Basic Responsibilities
News Article Title: The Fundamental Duties of Indian Citizens: A Balance of Rights and Responsibilities
The Fundamental Duties (FDs) of Indian citizens, as enshrined in Article 51A of the Constitution, were added through the 42nd Amendment Act in 1976, during the tenure of Prime Minister Indira Gandhi's government, based on the recommendations of the Sardar Swaran Singh Committee. These duties, modelled on the former USSR's Constitution, serve as a reminder of the responsibilities of citizens alongside their rights, promoting a sense of patriotism, social harmony, and national integrity.
Historically, the Constitution focused primarily on Fundamental Rights and Directive Principles of State Policy, outlining the duties of the State but not explicitly imposing duties on citizens. The addition of FDs was aimed at balancing rights with responsibilities to maintain the unity, integrity, and dignity of the nation.
Currently, the FDs function as moral obligations rather than legally enforceable rights, meaning they are not justiciable and cannot be directly enforced through courts. However, they serve as guiding principles for citizens, inspiring behaviour that aids national progress and social harmony.
In judicial contexts, courts have referred to Fundamental Duties primarily as interpretative tools to shape and balance the exercise of Fundamental Rights. They are often invoked in cases related to environmental protection, preservation of public property, and safeguarding national symbols, serving as constitutional reminders of citizens' roles. Although the duties themselves lack direct enforceability, courts have upheld that failure to follow them may lead to lawful restrictions on rights when justified in the interest of the public good.
The FDs consist of 11 duties, with the 86th Amendment adding an 11th duty in 2002, mandating parents or guardians to provide free and compulsory education to children aged 6 to 14 years. The directives of Article 51A emphasize respect for the ideals of the Constitution and national symbols, the promotion of a sense of civic consciousness and responsibility, and the development of scientific temper, humanism, and the spirit of inquiry and reform.
The Bombay High Court has highlighted the importance of FDs in the context of the COVID-19 pandemic, while the Supreme Court of India has stated that Fundamental Rights (FRs) and FDs are equally important. Criticism of the Constitution includes its focus on rights rather than duties, unlike most major Constitutions, and the vagueness in the directives of Article 51A, such as composite culture and the spirit of the freedom struggle movement, is a point of discussion.
Despite these criticisms, the FDs represent a constitutional effort to create responsible citizenship by reminding individuals of their obligations to the nation, complementing the Fundamental Rights framework. Over time, courts have leveraged these duties to shape constitutional interpretation and public policy, enhancing their practical significance despite the lack of direct enforceability.
Summary of key points:
- Historical background: Added by 42nd Amendment (1976) on Sardar Swaran Singh Committee recommendation; modeled on USSR.
- Current status: 11 Fundamental Duties under Article 51A; moral obligations, non-justiciable but constitutionally significant.
- Significance: Balance citizens' rights with responsibilities; promote patriotism, environmental protection, and national unity.
- Judicial interpretation: Used as interpretative guidance in courts; support public interest restrictions but not enforceable alone.
- Notable amendments: 86th Amendment (2002) added duty on free and compulsory education for children aged 6-14.
Environmental protection is a duty that falls under the guiding principles of a citizen's Fundamental Duties, as enshrined in Article 51A of the Indian Constitution. Additionally, the role of education in self-development aligns with the mandate of parents or guardians to provide free and compulsory education to children aged 6 to 14 years, which is one of the 11 Fundamental Duties set forth in the Constitution.
