Polity (Fundamental Duties)

Background: Originally, the Indian Constitution only included fundamental rights, not duties. The concept of Fundamental Duties was later added to encourage citizens to respect the Constitution and uphold its values.
Inspiration: These duties were inspired by the Constitution of the former USSR, which emphasized citizens’ duties alongside their rights. In democratic constitutions globally, few explicitly list such duties, with Japan being an exception.
Amendments: The Fundamental Duties were added through the 42nd Constitutional Amendment Act in 1976, introducing Part IVA, Article 51A. In 2002, the 86th Amendment Act added an additional duty related to education.

Formation: Established in 1976, the Swaran Singh Committee was tasked with recommending fundamental duties amid the internal emergency (1975-1977).
Recommendations: Suggested a separate chapter in the Constitution for fundamental duties. The 42nd Amendment Act adopted these recommendations, adding ten duties. Notably, the Committee’s suggestion for penalties for non-compliance and a duty to pay taxes was not adopted.

Respect the Constitution, National Flag, and Anthem.
Cherish and uphold ideals of the freedom struggle.
Protect India’s sovereignty, unity, and integrity.
Defend the nation and offer national service when needed.
Promote harmony and renounce derogatory practices, especially against women.
Preserve the nation’s cultural heritage.
Protect the environment and show compassion for living beings.
Develop scientific temper, humanism, and a spirit of inquiry.
Safeguard public property and abjure violence.
Strive for excellence in all spheres.
Provide educational opportunities for children aged six to fourteen (added by the 86th Amendment).

Moral vs. Civic Duties: Some duties, like cherishing freedom struggle ideals, are moral, while others, like respecting national symbols, are civic.
Reflect Indian Values: They align with traditional Indian values and practices.
Exclusive to Citizens: Only Indian citizens are obligated to follow these duties.
Non-Justiciable: These duties cannot be directly enforced by courts. However, Parliament may enact laws to ensure their compliance.

Incompleteness: Critics argue the duties list lacks essential responsibilities like voting, paying taxes, and family planning.
Ambiguity: Terms like “noble ideals” and “scientific temper” are seen as vague and open to interpretation.
Non-Enforceable Nature: Their non-justiciable character limits legal enforcement.
Redundancy: Some critics consider these duties unnecessary as most citizens would likely fulfill these responsibilities without constitutional directives.
Placement in Constitution: Some suggest these duties should have been alongside fundamental rights to emphasize their importance.

Promotes National Responsibility: Reminds citizens of their obligations towards the country, balancing rights and responsibilities.
Deterrent against Anti-National Activities: Encourages patriotism and discourages destructive actions, such as flag desecration or vandalism.
Fosters Civic Discipline: Encourages commitment and active participation in national development.
Guidance for Judiciary: Courts can reference these duties when interpreting laws, as seen in cases like the Mohan Kumar Singhania (1991) and Ramlila Maidan Incident (2012).
Legal Enforcement Potential: Parliament can create laws to impose penalties for neglecting these duties.

Legal Provisions: The Verma Committee found that existing laws could support the enforcement of fundamental duties, including:
- Prevention of Insults to National Honour Act (1971): Protects national symbols.
- Criminal Laws: Penalize actions that incite inter-group enmity.
- Protection of Civil Rights Act (1955): Addresses caste and religious offenses.
- Wildlife Protection Act (1972) and Forest Conservation Act (1980): Support environmental preservation.
- Representation of People Act (1951): Discourages communal and caste-based electoral practices.