired by the Constitution of the erstwhile USSR (Union of Soviet Socialist Republics). Articles 131-133 of the Constitution of USSR contained the duties. The USSR was dissolved in 1991.

Which countries have fundamental duties in their constitution?

The constitutions of several countries have a chapter on fundamental duties. The Constitution of India explicitly mentions a list of 11 Fundamental Duties of Indian Constitution. Apart from India following countries mention the duties in the constitution.

Vietnam: Article 40 of the constitution of the Democratic Republic of Vietnam enjoins that “the public property of the Democratic Republic of Vietnam is sacred and inviolable. It is the duty of every citizen to respect and protect public property”.

The Netherlands: Article 194 of the constitution of the Netherlands says: “All Netherlands, who are able, shall be bound to collaborate for the maintenance of the independence of the kingdom and for the defence of its territory. This obligation may also be laid upon residents who are not Netherlanders”.

Japan: In addition to rights, the Constitution of Japan also lays down obligations, the three most important being that citizens work, make sure their children receive mandatory education, and pay taxes. These obligations are duties for Japan.

China: The Constitution of China explicitly mentions the rights and duties. For example, Article 42, mentions that the ‘Citizens of the People’s Republic of China have the right as well as the duty to work. Article 46 mentions that ‘Citizens of the People’s Republic of China have the duty as well as the right to receive education.’

Kuwait: The Constitution of Kuwait has a section on ‘Individual and social rights and duties’. The duties of citizens include national defense, observance of public order and respect for public morals, and payment of taxes

Tunisia: The Constitution of Tunisia mentions rights and responsibilities. These responsibilities are sort of duties.

The Swaran Singh Committee Report, 1976, and the 11 Fundamental Duties of Indian Constitution

On June 25, 1975, on the advice of Prime Minister Indira Gandhi, President Fakhruddin Ali Ahmed proclaimed a state of national emergency as per Article 352 of the Constitution. The Emergency was lifted on March 21, 1977.
During the emergency Period (June 25, 1976 – March 21, 1977), the government led by the prime Minister felt the need to modify the Constitution.

It set up a 12-member committee headed by Sardar Swaran Singh, former defence minister, to study the question of amending the constitution in the light of past experiences. The Swaran Singh Committee Report submitted its final report in 1976 and suggested several changes in the Constitution of India.

As part of the Swaran Singh Committee Report, it recommended that eight responsibilities for citizens be included in the constitution. Soon through the 42nd Amendment Act, 1976, a list of 10 Fundamental Duties was added to the Constitution.

The general election was held on March 16-20, 1977, which resulted in defeat of the Congress government led by Indira Gandhi and landslide victory for the Janta Party. On March 24, 1977, Morarji Desai was sworn as Prime Minister. He was the first non-Congress Prime Minister of India. He remained Prime Minister until July 28, 1979.

The 42nd Amendment Act, 1976, and 11 Fundamental Duties of Indian Constitution

The original constitution which came into effect fully on January 26, 1950, did not contain the Fundamental Duties. Based on the recommendations in the Swaran Singh Committee Report in 1976, several changes were made to the Constitution of India. As part of these changes, the 42nd Amendment Act, 1976, (officially called the Constitution Forty-second Amendment Act, 1976) added ‘Part IVA’, and ‘Article 51A – Fundamental Duties’ to the Constitution. The 42nd Amendment Act, 1976, added a list of 10 Fundamental Duties. The Act came into effect on January 3, 1977.

In 2002 as part of the Right to Education, the 86th Amendment Act, 2002, (officially called the Constitution Eighty-sixth Amendment Act, 2002) was passed which introduced one more Fundamental Duty to Article 51A, increasing the duties from 10 to 11. The 86th Amendment Act, 2002, came into effect on April 1, 2010 which made 11 Fundamental Duties of Indian Constitution.

The 11 Fundamental Duties of Indian Constitution

The 11 Fundamental Duties of Indian Constitution are given below.

PART IVA

FUNDAMENTAL DUTIES

51A. Fundamental duties. — It shall be the duty of every citizen of India—

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e) 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 dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) 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;

(k) 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 years.

The last one Article 51A(k) duty was added vide the 86th Amendment Act, 2002, came into effect on April 1, 2010. So these were the 11 Fundamental Duties of Indian Constitution.

Salient Features of the Fundamental Duties

The following are some noteworthy aspects of the Fundamental Duties:
a) The nature of Fundamental Duties is moral and civic.
b) It placed a strong emphasis on upholding and appreciating Indian culture and the Indian way of life.
c) Only Indian citizens are required to uphold these constitutional obligations; foreign nationals are not subject to this rule.
d) Fundamental Rights and Fundamental Duties differ significantly from one another.
e) It cannot be enforced or challenged in court.

Importance of the Fundamental Duties in India

a) They act as a reminder to the populace that in addition to exercising their rights, they have obligations to their nation, society, and fellow citizens.

b) They work as a deterrent to antisocial and anti-national actions like burning the flag of the country, damaging public property, and so forth.

b) They instill a sense of discipline and dedication in the populace and act as an inspiration to them. They give the impression that citizens are actively involved in achieving national objectives rather than just being bystanders.

d) They assist the courts in investigating and evaluating a law’s constitutionality. The Supreme Court declared in 1992 that a court may consider a law to be “reasonable” in relation to either Article 14 (equality before the law) or Article 19 (six freedoms) if it finds that the law in question seeks to give effect to a fundamental duty. This would prevent the law from being unconstitutional.

e) The law can enforce them. Therefore, if any of them are not met, the Parliament may arrange for the imposition of suitable penalties or punishments.

The reason that the 11 Fundamental Duties of Indian Constitution are important is that they outline the moral responsibilities that every citizen has to support the unity of India and foster a sense of patriotism.

Criticism of the 11 Fundamental Duties of Indian Constitution

The Indian Constitution’s “Fundamental Duties” are criticized for having many flaws. Initially, their practical impact is reduced since they lack enforcing mechanisms and are not subject to justice. Second, significant responsibilities like family planning and tax payment are left out, leaving the scope of citizens’ tasks inadequate.

Furthermore, the regulations are sometimes confusing and opaque, which makes it difficult for regular individuals to comprehend their responsibilities. Certain duties could appear unnecessary because they are already widely performed, which calls into question whether they should be included.

Critical Evaluation of the 11 Fundamental Duties of Indian Constitution

The 11 Fundamental Duties of Indian Constitution play a crucial role in fostering active citizenship and successful governance in democracies. Some duties, like respecting the National Flag and Anthem, are enshrined in separate laws with legal consequences for disrespect. While these duties help unite India’s diverse population, more than Article 51A is needed to ensure equality, religious harmony, and societal cohesion.

Balancing individual rights with civic responsibilities is vital, promoting a society where citizens are mindful of others’ rights. Awareness of citizenship duties is as important as rights, as they underpin human dignity and national character. Upholding duties transcending divisions can mitigate societal issues, fostering a civilized and inclusive society.

Also read: 5 Best books for Indian Polity and Governance and  The Constitution of India