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Fundamental Duties of Indian Constitution

Fundamental Duties were added in the Constitution through 42nd Constitution Amendment Act, 1976 based on.....

Fundamental Duties were added in the Constitution through 42nd Constitution Amendment Act, 1976 based on recommendation of Swaran Singh Committee. In 1976, only 10 Fundamental Duties were listed under Article 51-A under Part IV-A of Indian Constitution. Through 86th Constitutional Amendment Act, one more duty was added.

Background: 

The Fundamental Duties were incorporated in Part IV-A of the Constitution by the Constitution 42nd Amendment Act, 1976, during Emergency under Indira Gandhi’s government. The amendment came at a time when elections stood suspended and civil liberties curbed.

Enforcement of Fundamental Duties:

  1. The Verma Committee on Fundamental Duties (1999) identified the existence of legal provisions which are already implemented under various laws such as Imprisonment for Prevention of Cruelty to Animals Act, Wildlife Protection Act, Flag Code of India.
  2. Swaran Singh Committee suggested to make enforcement of Fundamental Duties compulsory, but the government did not accept the recommendation.

There is dire need for unform policy for sensitization, full operationalization and enforceability of fundamental duties which will help citizens to be responsible.

Significance of Fundamental Duties

  • It serves as a constant reminder to the citizens that while enjoying their rights, the citizens should be aware of their duties towards their nation and towards other citizens.
  • These serve as a warning to the people against the anti-social activities that disrespect the nation like burning the flag, destroying public property or disturbing public peace.
  • These help in the promotion of a sense of discipline and commitment towards the nation. 
  • It helps the Court in determining the constitutionality of the law.

Criticism of Fundamental Duties

  • They are made non-justiciable in nature.
  • Important duties such as tax-paying, family planning etc are not covered.
  • Vague and ambiguous provisions which are difficult to be understood by a common man.
  • Superfluous provisions since they would generally be followed even if they were not included. 

Important Facts about Fundamental Duties

  1. Fundamental duties are of two types- moral duty and civic duty.
  2. They contain just a codification of tasks which is important for life.
  3. They are confined to Indian citizens only.
  4. They are non-negotiable like the Directive Principles of State Policy.
  5. There is no concept of legal sanction against the violation of fundamental duties.

Difference Between Fundamental Rights And Fundamental Duties:

Read Also:

Conflict Between DPSPs And FRs

Significant Provisions of Indian Constitution

Significance Of Fundamental Rights

Criticisms Of Fundamental Rights

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