The fundamental duties are present under the constitution of India. These are the duties which people shall follow because they are given under it, there are 11 duties mentioned in it. There is no compulsion on the citizens to follow it daily and accordingly except for the one duty. There is no penalty for disobeying them in the eyes of the court. They are only made because of the spread of the brotherhood or the peace in society.
Fundamental Duties in the Indian Constitution
The fundamental duties of citizens were added to the constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year. Originally ten in number, the fundamental duties were increased to eleven by the 86th Amendment in 2002.
The other fundamental duties obligate all citizens to respect the national symbols of India, including the constitution, to cherish its heritage, preserve its composite culture, and assist in its defence. They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop the scientific temper, abjure violence, and strive towards excellence in all spheres of life.
The fundamental duties are mentioned in Article 51A under part IV-A. They are the obligation of every citizen of India.
- 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 which inspired our 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; to renounce practices derogatory to the dignity of women,
- To value and preserve the rich heritage of our composite culture,
- To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures,
- To develop the 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 endeavor and achievement,
- 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 above mentioned all are only obligatory in nature means, every citizen follow them by their own will and voluntarily there is no legal obligation on them to follow them, therefore there is no penal consequences foe them also in India.
The concept of the fundamental duties is coming in India from the Soviet Union which is officially known as the USSR (Union of Soviet Socialist Republics). We borrow them from the Soviet Union.
The eleventh duty is very important between the others, it was inserted in this article under the 82nd amendment in 2002 which is: –
“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.”
It is the most important because it is the only duty which is compulsory to follow in the eyes of law, it became compulsory in this case,
Unni Krishnan, J.P., and Ors. Etc. … vs State of Andhra Pradesh And Ors. … On 4 February 1993
Equivalent citations: 1993 AIR 2178, 1993 SCR (1) 594
Bench: Sharma, L.M. (Cj), Pandian, S.R. (J), Jeevan Reddy, B.P. (J), Mohan, S. (J), Bharucha S.P. (J)
In the Unni Krishnan case, the court held that: –
“That all the citizens who are below the age of 14 years have a right to free and compulsory education. Due to the increasing public demand for education, the government worked towards making education a fundamental right. In 2002, an amendment was inserted in Article 51A. Article 51(k) was added after Article 51(j) which stated that it is a fundamental duty of every citizen who is a parent or a guardian to provide opportunities for free and compulsory education to a child who is between 6 years to 14 years of age.”
So, that’s why it is the most important duty of the citizen and the only one which compulsory.
SCOPE of Fundamental Duties in the Indian Constitution
They neither have any constitutional provisions for the enforcement of the duties nor there any legal sanction or provision in any parliamentary law for any legal consequences for this, so because of it, the scope of duties is very narrow.
Everybody knows they should follow them properly but we all are also careless about them.
Importance of Fundamental Duties in the Indian Constitution
- They remind Indian Citizens of their duty towards their society, fellow citizens, and the nation.
- They warn citizens against anti-national and anti-social activities.
- They inspire citizens & promote a sense of discipline and commitment among them.
- They help the courts in examining and determining the constitutional validity of a law.
- Both moral and civic duties have been laid down under the fundamental duties, like, “the Indian citizens should not only cherish the noble ideas that lead to the freedom struggle but they should also respect the Constitution, the National Flag, and National Anthem”.
- They give a chance to the people to have active participation in society rather than being a spectator.