FUNDAMENTAL DUTIES Student Notes:

Contents
1. Genesis of Fundamental Duties in India .................................................................................... 1

2. List of Fundamental Duties ........................................................................................................ 2

3. Nature of Fundamental Duties................................................................................................... 3

4. Enforcement of Fundamental Duties ......................................................................................... 3

4.1. Available Legal Provisions for Enforcement of Fundamental Duties .................................. 4

5. Committees and Judicial Pronouncements ................................................................................ 4

5.1. Justice Verma Committee Report ....................................................................................... 4

5.2. Important Judicial Pronouncements ................................................................................... 6

5.3. Recent Developments ......................................................................................................... 7

6. Criticism of Fundamental Duties ................................................................................................ 7

7. Significance of Fundamental Duties ........................................................................................... 8

8. UPSC Prelims Questions ............................................................................................................. 8

9. UPSC Previous Years’ Questions ............................................................................................... 10

10. Vision IAS GS Mains Test Series Questions............................................................................. 10

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1. Genesis of Fundamental Duties in India Student Notes:

For any polity, its people are the ultimate

custodians of its Constitution. It is in these Recommendations of Swaran Singh
Committee that were not accepted
citizens that sovereignty vests and specifically for
(a) The Parliament may provide for the
India, it is in their name that the Constitution was
imposition of such penalty or
adopted. Therefore, the Constitution seeks to punishment as may be considered
empower the citizen. However, it is a reciprocal appropriate for any non-compliance
relationship, in the sense, that the citizen also with or refusal to observe any of the
empowers the Constitution. They do it by duties;
following it in letter and spirit, by adhering to it, (b) No law imposing such penalty or
by protecting it, and by persevering to make it punishment shall be called in question
more meaningful with words and deeds. in any court on the ground of
infringement of any of Fundamental
The Constitution of India envisaged a holistic Rights or on the ground of repugnancy
approach towards civic life in a democratic polity. to any other provision of the
It guaranteed certain rights to the citizen as Constitution;
Fundamental Rights. Since human conduct cannot (c) Duty to pay taxes should also be a
be confined to the realm of Fundamental Rights, Fundamental Duty of the citizens.
the Constitution also envisaged certain duties,
which are correlated to the rights, and those duties have been described as Fundamental
Duties.
It is to be borne in mind that the framers of the Constitution did not deem it appropriate to
incorporate those duties in the text of the Constitution when it was originally promulgated.
There may be myriad reasons for such omission:
• Firstly, the concept of Dharma is deeply rooted in the Indian society. Citizens practice
certain duties as basic values irrespective of a threat of penalty.
• Secondly, the preamble to the Constitution itself encapsulates the duties of citizensby
including not only the aspirations of the people i.e. the goals of the nation, but also the
assurances of the Constitution. Hence, it is implied that whatever is required for the
fulfillment of these goals be undertaken by every citizen as his duty.
• Additionally, the Fundamental Rights enlisted in the Constitution logically bring in an
inference of a set of duties which are essential for their realization. If these rights are to be
available to people, they are obligated to perform their corresponding duties.
However, after around a quarter century in the history of independent India, it was thought fit
to have a framework of duties in the Constitution itself. Sardar Swaran Singh committee was
constituted by Indira Gandhi soon after emergency was imposed in the country. The objective
of this committee was to study the question of amending the constitution in the light of past
experiences and recommend amendments.
Consequently, the 42nd Amendment Act, also called the "Mini Constitution", added added a
new part in the Constitution, Part IVA. It incorporated ten (now eleven) Fundamental Duties by
inserting a new article 51A below article 51. The objective of incorporating the fundamental
duties is to place before the country a code of conduct, which the citizens are expected to
follow.

2. List of Fundamental Duties

The eleven Fundamental Duties incorporated in Article 51A, by the 42nd and 86th Amendment of
the Indian Constitution are as under:
a) to abide by the Constitution and respect its ideals and institutions, the National Flag and
the National Anthem;
b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

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c) to uphold and protect the sovereignty, unity and integrity of India; Student Notes:
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; to renounce practices
derogatory to the dignity of women;
f) to value and preserve the rich heritage of our composite culture;
g) to protect and improve the natural environment including forests, lakes, rivers and wild life,
and to have compassion for living creatures;
h) to develop the 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) 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 NCRWC recommended that following new fundamental duties should be included in Article 51-A:
• Duty to vote at elections, actively participate in the democratic process of governance and to pay
taxes;
• To foster a spirit of family values and responsible parenthood in the matter of education, physical and
moral well-being of children;
• Duty of industrial organizations to provide education to children of their employees.

3. Nature of Fundamental Duties

A. As the Directive Principles are addressed to the state, the fundamental duties are addressed
to the citizens. The citizens enjoying the fundamental rights must respect the ideals of the
constitution, to promote harmony and spirit of the brotherhood.
B. Fundamental Duties are non-justiciable. It means the citizens cannot be forced to observe
them. Some of them, are however part of the enforceable law. For example, Prevention of
Insults to National Honor Act, 1971, and so on. However, if a citizen violates Fundamental
Duties, his Fundamental Rights may not be restored when he approaches courts.
C. While some of the fundamental duties are moral duties e.g. to promote a spirit of patriotism
and to uphold the unity of India; cherishing the noble ideals of freedom struggle etc, there
are others that are civic duties, for instance, respecting the National Flag and National
Anthem.
D. Fundamental Duties consist of tasks essential to the Indian way of life by incorporating
precepts reflecting the values of the Indian tradition.
E. Fundamental duties are extended only to Indian citizens and not foreigners, in a stark
contrast with certain Fundamental Rights.

4. Enforcement of Fundamental Duties

There is no provision in the Indian Constitution for the direct enforcement of Fundamental
Duties and also, no sanction to prevent their violation. However, for the purpose of ascertaining
the constitutionality of any law, if a Court finds that the law seeks to give effect to any of these
Fundamental Duties, it may consider the law ‘reasonable’ in relation to Article 14 or 19.
Fundamental Duties also serve as a warning to erring citizens as a guard against preventing anti-
social activities like burning of the Constitution, destroying public property etc.
The Supreme Court of India may issue suitable guidelines along these matters in appropriate
cases. For instance, the Supreme Court adopted the principle of “sustainable development” to
give effect to fundamental duties enshrined under Article 51-A(g) read with Article 21, 47 and
48 A. It also held that “precautionary principle” and “polluter pays principle” are acceptable as
part of the law of the country.
In effect, one must understand that Parts III, IV and IV-A have a common thread flowing through
them. While one enumerates the Fundamental Rights and another declares principles

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fundamental to governance, the part IV-A lays down Fundamental Duties of the citizen. Hence, Student Notes:
while interpreting any of these provisions; it is advisable to examine the scope and impact of
such interpretation on all the three Constitutional aspects emerging from these parts.
Hence, even as Fundamental duties have not been made enforceable by a writ issued by the
Court, one must not lose sight of the fact that the duty of every citizen is the collective duty of
the State.

4.1. Available Legal Provisions for Enforcement of Fundamental

Duties
Any non-operationalization of Fundamental Duties is not necessarily because of the lack of
concern or non-availability of legal and other enforceable provisions; but it is more a case of
lacuna in the strategy of implementation. Some of the legal provisions available in regard to
enforcement of Fundamental Duties are as under:
• In order to ensure that no disrespect is shown to the National Flag, Constitution of India
and the National anthem, the Prevention of Insults to National Honour Act, 1971 was
enacted.
• The Emblems and Names (Prevention of Improper Use) Act 1950 was enacted soon after
independence, inter alia, to prevent improper use of the National Flag and the National
Anthem.
• In order to ensure that the correct usage regarding the display of the National Flag is well
understood, the instructions issued from time to time on the subject have been embodied
in Flag Code of India, which has been made available to all the State Governments, and
Union territory Administration (UTs).
• There are a number of provisions in the existing criminal laws to ensure that the activities
which encourage enmity between different groups of people on grounds of religion, race,
place of birth, residence, language, etc. are adequately punished. Writings, speeches,
gestures, activities, exercise, drills, etc. aimed at creating a feeling of insecurity or ill-will
among the members of other communities, etc. have been prohibited under Section 153A
of the Indian Penal Code (IPC).
• Imputations and assertions prejudicial to the national integration constitute a punishable
offence under Section 153 B of the IPC.
• A Communal organization can be declared unlawful association under the provisions of
Unlawful Activities (Prevention) Act 1967.
• Offences related to religion are covered in Sections 295-298 of the IPC (Chapter XV).
• Provisions of the Protection of Civil Rights Act, 1955 (earlier the Untouchability (Offences)
Act 1955) “provide for punishments for offences related to caste and religion.”
• Sections 123(3) and 123(3A) of the Representation of People Act, 1951 declares that
soliciting of vote on the ground of religion and the promotion or attempt to promote
feelings of enmity or hatred between different classes of citizens of India on the grounds of
religion, race, caste, community or language is a corrupt practice. A person indulging in a
corrupt practice can be disqualified for being a Member of Parliament or a State Legislature
under Section 8A of the Representation of People Act, 1951.

5. Committees and Judicial Pronouncements

5.1. Justice Verma Committee Report
In 1998, the Government of India set up a Committee under the Chairpersonship of Justice J.S
Verma to work out a strategy as well as methodology of operationalizing a countrywide
programme for teaching fundamental Duties in every educational institution as a measure of
inservice training. The Committee made the following recommendations:

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A. It sought to optimize benefits from the existing schemes/programmes on national Student Notes:
integration and communal harmony, culture and values, and environment, by further
activating and monitoring the work of the institutions and NGOs who are sanctioned these
schemes by the concerned ministries of Home, Human Resource Development and
Environment and Forests.
B. Towards protection and improvement of environment, it recommended coordination
between all the law enforcement agencies, enforcing strict compliance of the various legal
provisions and filling legislative vacuum, if any.
C. Towards reorienting approaches to school curriculum, the Committee reiterated the need
for a fundamental transformation in the direction and approach to curricula for teaching
Fundamental Duties in school and teacher education institutions.
D. In order to ensure dignity of women, it recommended that gender biases and sex-
stereotyping must be eliminated from all school and colleges textbooks and this should be
given as a mandate to all curriculum development agencies, both at national and state
levels.
E. Towards reorienting teacher education, it recommended a sensitization module based on
Fundamental Duties to be made an integral part of all teacher education programmes,
organised by National, State and District level institutions and planning large scale teacher
orientation programmes on this theme.
F. Towards incorporating Fundamental Duties in the courses and programmes of higher and
professional education, it suggested that the Human Rights Education Initiative of the UGC
should be referred to as 'Human Rights and Fundamental Duties Education Initiative’ and
the UGC may advise on incorporating Fundamental Duties as an essential component of
their respective proposals while giving grants to Universities.
G. Towards the responsibilities of people's representative, the Committee recommended
that special efforts should be made to ensure that our legislators are aware of the
Fundamental Duties as the same are also their duties as citizens by organizing special
programmes at the parliamentary and state assembly levels and involving the Corporation,
Town Area Committees and the Panchayati Raj institutions in this effort.
H. Towards the obligation of public administration and civil servants, the Committee
recommended that a module on Fundamental Duties should be adopted for inclusion in the
Courses of different Training Institutions connected with the training of civil servants. It also
recommended fixing responsibility of the senior public servants to project the image of
administration as people-friendly and responsive to the problems and sufferings of the
citizens and giving greater access to information and promoting transparency on part of the
Government.
I. Towards the administration of justice, the Committee recommended that a Judicial
Academy should be set up to provide facilities for continuing education of Judges, to focus
their attention on Constitutional Values and Fundamental Duties, to foster constructive
interaction between the Bar and the Bench and to facilitate application of modern
techniques of management to the transaction of judicial business in the Court.
J. Towards the role of business and industry, the Committee recommended vigorous
formulation and pursuit of ethical conduct for business dealings.
K. Towards the role of Media, the Committee recommended that media should constantly
educate people about Constitution and the symbols of sovereignty; harness its potential for
rural development, empowerment of women, distance education, environmental
protection, civic consciousness and human rights awareness; formulating a comprehensive
media policy.
In 2003, the Supreme Court has directed the center to enact a law for the enforcement of
fundamental duties by citizens as suggested by the Justice Verma Committee (2000).
The former Chief Justice of India, Ranganath Mishra, in a letter to the Chief Justice of India,
requested the apex court to issue necessary directions to the State to educate its citizens in the

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matter of fundamental duties so that a right balance emerged between rights and duties. The Student Notes:
letter was treated as a writ petition.
National Commission to Review the Working of the Constitution (NCRWC) Report in 2002
recommended the implementation of the Justice Verma Committee recommendations. It
recommended that the first and foremost step that was required to be taken by the Union and
State governments was to sensitize the people and create a general awareness of the provisions
of fundamental duties amongst citizens.

5.2. Important Judicial Pronouncements

• Mohan Kumar Singhania & Ors. Vs. Union of India & Ors., (1992): The officers in All-India
Services (Administrative, Forest, Police, etc.) were not taking the training seriously resulting
in deterioration of the services. Service Rules were amended so as to give weightage to the
training and penalize failure. On a challenge being laid to the constitutionality of the
amendment in the Rules in Mohan Kumar Singhania & Ors. Vs. Union of India & Ors., (1992),
in order to uphold the validity of the amendment, Ratnavel Pandian, J. drew strength from
article 51A.
Referring to clause (j), which commands every citizen of India 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, it was held that the effort taken by the Government in
giving utmost importance to the training programme of the selectees so that this higher civil
service being the topmost service of the country is not wasted and does not become
fruitless during the training period is in consonance with the provisions of article 51A (j). The
constitutionality of the amendment was, thus, upheld.
• Rural Litigation and Entitlement Kendra & Ors. Vs. A State of Uttar Pradesh & Ors., (1985):
In Rural Litigation and Entitlement Kendra, Dehradun & Ors. Vs. State of U.P. & AIR 1985 SC,
in order to prevent imbalance to ecology and hazard of healthy environment being created
due to working of lime-stone quarries, the Supreme Court directed the quarries lessees
being cancelled and lime-stone quarries being closed down permanently. The directions
were issued in face of fundamental right to trade and business and the right to earn
livelihood.
Assigning paramount significance to Fundamental Duties and rather placing the
Fundamental Duties owing to people at large above the fundamental right of a few
individuals the court held that such closure would undoubtedly cause hardship, “but it is a
price that has to be paid for protecting and safeguarding the right of the people to live in
healthy environment with minimum disturbance of ecological balance and without
avoidable hazard to them and to their cattle, homes and agricultural land and undue
affectation of air, water and environment”.
• M.C.Mehta (II) Vs. Union of India & Ors., (1998): In this case, article 51A containing
Fundamental Duties of citizens was read casting duties on the government and for issuing
certain directions consistently with article 51A. Directions were:
o the Central Government shall direct to the educational institutions throughout India to
teach at least for one hour in a week, lessons relating to protection and the improvement
of the natural environment including forests, lakes, rivers and wild life in the first ten
classes;
o the Central Government shall get text books written for the said purpose and distribute
them to the educational institutions free of cost;
o the children shall be taught about the need for maintaining cleanliness and with the
cleanliness of the house, both inside and outside and the street in which they live;
o the Central Government shall consider training of teachers who teach this subject by the
introduction of short-term courses for such training;

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o the Central Government, the Government of the States and all the Union Territories shall Student Notes:
consider desirability of organizing “Keep the city/town/village clean” week;
o to create a national awareness of the problems faced by the people by the appalling all
round deterioration of the environment.
• Vellore Citizens’ Welfare Forum Vs. Union of India, (1996): In Vellore Citizens’ Welfare
Forum Vs. Union of India, (1996) 5 SCC 647 and Bandkhal and Surajkund Lakes matter, the
Supreme Court recognized ‘The Precautionary Principle’ and the ‘The Polluter pays’ principle
as essential features of ‘Sustainable Development’ and part of the environment law of the
country. Article 21, Directive Principles and Fundamental Duty clause (g) of article 51A were
relied on by the Supreme Court for spelling out a clear mandate to the State to protect and
improve the environment and to safeguard the forests and wild life of the country. The court
held it mandatory for the State Government to anticipate, prevent and attack the causes of
environment degradation.
• Bijoe Emmanuel vs State of Kerala, AIR 1987: In this case, it has been held that there is no
provision of law which obliges anyone to sing the National Anthem nor is it disrespectful to
the National Anthem if a person who stands up respectfully when the National Anthem is
sung does not join the singing.
Proper respect is shown to the National Anthem by standing up when the National Anthem
is sung. It will not be right to say that disrespect is shown by not joining in the singing. It was
observed that there was no law enacted by Parliament making it obligatory to comply with
article 51A(a). The Supreme Court allowed the petition filed by the children and directed the
authorities to re-admit the children into the school.

5.3. Recent Developments

• A plea was filed before SC to direct the Central government to frame a national policy under
Article 51A to promote and propagate the National Anthem, the National Flag and a
‘national song’. However, the court did not accept the plea. It said that Article 51A only
mentions National Flag and National Anthem and does not refer to a national song.
Moreover, Prevention of Insults to National Honour Act, 1971 (amended in 2005)
prohibiting the desecration of or insult to the country's national symbols, including the
National Flag, The Constitution and the National Anthem is already in place.
• Recently, the State of Karnataka proposed a new flag of the State. Apart from the
contentions raised regarding unity and federalism, several quarters voiced their opposition
to the move on the premise that it is disrespectful to national flag and hence undermines
Fundamental Duty.
However, SC in S.R. Bommai v/s Union of India case had stated that federalism is a basic
feature of the Constitution and States are supreme in their sphere. So, State flag is not
unauthorized. However, the manner in which State flag is hoisted should not dishonor the
national flag. Thus, demands to withdraw the state flag do not hold merit on the ground of
fundamental duty.

6. Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been subjected to
criticism on the basis of the following:
a) The list of duties is not exhaustive since some key duties are found amiss like casting vote,
family planning etc.
b) Duties as enshrined in the Constitution represent no consistent underlying theme.
c) They have been criticized as being vague, ambiguous and mere moral percepts having little
practical value due to their non-enforceable character. For instance, following the noble
ideals of the freedom struggle, the phrase ‘composite culture’ etc.

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d) Some critics feel that it would have been more appropriate to include duties alongside FRs Student Notes:
since adding Fundamental Duties in a separate part of the Constitution has reduced their
value.

7. Significance of Fundamental Duties

Fundamental Duties were incorporated in the constitution through 42nd Amendment Act, 1976
with the purpose to:
• Promote patriotism in citizens
• Help them to follow a code of conduct that would strengthen the nation
• Protects its sovereignty and integrity
• Help the State in performing its diverse duties
• Promote ideas of harmony
• To ensure citizens commitments towards the State
• And to check indiscipline prevailing at that time
Despite the criticism from various corners, these fundamental duties have also proved
significant on the following counts:
a) They remind citizens of their duties to the country, the society and fellow citizens while
enjoying their rights.
b) They are an important warning against anti-social activities.
c) They are a formidable source of inspiration to the citizens and promote a sense of
discipline and commitment amongst them.
d) The Supreme Court has variously used these duties to assess the constitutionality of laws
enacted by the legislature.
e) Violation of fundamental duties is punishable since there are legal provisions available for
their enforcement.

8. UPSC Prelims Questions

2010
1. Which reference to the Constitution of India, consider the following:
1. Fundamental Rights
2. Fundamental Duties
3. Directive Principles of State Policy
Which of the above provisions of the Constitution of India is/are fulfilled by the
National Social Assistance Programme launched by the Government of India?
(a) 1 only
(b) 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Ans: (b)

2012
2. Which of the following is/are among the Fundamental Duties of citizens laid down in
the Indian Constitution?
1. To preserve the rich heritage of our composite culture.
2. To protect the weaker sections from social injustice.
3. To develop the scientific temper and spirit of inquiry.
4. To strive towards excellence n all spheres of individual and collective activity.
Select the correct answer using the codes given below:
(a) 1 and 2 only
(b) 2 only

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(c) 1, 3 and 4 only Student Notes:

(b) 1, 2, 3 and 4
Ans: (c)

2013
3. According to the Constitution of India, which of the following are fundamental for the
governance of the country?
(a) Fundamental Rights
(b) Fundamental Duties
(c) Directive Principles of State Policy
(d) Fundamental Rights and Fundamental Duties
Ans: (b)

2014
4. In the Constitution of India, promotion of international peace and security is included in
the
(a) Preamble to the constitution
(b) Directive Principles of State Policy
(c) Fundamental Duties
(d) Ninth Schedule
Ans: (b)

2015
5. 'To uphold and protect the Sovereignty, Unity and Integrity of India' is a provision made
in the
(a) Preamble of the Constitution
(b) Directive Principles of State Policy
(c) Fundamental Rights
(d) Fundamental Duties
Ans: (d)

2017
6. Which of the following statements is/are true of the Fundamental Duties of an Indian
citizen?
1. A legislative process has been provided to enforce these duties.
2. They are correlative to legal duties.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: (d)

7. The mind of the markers of the Constitution of India is reflected in which of the
following?
(a) The Preamble
(b) The Fundamental Rights
(c) The Directive Principles of State Policy
(d) The Fundamental Duties
Ans: (a)

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2020 Student Notes:

8. Other than the Fundamental Rights, which of the following parts of the Constitution of
India reflect/reflects the principles and provisions of the Universal Declaration of
Human Rights (1948)?
1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Ans: (d)

9. UPSC Previous Years’ Questions

1. Identify the major Fundamental Duties. (in about 150 words) (03/I/8b/15)
2. Enumerate the Fundamental Duties incorporated in the Constitution after the 42nd
Amendment. (08/I/6a/15)

10. Vision IAS GS Mains Test Series Questions

1. Critically appraise the utility of fundamental duties in the Constitution of India.
Approach:
Identify the important issues surrounding the utility of Fundamental Duties (FDs) in the
Constitution of India.
Answer:
Fundamental Duties were inserted in Article 51A through the 42nd Amendment Act.
The legal utility of these duties is similar to that of the DPSP. DPSP are addressed to the
state without any sanction, so are the duties addressed to the citizens without any legal
sanction for their violation.
What is right in regard to one’s self is a duty in regard to others. This way Fundamental
Rights are strengthened by the Fundamental Duties.
However, this part of the constitution contains certain weaknesses, which harm its
utilities. The duties enumerated are so vague that a number of interpretations are
available for them. For example, cherishing the ideals of freedom movement,
irrespective of the fact that the freedom movement had a number of contradictory
ideals, like revolutionary terrorism and non-violence. This raises questions on which
ones are to be cherished.
Some scholars questioned the utility of FD in a law abiding society. How can the state
ask citizens to perform some duties until the state thinks that they are not following the
law of the land?
In such a scenario, it is best that their utility be enhanced by generating awareness in
the society, as NCRCW has recommended.

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2. While Fundamental Rights are crucial to the survival of a vibrant democracy, Student Notes:
Fundamental Duties are equally important. While enumerating the Fundamental
Duties, discuss the statement.
Approach:
• Enumerate fundamental duties summarily.
• Briefly make a comparison of Fundamental Rights and Fundamental Duties.
• Discuss the importance of Fundamental Duties for a vibrant democracy.
Answer:
Based on the suggestions of Swaran Singh Committee, 42nd Constitutional Amendment
Act (1976) included ten Fundamental Duties in the constitution.
According to Article 51 A, it shall be the duty of every citizen of India to: abide by the
Constitution and respect its ideals and institutions, National Flag and Anthem, cherish
and follow the noble ideals that inspired the national struggle for freedom, uphold and
protect the sovereignty, unity and integrity of India, defend the country and render
national service when called upon to do so, promote harmony and the spirit of
common brotherhood amongst the people of India, respect women, value the rich
heritage and culture, protect and improve natural environment, develop scientific
temper, humanism and the spirit of inquiry and reform, safeguard public property and
abjure violence, strive towards excellence, provide opportunities for education to
children.
Rights and duties of the citizens are correlative and inseparable. Fundamental Rights
are meant for promoting the ideal of political democracy and prevent an authoritarian
and despotic rule. It protects the liberties and freedoms of the people against the
invasion by the State. They further limit the arbitrary powers of state, and ensure some
basic inalienable rights for the development of the people. While Fundamental duties
act as reminder to citizens that while enjoying their rights, they should also be
conscious of duties towards their country, society and fellow citizens. Thus, they instill
democratic ethos by invoking duty based approach.
They serve as a warning against the anti-national and antisocial activities and serve as a
source of inspiration for the citizens and promote a sense of discipline and commitment
among them. They create a feeling that the citizens are not mere spectators but active
participants in the realisation of national goals.
In 1992, Supreme Court ruled that in determining the constitutionality of any law, if a
court finds that the law in question seeks to give effect to a fundamental duty, it may
consider such law to be reasonable in relation to Article 14 or Article 19 and save such
law from unconstitutionality.
Thus, they are equally important, if not less than fundamental rights in sustaining
democracy. They invoke and stir conscience and thus build a proactive value system in
the people unlike the reactive nature of fundamental rights.

3. Fundamental Duties, though significant, have certain limitations. Examine.

Approach:
• The first part of the answer, after briefly introducing fundamental duties, should
focus on its importance.
• The second part should contain the primary drawbacks which hinder its unanimous
acceptance.

DELHI JAIPUR PUNE HYDERABAD AHMEDABAD LUCKNOW CHANDIGARH

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Answer: Student Notes:

The fundamental duties were enshrined in the constitution via the 42nd amendment
(1976). They aim at presenting a set of obligations for every citizen of India.
Its continuance since decades speaks of its relevance. Its serves as a reminder to the
citizens that while enjoying their rights, they must be aware of their duties.
The fundamental duties have underpinned various legislative developments.
The judiciary has also several times, found consolations in the projections of the FDs.
Additionally the way of natural justice is propagated amongst the citizens.
The anti-national &anti-social activities are restrained under the umbrella of
fundamental duties.
However, there are certain inhibitions which affect its universal acceptability. They are
• Primarily non justiciable, flouting of the fundamental duties doesn’t draw legal
action.
• The exact nature of the fundamental duties seems to be lost amongst the vague
descriptions, hence its impact is narrow
• As not many initiatives are available for creating awareness regarding its
importance, conscious realisation of fundamental duties is absent amongst the
citizens.
• Being part of the appendage to part IV of the constitution, diminishes the merit of
the FDs as it lacks the importance ordained upon the FRs.
Inspite of the restrictions which mellow down the true essence of FDs, a developing
nation like India requires a consolidated effort to balance the rights and duties of a
citizen.

4. The value of fundamental duties lies in establishing a democratic balance by making

the people conscious of their duties equally as they are conscious of their rights.
Analyze.
Approach:
• Briefly describe fundamental duties and their broad features.
• Highlight the significance of fundamental duties in establishing a democratic
balance.
• Discuss the critique of the fundamental duties.
• Conclude by suggesting a few more duties to add.
Answer:
The Fundamental Duties (FDs) were added in Part IV A of the Constitution of India by
the 42nd Amendment on the recommendations of the Swaran Singh Committee. Their
inclusion is inspired by the erstwhile USSR Constitution and the rule of jurisprudence i.e.
where there is a right there must be a corresponding duty. .
Salient features of FDs
• A mixture of moral liabilities (that cherish ideals of freedom struggle) and civic
duties (that respect the Constitution).
• Codification of tasks, which have historically been integral to the Indian way of life.
• Applicable for citizens only.

DELHI JAIPUR PUNE HYDERABAD AHMEDABAD LUCKNOW CHANDIGARH

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• Non-justiciable. Student Notes:

The Fundamental Duties maintain a democratic balance, as they are complementary to
Fundamental Rights which guarantee constitutional rights of the citizens against the
State and the DPSPs that impose moral duties upon the State. Fundamental Duties gain
significance, as they:
• Remind citizens of their duties while enjoying rights – therefore help strengthen
democracy.
• Serve as a warning against anti-national and anti-social elements.
• Become source of inspiration for citizens, making them active participants in
realization of national goals.
• Can be used by the courts to determine the Constitutional validity of a law.
• Can be enforced by law of the Parliament – e.g. the Prevention of Insults to
National Honor Act, 1971.
However, their balancing role is questioned due to following reasons:
• The list of duties is not exhaustive – important duties such as paying taxes, casting
vote etc. are not included.
• Being non-justiciable, they are reduced to a code of moral precepts.
• Some duties are vague, ambitious and difficult for the common man to understand
– e.g. promote scientific temper.
• FDs should have been added after part III to keep them at par with Fundamental
Rights.
Though introduced by an amendment in the wake of emergency, the subsequent
government did not undo this change. The 86th Constitutional Amendment further
added an 11th duty. This strengthens the societal and political acceptance and approval
of having a set of duties enshrined in the Constitution. The Parliament should timely
review the scope of duties to retain their essence.

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