Context: The Supreme Court has asked the Central government and state governments to share their thoughts on a petition seeking clear laws to encourage citizens to fulfill their Fundamental Duties, like being patriotic and fostering national unity.
What are Fundamental Duties?
- The idea of Fundamental Duties is inspired by the Constitution of Russia (erstwhile Soviet Union).
- These were incorporated in Part IV-A of the Constitution by the 42nd Constitutional Amendment Act, 1976 on the recommendations of the Swaran Singh Committee.
- Originally 10 in number, one more duty was added through the 86th Constitutional Amendment Act, 2002.
- Like the Directive Principles of State Policy, the Fundamental duties are also non-justiciable in nature.
List of Fundamental Duties:
- Respect the Constitution, the National Flag, and the National Anthem.
- Embrace the noble ideals that drove our freedom struggle.
- Protect India’s sovereignty, unity, and integrity.
- Serve the nation and defend it when called upon.
- Promote unity and brotherhood among all Indians, regardless of differences, and oppose practices that degrade women.
- Preserve our diverse cultural heritage.
- Care for the environment, including our forests, lakes, rivers, and wildlife, and show compassion for all living creatures.
- Foster a scientific mindset, humanism, and the spirit of inquiry and reform.
- Safeguard public property and renounce violence.
- Strive for excellence in personal and collective endeavors, pushing the nation to greater heights.
- Ensure education opportunities for your child or ward between the ages of six and fourteen (added by the 86th Constitutional Amendment Act, 2002).
Why Legally Enforce Fundamental Duties?
- Emphasis on “Kartavya” (duty) in Indian society according to ancient scriptures.
- The Gita and the Ramayana advocate fulfilling duties over asserting rights.
- Soviet Union Constitution treated rights and duties equally.
- The need to enforce specific Fundamental Duties, like protecting India’s unity and integrity, becomes crucial, especially with China’s rise as a superpower.
- The Verma Committee (1999) identified legal provisions for implementing some Fundamental Duties.
- Non-compliance with Fundamental Duties affects Fundamental Rights (e.g., equality before law, freedom of speech, right to life) as per the Constitution.
- New trends of protests in the name of freedom of speech necessitate enforcing Fundamental Duties.
Supreme Court’s Stance on Fundamental Duties:
- Ranganath Mishra judgment (2003) emphasized enforcing Fundamental Duties through both legal and social sanctions.
- AIIMS Students Union v. AIIMS (2001) stressed the importance of Fundamental Duties alongside Fundamental Rights.
- Although Fundamental Duties aren’t legally enforceable like Fundamental Rights, they are crucial as they are also termed “fundamental.”
The Way Forward:
A uniform policy is needed to sensitize, fully operationalize, and enforce Fundamental Duties.This will substantially promote responsible citizenship and contribute to a more harmonious society.
Read Also: Fundamental Duties of Indian Constitution