FUNDAMENTAL DUTIES - (ARTICLE 51A)

Fundamental Duties Are one of the most crucial part of the constitution it “Remind citizen” to fulfill their duties while enjoying their rights, to know more about fundamental duties read full article presented you by Examrewards.com.  

FUNDAMENTAL DUTIES - (ARTICLE 51A)

TABLE OF CONTENT

·        INTRODUCTION

·        SWARAN SINGH COMMITEE AND ITS RECOMMENDATIONS

·        LIST OF DUTIES

·        CRITICISM

·        IMPORTANCE

·        FEATURES

·        WHY FUNDAMENTAL DUTIES ARE NON JUSTICIABLE IN NATURE  ?

INTRODUCTION

Both rights and duties of the citizens are in separable original constitution contained only fundamental rights not fundamental duties, in 1976, fundamental duties of citizens were added in constitution. in 2000 one more was added.

Fundamental duties are inspired from the constitution of USSR. No other democratic country contain fundamental duties in there constitution. Japanese constitution is the only democratic country in world that contain duties of citizens.

in India fundamental duties act as ''Reminder'', as citizen while enjoying his rights should fulfill his duties as well.

Swaran Singh Committee And Its Recommendation

Congress government setup Swaran Singh Committee in 1976 when Indira Gandhi government was in power to give recommendation about Fundamental Duties.

The major motive behind this was to remind citizens that along with rights they have some duties which they have to fulfil, the need and necessity of which was felt during the internal emergency (1975-1977).

Government accepted these Recommendation and enacted 42nd constitutional amendment act in 1976 which added new part in Constitution part 4A and consist of only one article 51A.

10 fundamental duties were added under the act -

a) To abide by the constitution and respect its ideal and institutions, the national flag and the national anthem

b) To cherish and follow the noble ideals that inspired the 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 and to renounce practices derogatory to the dignity of women.

f) To value and preserve the rich heritage of the country’s composite culture.

g) To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

h) To develop 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) To provide opportunities  for education to his child or ward between the age of six and fourteen years. This duty was added by the 86^th constitutional amendment act, 2002.

Criticism

1)  It doesn’t contain duties like casting vote, paying taxes, family planning and so on. in fact, duty to pay taxes was recommended by the swaran singh committee.

2)  Language of Some of the duties are vague, ambitious and are not understandable to common man. e.g. different interpretations can be given to the phrases like ‘noble ideals’, ‘composite culture’, ‘scientific temper’ and so on

3)  They have been described by the critics as a code of moral percepts due to their non- justiciable character and there is no punishment for non fulfillment of duties.   

4)   Their inclusion in the constitution was described by the critics as unnecessary burden. This is because the duties included in the constitution as fundamental would be performed by the people even though were not incorporated in the constitution.  

5)   According to critics due to inclusion of fundamental duties in part 4 the value of

fundamental rights is getting affected.

IMPORTANCE

1)   They serve as a reminder to the citizens, it creates an understanding that they should also be conscious of duties they owe to their country, their society and to their fellow citizens.

2)  They serve as a warning against the antinational and antisocial activities like burning the national flag, destroying public property and so on.

3)  They serve as a source of inspiration for the citizens and promote sense of discipline and commitment among them.

4)   They help the courts in examining and determining the constitutional validity of a law. 

FEATURES

1)  Some of them are moral duties while others are civic duties.

2)struggle is amoral percept 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

4)   Fundamental duties are confined to citizens only and do not extend to foreigners.

5)   Like and directive principles, the fundamentals are also non-justiciable. The constitution does not provide for their direct enforcement by the courts. 

6)  They define the moral obligations of all citizens.

Why Fundamental Duties Are Non Justiciable in Nature ?

They define Moral obligation of all citizen to help in the promotion of the spirit of patriotism and to uphold the unity of India

The fundamental duties are intended to serve as a constant reminder to every citizen that while the constitution specifically conferred on them certain fundamental rights , it also require citizen to observe basic norms of democratic conduct and democratic Behaviour .