Fundamental Duties

Introduction:

Fundamental Duties in the Constitution are not merely to serve a "pedantic or technical" purpose, but they were incorporated as the key to social transformation.

With rights comes responsibilities and both of them combined define a democratic society, and are the fundamentals on which stands the pillars of civic conduct and ethical responsibility. With freedom we not only got rights but with it came upon us the people of the country massive responsibility as the rights cannot work without the duties which is to say that in a democratic framework, where rights are safeguarded by laws, fundamental duties provide the necessary balance by emphasizing citizens' responsibilities towards the state and fellow citizens. They promote civic consciousness, respect for institutions, and a sense of duty towards national progress and unity. Fulfilling these duties is crucial for the sustenance and enhancement of India's democratic ethos and inclusive growth. One such duty enshrined in the constitution of India is mentioned under Article 51A, which mirror the essence of citizenship beyond mere legal entitlements i.e. it provides on every citizen the responsibility to safeguard the country and fellow citizens. They serve as guiding principles that every citizen is expected to adhere to, fostering a harmonious and progressive nation and is essential basis on which our nation stands.

In the constitution the fundamental duties were inserted through the 42nd Amendment Act 1976 under article 51 ‘A’ embodied in Part IV of the Constitution. The fundamental duties as outlined in the Article 51 A of the India Constitution outlines the moral obligations that every citizen of India is expected to fulfil. They emphasize the collective responsibilities towards the nation's heritage, culture, and democratic principles. Understanding and practicing these duties not only strengthen the social fabric but also contribute to the holistic development of the individual and the society at large. The purpose behind the creation of Fundamental Duties is that every citizen should realise that the first is to defend the country and promote harmony of the nation; that is, the national interest should be ahead of every action and goal. The relationship between the Fundamental Duties and the goals and aspirations of every citizen and constitution is rooted in their mutual reinforcement of the ideals and aspirations enshrined in the Indian Constitution. While the Constitution outlines the objectives and guiding principles of the Constitution, the Fundamental Duties articulate the responsibilities of citizens towards achieving these objectives. For Instance: Firstly, article 51A(c) i.e. the fundamental duties states “to uphold and protect the sovereignty, unity, and integrity of India”, whereas these values are mentioned in the preamble and is the goal of the nation to achieve. Secondly, Article 51A(e) states “to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities”, which is also the core value of the constitution and basis on which our nation is based i.e. fraternity and unity.

Fundamental Duties as in Indian Constitution:

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem,
• To cherish and follow the noble ideals that inspired the national struggle for freedom,
• To uphold and protect the sovereignty, unity and integrity of India,
• To defend the country and render national service when called upon to do so,
• 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,
• To value and preserve the rich heritage of the country’s composite culture,
• To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures,
• To develop scientific temper, humanism and the spirit of inquiry and reform,
• To safeguard public property and to abjure violence,
• 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, and
• To provide opportunities for education to his child or ward between the age of six and fourteen years (added by the 86th Constitutional Amendment Act, 2002).

Significance of Fundamental Duties:

Constant Reminder of Democratic Conduct:

Fundamental Duties act as a cornerstone in reinforcing the values of democracy. While the Constitution provides citizens with various rights, these rights come with the expectation of certain behaviours and responsibilities. By emphasizing these duties, citizens are reminded that democracy is not just about enjoying freedoms but also about upholding the principles that sustain democratic governance. This ensures that rights are exercised in a manner that respects and promotes democratic norms and everyone gets equal rights and has equal value without being discriminated.

2. Admonishes Against Anti-Social Activities:

By mandating adherence to the Constitution and its principles, Fundamental Duties help safeguard the legal and moral framework of the nation. This includes respecting the Constitution’s provisions, which in turn supports the rule of law and democratic integrity. Such respect is essential for maintaining the legitimacy and functionality of democratic institutions. Duties such as promoting social justice and equality reflect a commitment to ensuring that the benefits of democracy are accessible to all. By emphasizing these duties, citizens are encouraged to work towards eliminating disparities and fostering an environment where everyone can enjoy their rights equitably.

3. Sense of Discipline and Commitment:

By emphasizing the importance of active participation rather than passive observation, these duties encourage individuals to contribute meaningfully to national goals. This active engagement helps in achieving collective objectives and fosters a responsible and disciplined citizenry, essential for the nation's progress and stability.

4. Help Determine Constitutionality of Law:

Fundamental Duties also assist in evaluating the constitutionality of laws. When legislative measures are challenged in court, if a law aligns with and reinforces any Fundamental Duty, it is more likely to be deemed reasonable and constitutional. This alignment ensures that laws are not only legally sound but also supportive of the core principles and responsibilities outlined in the Constitution, thus reinforcing their legitimacy and adherence to democratic values. For instance, any law passed by the legislatures, when taken to Court for constitutional validity of the law, if it is giving force to any Fundamental Duty, then such law would be taken as reasonable.

Relationship Between Rights and Duties:

The relationship between Rights and Duties can be stated as complementary. The performance of Duties by citizens is necessary for creating an enabling environment for others to enjoy their Rights. Without duties no one will be able to claim or enjoy their fundamental rights. Similarly, rights are precursors to duties, and without fulfilment of rights, individuals can’t perform their duties. e.g. without fulfilment of the Right to Education, it is difficult to expect the duty to respect the dignity of women. The inseparable relationship between rights and duties can be illustrated through the relationship between Fundamental Rights and Fundamental Duties in our constitution which is as follows:

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Fundamental Rights	Fundamental Duties
Article 19 provides for Freedom of Speech & Expression. However, it also provides that the state can impose reasonable restrictions on this right on the grounds of sovereignty and integrity of India, and security of the state among others.	Article 51A(c) casts a Fundamental Duty on citizens “to uphold and protect the sovereignty, unity, and integrity of India”.
Article 21 contains within its ambit the right of women to be treated with decency and dignity.	Article 51A(e) directs the citizens “to renounce practices derogatory to the dignity of women”
Article 21A guarantees free and compulsory education to all children of age 6-14 years.	Article 51A(k) asks the citizens “to provide opportunities for education to his child/ward between the age of 6-14 years”.
Article 23(2) provides that the State can impose compulsory service for public purposes such as military service.	Article 51A(d) asks the citizens “to defend the country and render national service when called upon to do so”.

Problem in implementation of Fundamental Duties:

Although the Fundamental Duties are a necessity to fulfil the goals of unity and fraternity as mentioned in the Indian Constitution and the government with the intention of making India a developed country inserted the articles 51 A and the duties in Part IVA but there has been no great success, they have been able to achieve rather everyone is fighting for there rights without thinking about their duties towards others. Why is it so? It is so because of the following:

1. One major criticism is that fundamental duties often come across as moral guidelines rather than enforceable legal obligations. For instance, when the Constitution outlines these duties, it doesn’t provide a mechanism for their enforcement. This non-justiciable nature—meaning they cannot be challenged in court—makes them seem more like aspirational values rather than concrete responsibilities. This perspective was illustrated when I noticed that people often follow these duties more out of personal belief than legal compulsion. For example, duties like promoting harmony and maintaining public order are valued ideals, but without legal consequences, they sometimes remain just good intentions
2. Another problem is that some of these duties are vague and ambiguous, making them difficult for the average person to grasp fully. Take the duty to “abide by the Constitution and respect its ideals and institutions.” What exactly does it mean to “respect” the Constitution in practical terms? This lack of clarity can lead to confusion and inconsistent adherence. For instance, when I tried to understand the duty of “developing the scientific temper,” I found it challenging to pinpoint what specific actions I should take to fulfil this responsibility effectively.
3. The list of fundamental duties is also criticized for being incomplete. It doesn’t cover other essential responsibilities that affect everyday life, such as voting, paying taxes, or family planning. For example, paying taxes is a crucial civic duty that directly impacts the country’s development, yet it was only suggested by the Swaran Singh Committee and not included in the final list of fundamental duties. This omission suggests that the current list of duties doesn’t fully capture the range of responsibilities that contribute to a functioning society.

Lastly, the placement of fundamental duties in Part IV of the Constitution, which deals with the Directive Principles of State Policy, is seen as diminishing their importance. Fundamental Rights, which are listed in Part III, have a higher status and are more vigorously protected by the judiciary. If fundamental duties had been placed after Part III, they might have been viewed as equally significant and integrated into the fabric of constitutional rights. For instance, the higher visibility of Fundamental Rights often leads people to pay more attention to them, whereas fundamental duties might seem secondary.

Ensuring implementation: A solution?

For effective implementation of fundamental duties, it’s crucial to explore potential solutions that focus on legal enforceability, increased awareness, and integration into the constitutional framework.

1. Enhancing Legal Enforceability

One of the primary criticisms of fundamental duties is their non-justiciable nature, which means they cannot be enforced through the courts. To address this, it’s important to explore ways to integrate these duties more effectively into the legal system. This could involve:

Legislative Measures: Creating specific laws that outline the implementation and enforcement of fundamental duties, ensuring that there are clear legal standards and consequences for non-compliance.

Judicial Enforcement: As observed in the Supreme Court’s judgment in Shri Ranganath Mishra vs Union of India (2003), fundamental duties should be upheld not just through legal sanctions but also through social sanctions. This means that while legal measures are essential, they should be complemented by efforts to foster a culture of responsibility and awareness among citizens.

2. Promoting Constitutional Education and Awareness

To ensure that citizens understand and appreciate their fundamental duties, it is crucial to promote a deeper awareness of the Constitution and its principles. This can be achieved by:

• Educational Programs: Implementing nationwide educational initiatives that focus on constitutional literacy, making sure that people are well-informed about their rights and duties. This aligns with the Supreme Court’s recommendation to widely disseminate knowledge about fundamental duties, as highlighted in the Shri Ranganath Mishra case.
• Public Awareness Campaigns: Launching campaigns to educate citizens on the significance of fundamental duties and how they contribute to societal transformation. This approach helps bridge the gap between theoretical knowledge and practical application.

3. Strengthening the Constitutional Framework

Fundamental duties need to be given a more prominent position in the constitutional framework to underscore their importance. This can involve:

• Revising Constitutional Placement: Reconsidering the placement of fundamental duties in Part IV of the Constitution, which deals with Directive Principles of State Policy, and moving them to a more central location alongside Fundamental Rights. This shift would highlight their equal importance, as reinforced in the AIIMS Students Union v. AIIMS (2001) case, where the Supreme Court emphasized that fundamental duties hold the same level of importance as Fundamental Rights.
• Uniform Policy for Implementation: Establishing a comprehensive policy for the sensitization, operationalization, and enforceability of fundamental duties. This policy should focus on creating a uniform approach to ensure that these duties are actively integrated into the fabric of Indian democracy.

4. Encouraging Civic Engagement

To make fundamental duties more meaningful, it is essential for every citizen to be a proactive participant in democracy. This involves:

• Active Citizenship: Encouraging citizens to engage in democratic processes, such as voting, paying taxes, and participating in community service. This active participation ensures that fundamental duties are not just theoretical but are practiced in daily life.
• Incorporating Constitutional Philosophy: Encouraging citizens to embrace the constitutional philosophy in its true spirit, fostering a sense of ownership and responsibility towards the nation.