Fundamental Duties: Definition, Evolution & Features

The fundamental duties(मौलिक कर्तव्य ) are moral obligations enshrined in Part IV-A and Article 51A of the Indian Constitution. It promotes patriotism and national unity among citizens of India. The fundamental duties were not present in the original constitution of 1950. Thereafter, 10 fundamental duties were added by the 42nd constitutional amendment act of 1976 on the Swaran Singh committee recommendation. The 11th fundamental duty was added by the 86th constitutional amendment act of 2002. Unlike the directive principles, the fundamental duties cannot be directly enforced by courts. However, the Parliament can enact statutory laws in future to penalize the non-compliance of these duties.

The Fundamental Duties of Indian Constitution are moral obligations for the citizens of India to promote the patriotic feelings and uphold the unity of a nation. They act as a reminder to the citizens that in addition to the enjoyment of fundamental rights, they also have to perform certain duties.

The Fundamental Duties in the Indian Constitution are inspired by the Constitution of the erstwhile USSR. Article 51A of the Indian Constitution in Part IV-A mentioned 11 Fundamental Duties. These fundamental duties are mentioned below:

Originally, the Indian Constitution did not contain Fundamental Duties. However, their need and necessity were felt during the operation of the internal emergency from 1975 to 1977. Accordingly, steps were taken by the government that led to the incorporation and evolution of these duties in India:

• In 1976, the Government of India appointed the Sardar Swaran Singh Committee to make recommendations about Fundamental Duties.
  • The Committee observed that in addition to the enjoyment of rights, the citizens should also perform certain duties.
  • Accordingly, it recommended the inclusion of a separate chapter on Fundamental Duties in the Constitution which would contain a list of 8 Fundamental Duties.

• The Central Government accepted the recommendations of the Sardar Swaran Singh Committee and decided to incorporate a list of fundamental duties in the Constitution of India.
  • Accordingly, it enacted the 42nd Constitutional Amendment Act in 1976, which added a new part (Part IVA) to the Constitution. This new part consists of only one Article (Article 51A) which specifies a code of 10 fundamental duties of the citizens of India.
  • It is to be noted that though the Swaran Singh Committee recommended the incorporation of 8 Fundamental Duties, the 42nd Constitutional Amendment Act included 10 Fundamental Duties.

• The 86th Constitutional Amendment Act of 2002 added one more Fundamental Duty: to provide opportunities for education to his child or ward between the 6 and 14 years of age.
• The list of these duties in the Indian Constitution has not changed. Therefore, the constitution of India presently has 11 fundamental duties.

The Fundamental Duties are mentioned in Article 51-A and possess several distinct features which are as follows:

• Shri Ranganath Mishra vs Union of India (2003): In this case, the Supreme Court stated that Fundamental Duties should be upheld not merely through legal sanctions but also through social sanctions. Further, the court directed the implementation of Justice J.S. Verma Committee recommendations regarding the widespread dissemination of knowledge about Fundamental Duties to the public.
• In AIIMS Students Union v. AIIMS (2001): The Supreme Court ruled that Fundamental Duties hold the same level of importance as Fundamental Rights. The court observed that both being designated as ‘Fundamental’ underscores their equal significance.

The relationship between Fundamental Rights and Fundamental Duties can be summarised as correlative and complementary. The performance of Fundamental Duties by citizens is necessary for creating an enabling environment for others to enjoy their Fundamental Rights. Similarly, rights are precursors to duties, and without fulfillment of rights, individuals can’t perform their duties. For example, it is difficult to expect the duty to respect the dignity of women without fulfillment of the Right to Education. The inseparable relationship between Fundamental Rights and Fundamental Duties is illustrated as follows:

Albeit non-justiciable in nature, the DPSPs also form a type of rights to be enjoyed by the citizens. Thus, the relationship between DPSPs and Fundamental Duties is also of a correlative and complementary nature. The same is illustrated as follows:

The relationship between the Fundamental Duties and the Preamble is rooted in their mutual reinforcement of the ideals and aspirations enshrined in the Indian Constitution. While the Preamble outlines the objectives and guiding principles of the Constitution, the Fundamental Duties articulate the responsibilities of citizens towards achieving these objectives.