Fundamental Duties
The Background: Rights Without Duties
When the Constitution of India was originally framed, it included Fundamental Rights, but not Fundamental Duties.
Now, let’s pause and think logically — why would the framers of the Constitution include only rights and not duties?
The reason was this: India had just gained independence after centuries of colonial rule. So, the main concern of the Constituent Assembly was to protect the individual from the arbitrary power of the State. People needed freedom, not obligations.
Therefore, they focused on rights like freedom of speech, freedom of religion, right to equality, etc. But they did not feel it necessary to explicitly list what citizens should do in return.
However, they did include something parallel — the Duties of the State, in the form of the Directive Principles of State Policy (DPSPs) in Part IV.
So, originally:
- Citizens had Rights, and
- State had Duties.
But, with time, the imbalance between rights and responsibilities began to be felt.
The Turning Point – The Emergency and 1976
During the Internal Emergency (1975–77), the government felt that citizens must also realize their responsibilities toward the nation. Rights alone were making people self-centered; there should also be a sense of national discipline and responsibility.
So, in 1976, the Congress government set up a committee under Sardar Swaran Singh, one of India’s senior-most Congress leaders and a former Minister of External Affairs.
This committee was asked:
👉 Should India have a list of Fundamental Duties of citizens?
👉 If yes, what should they be?
Swaran Singh Committee Recommendations
The Swaran Singh Committee recommended that:
- There should be a separate chapter in the Constitution listing Fundamental Duties.
- Citizens should realize that rights and duties go hand-in-hand.
- Enjoyment of rights is meaningful only when citizens also perform their responsibilities.
The government accepted this recommendation and passed the 42nd Constitutional Amendment Act, 1976, which:
- Added a new Part IVA (Part 4A) to the Constitution.
- Inserted Article 51A, listing ten Fundamental Duties.
The Congress government called this step a correction of a “historic mistake” — meaning, what the framers of the Constitution forgot to include, was now being done.
The USSR Inspiration
The idea of Fundamental Duties did not originate in India.
It was borrowed from the Constitution of the erstwhile USSR (Soviet Union) — a socialist country.
In socialist constitutions, rights and duties are considered inseparable.
They believe that while you enjoy certain freedoms, you are equally obliged to perform certain duties for the collective good.
In contrast, Western democracies like the USA, UK, France, Germany, and Australia do not list duties of citizens in their constitutions.
The Japanese Constitution is the only major democratic constitution that includes a list of citizens’ duties.
So, India’s Fundamental Duties are somewhat a blend — a socialist inspiration adapted within a democratic framework.
Recommendations That Were Not Accepted
The Swaran Singh Committee had actually suggested a few more things, but they were not accepted. These were:
- Penal Action: Parliament should be empowered to impose penalties or punishments for violation of duties.
- Judicial Immunity: Any such law should not be challenged in court for violating Fundamental Rights.
- Paying Taxes: Paying taxes should also be included as a Fundamental Duty.
But the government dropped these suggestions — mainly because making duties legally enforceable would have created conflict with Fundamental Rights and complicated governance.
The Eleven Fundamental Duties (Article 51A)
Now, let’s look at what Article 51A actually says — the duties of every citizen of India:
- Respect for Constitution and Symbols:
To abide by the Constitution and respect its ideals, the National Flag and National Anthem. - Ideals of Freedom Struggle:
To cherish and follow the noble ideals that inspired our national movement. - Unity and Integrity:
To uphold and protect the sovereignty, unity, and integrity of India. - Defend the Nation:
To defend the country and render national service when called upon. - Harmony and Dignity of Women:
To promote harmony among all people and renounce practices derogatory to the dignity of women. - Heritage and Culture:
To value and preserve the rich heritage of India’s composite culture. - Environment and Compassion:
To protect and improve the natural environment — forests, rivers, wildlife — and to show compassion for living creatures. - Scientific Temper and Reform:
To develop scientific temper, humanism, and the spirit of inquiry and reform. - Public Property and Non-Violence:
To safeguard public property and abjure (avoid) violence. - Strive for Excellence:
To strive for excellence in all spheres of individual and collective activity. - Duty to Educate (Added Later):
To provide opportunities for education to one’s child or ward between 6 and 14 years.
👉 This was added by the 86th Constitutional Amendment Act, 2002, alongside the Right to Education (Article 21A).
Features of Fundamental Duties
Let’s understand the nature and character of these duties:
- Moral and Civic Nature:
- Some duties are moral (like cherishing ideals of the freedom struggle).
- Some are civic (like respecting the Constitution and National Flag).
- Rooted in Indian Culture:
These duties are not something foreign — they are drawn from Indian values, traditions, and cultural ethics. - For Citizens Only:
Unlike Fundamental Rights (some of which are for all persons, including foreigners), Fundamental Duties apply only to citizens. - Non-Justiciable:
Like the Directive Principles of State Policy, the Fundamental Duties are not enforceable by courts.
That means you cannot file a case in court to force someone to perform these duties.
However, Parliament may make laws to enforce them.
Criticism of Fundamental Duties
Whenever a new constitutional concept is added, it naturally faces both support and opposition. The Fundamental Duties were no exception. Though they were intended to cultivate national discipline and civic responsibility, several criticisms were raised by jurists, political scientists, and even parliamentarians.
Let’s understand them one by one.
1. The List is Incomplete
Critics argued that the list of Fundamental Duties is not exhaustive.
Some very important duties are missing — like:
- Casting one’s vote,
- Paying taxes,
- Practising family planning, etc.
In fact, the Swaran Singh Committee had recommended “duty to pay taxes”, but the government dropped it.
So, people felt that the list should have been broader and more practical.
2. Vague and Ambiguous Language
Some duties are worded in a way that is too philosophical to be understood easily.
For example:
- What exactly are “noble ideals” of the freedom struggle?
- What does “composite culture” mean in a diverse country like India?
- How do we “develop scientific temper” in day-to-day life?
So, critics said — these phrases are beautiful, but not concrete. This makes them difficult to interpret or enforce.
3. Merely Moral, Not Legal
Because the Fundamental Duties are non-justiciable, that means courts cannot enforce them.
You can’t sue someone for not being patriotic or for not developing scientific temper!
Therefore, critics call them a “code of moral precepts” — good to read, but without legal power.
The Swaran Singh Committee had suggested penalties for violating duties, but that recommendation was not accepted.
4. Superfluous or Unnecessary
Some scholars said — why include in the Constitution what people anyway know they should do?
For instance, do we really need the Constitution to tell us to respect the National Flag or defend the country?
Such things are part of our civic sense already. Hence, inclusion of duties was seen as symbolic rather than substantive.
5. Wrong Placement in the Constitution
Fundamental Duties were inserted as Part IVA, after the Directive Principles of State Policy (Part IV).
Critics argued they should have been placed immediately after Fundamental Rights (Part III), to show that rights and duties are two sides of the same coin.
By putting them as an appendage after DPSPs, their constitutional importance was diluted.
Significance of Fundamental Duties
Despite these criticisms, the Fundamental Duties hold immense value, both legally and philosophically.
Let’s see why they’re still an important part of our Constitution.
1. A Reminder to Citizens
They remind every citizen that while enjoying rights, one must also fulfill responsibilities toward:
- The Nation,
- The Society, and
- Fellow citizens.
In simple words — “Rights give us power; duties give us purpose.”
2. A Warning Against Anti-National Acts
They act as a moral safeguard against acts like:
- Burning the National Flag,
- Damaging public property,
- Insulting the National Anthem, etc.
They build a sense of discipline and respect for national symbols and unity.
3. A Source of Inspiration
Fundamental Duties inspire citizens to rise above personal interests and contribute to national goals.
They remind us that democracy is not a spectator sport — citizens are participants, not onlookers.
4. Aids to Judicial Interpretation
The Supreme Court has repeatedly used Fundamental Duties to interpret constitutional and legal issues.
For example:
- Mohan Kumar Singhania Case (1991):
The Court held that Article 51A can be used to interpret ambiguous laws and test their constitutionality. - Ramlila Maidan Incident Case (2012):
The Court observed that Parts III (Fundamental Rights), IV (Directive Principles), and IVA (Fundamental Duties) are interlinked —
👉 Rights give us freedoms,
👉 Directive Principles guide the State, and
👉 Duties guide the citizens.
So, while interpreting one part, courts should keep the spirit of all three in mind.
5. Potential for Legal Enforcement
Even though the duties themselves are non-justiciable, Parliament can make laws to enforce them.
For instance, laws like:
- The Prevention of Insults to National Honour Act (1971), and
- The Environmental Protection Act (1986)
already operationalize certain Fundamental Duties.
So, in that sense, they have an indirect legal force.
The Political and Historical Context
When the Fundamental Duties were introduced, H.R. Gokhale, the then Law Minister, said something very revealing.
He explained that before the Emergency of 1975, some groups had shown disregard for legal and constitutional order.
Therefore, the inclusion of Fundamental Duties was intended to have a “sobering effect” — a reminder to citizens about discipline and responsibility.
Indira Gandhi, the then Prime Minister, also defended their inclusion.
She said —
“The moral value of Fundamental Duties is not to smother rights, but to establish a democratic balance — to make people conscious of their duties as much as they are conscious of their rights.”
Interestingly, when the Janata Government came to power after the Emergency, they repealed several provisions of the 42nd Amendment (through the 43rd and 44th Amendments),
but they did not remove the Fundamental Duties.
This shows that across political lines, there was national consensus that these duties were desirable.
That belief was reaffirmed later in 2002, when the 86th Amendment added one more duty — the duty to provide education to one’s child.
Verma Committee on Fundamental Duties (1999)
In 1999, the Justice J.S. Verma Committee was set up to study the practical implementation of Fundamental Duties.
The Committee found that many existing laws already cover some of these duties.
Here are key examples:
| Law / Act | What it Enforces |
|---|---|
| Prevention of Insults to National Honour Act, 1971 | Protects respect for the Constitution, National Flag, and National Anthem. |
| Criminal Laws (IPC) | Punish promotion of enmity on grounds of religion, race, language, etc. |
| Protection of Civil Rights Act, 1955 | Punishes caste and religion-based offences. |
| Indian Penal Code (Sec. 153A, 153B, etc.) | Penalizes acts prejudicial to national integration. |
| Unlawful Activities (Prevention) Act, 1967 | Declares communal or anti-national organizations unlawful. |
| Representation of the People Act, 1951 | Disqualifies candidates who promote communal hatred or seek votes on religious lines. |
| Wildlife (Protection) Act, 1972 | Protects biodiversity and wildlife. |
| Forest (Conservation) Act, 1980 | Prevents indiscriminate deforestation. |
So, though Fundamental Duties themselves are not enforceable directly, India’s legal system already has mechanisms that uphold their essence.
Essence and Takeaway
If we step back and view the larger picture —
the Fundamental Duties complete the triad of constitutional values:
| Constitutional Part | Focus | Target |
|---|---|---|
| Part III | Fundamental Rights | Protect individual liberty from the State |
| Part IV | Directive Principles | Guide the State’s policies and goals |
| Part IVA | Fundamental Duties | Guide citizens’ behavior and responsibility |
Together, they form the moral, social, and political philosophy of the Indian Constitution —
a harmony between rights, goals, and responsibilities.
We can say:
“Rights without duties make a citizen selfish; duties without rights make him a slave. The Indian Constitution teaches us balance — where liberty walks hand in hand with responsibility.”