Article 51A was added to the Constitution of India by the 42nd Amendment Act, 1976, based on the recommendations of the Swaran Singh Committee. It is placed in Part IV-A of the Constitution and lists a set of duties that every citizen of India is expected to perform. While not legally enforceable in the same way as Fundamental Rights, these duties are intended to promote a sense of responsibility and patriotism among the citizens and uphold the sovereignty, unity, and integrity of India.
The inclusion of Fundamental Duties in the Constitution was felt necessary to emphasize that citizens not only enjoy rights but also have certain obligations towards the nation and society. These duties are a constant reminder to the citizens that while the Constitution grants them rights, they must also observe certain basic norms of democratic conduct and behaviour.
Original Text
51A. Fundamental duties.—It shall be the duty of every citizen of India—
(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; (c) to uphold and protect the sovereignty, unity and integrity of India; (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.
Detailed Explanation
Article 51A, containing the Fundamental Duties, was incorporated into the Constitution by the 42nd Amendment Act, 1976. This addition was made during the Internal Emergency and was a result of the recommendations of the Swaran Singh Committee, which was constituted by the government in 1976 to study the question of amending the Constitution.
The Swaran Singh Committee suggested the inclusion of a separate chapter on Fundamental Duties in the Constitution, recognizing that citizens should not only be conscious of their rights but also of their duties. The committee recommended 8 fundamental duties, but the 42nd Amendment Act included 10 duties. Later, one more duty was added by the 86th Amendment Act, 2002, taking the total number of Fundamental Duties to 11.
The Fundamental Duties are essentially a codification of tasks considered the moral obligations of all citizens to help promote the spirit of patriotism and to uphold the unity of India. They are meant to guide citizens in their conduct and behaviour, reminding them of their responsibilities towards society and the nation.
Unlike Fundamental Rights, the Fundamental Duties are not legally enforceable by courts in the same way. A court cannot issue writs to compel performance of these duties. However, Parliament is empowered to enact laws to enforce these duties and can provide for penalties for non-compliance. Several laws exist which indirectly or directly enforce some of these duties, such as laws for protecting the environment or safeguarding public property.
The duties enumerated in Article 51A cover various aspects of civic and national life:
- Duties (a) to (d) relate to respect for the Constitution and national symbols, cherishing the ideals of the freedom struggle, upholding sovereignty and integrity, and national service.
- Duties (e) to (g) pertain to social harmony, cultural preservation, and environmental protection.
- Duties (h) to (j) focus on promoting scientific temper, safeguarding public property, and striving for excellence.
- Duty (k), added later, highlights the importance of education for children.
These duties serve as a constant reminder to the citizens regarding their responsibilities towards the nation, balancing their rights with corresponding obligations. They are intended to inculcate a sense of discipline and commitment among the citizens and to foster a democratic way of life.
Detailed Notes
- Article 51A lists the Fundamental Duties of the citizens of India.
- It was not part of the original Constitution (1950).
- Added to the Constitution by the 42nd Amendment Act, 1976.
- Inserted into a new Part, Part IV-A, of the Constitution.
- Based on the recommendations of the Swaran Singh Committee, 1976.
- Originally contained 10 duties.
- The 11th duty was added by the 86th Amendment Act, 2002.
- Currently, there are 11 Fundamental Duties.
- They are non-justiciable; courts cannot enforce them directly through writs.
- Parliament has the power to enact laws for the enforcement of Fundamental Duties and can impose penalties for non-compliance.
- Serve as a reminder to citizens about their duties towards the nation and society.
- Promote a sense of discipline and commitment among citizens.
- Help in realizing national goals.
- Part IV-A consists of only one article, i.e., Article 51A.
- The 11 duties are:
- (a) Respect the Constitution, national ideals, institutions, Flag, and Anthem.
- (b) Cherish noble ideals of the freedom struggle.
- (c) Uphold and protect sovereignty, unity, and integrity of India.
- (d) Defend the country and render national service.
- (e) Promote harmony and common brotherhood, renounce derogatory practices to women’s dignity.
- (f) Value and preserve composite culture’s heritage.
- (g) Protect and improve the natural environment, have compassion for living creatures.
- (h) Develop scientific temper, humanism, and spirit of inquiry and reform.
- (i) Safeguard public property and abjure violence.
- (j) Strive for excellence in all spheres of individual and collective activity.
- (k) Provide education opportunities to children (6-14 years) (Added by 86th Amendment, 2002).
Additional Comments
- Fundamental Duties are not enforceable by writs (like habeas corpus, mandamus) in the courts.
- They lack legal sanctity in the same way as Fundamental Rights.
- Their significance lies in their value as a code of conduct for citizens and their role in nation-building.
- The Supreme Court has held that Fundamental Duties can be used to interpret ambiguous statutes.
- Laws have been enacted by Parliament to give effect to some duties, e.g., laws protecting civil rights, national flags, wildlife, forests, etc.
- The inclusion of duties aligns the Indian Constitution with constitutions of other nations like Japan and former socialist countries.
- Criticized by some for being non-justiciable and not comprehensive (e.g., no duty to vote, duty to pay taxes).
Summary
Article 51A of the Indian Constitution, inserted by the 42nd Amendment Act, 1976, lists the Fundamental Duties of every citizen of India. Originally 10 in number and based on the Swaran Singh Committee’s recommendations, an 11th duty was added by the 86th Amendment Act, 2002. These duties, enumerated in Part IV-A, cover responsibilities such as respecting the Constitution and national symbols, upholding sovereignty and integrity, promoting harmony, protecting the environment, and striving for excellence. Although non-justiciable by courts, they serve as a moral code of conduct and a reminder to citizens of their obligations towards the nation and society, complementing the Fundamental Rights. Parliament is empowered to legislate for their enforcement.