FUNDAMENTAL DUTIES

 

  • Original constitution did not contain any provisions related to Fundamental Duties (FD)
  • This section was added through 42nd amendment act to the constitution of India based on the recommendations of Swaran Singh Committee. In 2002, another Fundamental duty was added to this list
  • The idea of this section was borrowed from USSR constitution
  • Japanese constitution is one of the other democratic nations which have a provision dealing with the duties of its citizens
  • Fundamental duties like DPSP are non-justiciable

Swaran Singh Committee on Fundamental Duty

  • It opined that in addition to enjoyment of certain rights by the citizens they also have certain duties to perform as well. This recommendation was accepted by the government
  • A new section Part IVA was added and only one article was inserted in it
  • Some recommendations of the committee which were not accepted include:
  1. Parliament may provide for any penalty for failure to adhere to any FD
  2. No law imposing such penalty could be questioned in the court
  3. Duty to pay taxes should also be a fundamental duty of the citizens

  1. Abide by the Constitution and respect national flag & National Anthem
  2. Follow ideals of the freedom struggle
  3. Protect sovereignty & integrity of India
  4. Defend the country and render national services when called upon
  5. Sprit of common brotherhood
  6. Preserve composite culture
  7. Preserve natural environment
  8. Develop scientific temper
  9. Safeguard public property
  10. Strive for excellence
  11. Duty fo all parents/guardians to send their children in the age group of 6-14 years to school.


Significance of FD

  • They serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society and to their fellow citizens.
  • They serve as a warning against the anti-national and antisocial activitieslike burning the national flag, destroying public property and so on.
  • They 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 no mere spectators but active participants in the realization of national goals.
  • They are ideal in nature and lead the citizen in the right direction.
  • They help the courts in examining and determining the constitutional validity of a law.
  • For instance, in 1992, the 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 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.
  • The importance of fundamental duties is that they define the moral obligations of all citizens to help in the promotion of the spirit of patriotism and to uphold the unity of India.
  • Fundamental duties make citizen conscious of his social and citizenship responsibilities and so shape the society in which all become solicitous and considerate of the inalienable rights of our fellow citizens

Criticism of FD

  • They are made non-justiciable in nature
  • Important duties such 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
  • Inclusion as an appendage to the constitution reduces the value and intent behind FD

Verma Committee recommendations

  • The committee was setup in 1999.
  • It identified some legal provisions for enforcement of FDs- Prevention of insults to National Honor, laws which penalize for promoting enmity, protection of civil rights act, wildlife (protection) act of 1972 etc


Popular posts from this blog

ELEMENTS OF STATE

    The state has four essential elements. These are: (1) population, (2) territory, (3) government, (4) sovereignty   1. Population: The state is a human institution. So population is its primary element. There is no hard and fast rule about population. The ancient Greek writers like Plato and Aristotle favoured a small population. According to Plato, an ideal state should have a population of 5040. Aristotle laid down a general principle that the population of a state should be large enough to make it sufficient and small enough to make good government possible. It must be remembered that both of them were thinking in terms of small city-states. In modern times, Rousseau, prompted by considerations of direct democracy, fixed the number at 10,000. In modern times states vary greatly from the few thousands of Monaco or of San Marino to the crores of China or of India. The modern tendency is in favour of large states. All that can be said is that a large populatio...
Read more

Politcal science and other social science

Political Science and other Social Sciences All social sciences are closely related to one another insofar as each influences the other and is influenced by the other. Political Science as a social science, deals with the political aspect of man’s social life. However, it is closely related to other social sciences such as History, Economics, Sociology, Psychology, Ethics, etc. In recent times, the study of social sciences has assumed an interdisciplinary character in the sense that the researchers and students of one specialized social science works in coordination with those of other specialized social sciences.  Political Science and History John Seeley once remarked that, “History without Political Science has no fruit and Political Science without History has no root.” Seeley might have exaggerated the relationship between the two yet there is an intimate relationship between the two social sciences and they borrow heavily from each other. Political science deals with sta...
Read more

Scope of political science

A study of the State and Government: Political Science primarily studies the problems of the State and government. The state is defined as a group of people organised for law within definite territory. The State possesses four characteristics, viz. Population, territory, government and sovereignty. Government is an agent of the State. Political Science studies the activities of the State and explains the aims and objectives of the State and government.  A Study of Political Theory: Political theory is a major branch of Political Science. On the basis of the political ideas or thoughts of political thinkers, political theory formulates definitions or concepts like democracy, liberty, equality, grounds of political obligation, etc.   A Study of Political Institutions: The field of Political Science is rather vast. It includes the study of political institutions. This covers a study of constitutions and comparative government, explains their merits and demerits, their struct...
Read more