Fundamental Duties: Article 51A Explained for UPSC SSC

Origin and Introduction

The Fundamental Duties were not originally part of the Indian Constitution. They were added during the Emergency period by the 42nd Constitutional Amendment Act of 1976. This amendment inserted a new Part IV-A into the Constitution, which consists of only one Article, Article 51A. The idea to include these duties came from the recommendations of the Swaran Singh Committee. This committee was constituted in 1976 to study the question of amending the Constitution during the Emergency. It recommended the inclusion of a separate chapter on Fundamental Duties in the Constitution.

The inspiration for Fundamental Duties came from the Constitution of the erstwhile USSR (Union of Soviet Socialist Republics). Unlike Fundamental Rights, Fundamental Duties are non-justiciable. This means they cannot be enforced by any court of law. However, Parliament is free to enforce them by suitable legislation. The original set included ten duties. One more duty was added later, bringing the total to eleven.

List of Duties

Article 51A enumerates eleven Fundamental Duties for every citizen of India. These duties cover various aspects of civic life and national responsibility. They include respecting the Constitution, the National Flag, and the National Anthem. Citizens are also expected to cherish and follow the noble ideals that inspired the national struggle for freedom. Upholding and protecting the sovereignty, unity, and integrity of India is another key duty. Defending the country and rendering national service when called upon to do so is also mandated.

Furthermore, citizens must promote harmony and the spirit of common brotherhood amongst all the people of India, transcending religious, linguistic, and regional or sectional diversities. They should also renounce practices derogatory to the dignity of women. Valuing and preserving the rich heritage of our composite culture is another duty. Protecting and improving the natural environment, including forests, lakes, rivers, and wildlife, and having compassion for living creatures, is also listed. Developing the scientific temper, humanism, and the spirit of inquiry and reform is encouraged. Striving towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement is also a duty. The eleventh duty, added later, focuses on education.

Significance and Criticism

Fundamental Duties play a significant role in reminding citizens that while enjoying their rights, they also have responsibilities towards the nation and society. They serve as a source of inspiration for citizens and promote a sense of discipline and commitment. They also help in strengthening national integration and promoting a sense of patriotism. The Supreme Court has, in several cases, used Fundamental Duties to interpret constitutional provisions and laws. They provide a moral obligation on citizens and help in creating a balanced society where rights and duties go hand in hand.

Despite their importance, Fundamental Duties have faced criticism. One major criticism is their non-justiciable nature, which means they cannot be legally enforced. Critics argue that without legal enforceability, these duties remain mere moral precepts. Another criticism is that the list of duties is not exhaustive and some important duties like casting votes, paying taxes, and family planning are not included. Some duties are also considered vague and ambiguous, making their interpretation difficult for the common citizen. The timing of their introduction during the Emergency also raised concerns about their democratic legitimacy.

86th Amendment and Education

The 86th Constitutional Amendment Act of 2002 added the eleventh Fundamental Duty to Article 51A. This amendment inserted clause (k) into Article 51A. It states that it shall be the duty of every citizen of India 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. This addition was a significant step towards achieving universal elementary education in India.

This amendment also introduced Article 21A, making the Right to Education a Fundamental Right for children between 6 and 14 years. It also changed the subject matter of Article 45 in the Directive Principles of State Policy. Earlier, Article 45 provided for free and compulsory education for all children until they complete the age of fourteen years. After the 86th Amendment, Article 45 now directs the State to endeavour to provide early childhood care and education for all children until they complete the age of six years. Thus, the 86th Amendment created a three-pronged approach to education: a Fundamental Right, a Fundamental Duty, and a Directive Principle.

Important Keywords Explained

42nd Amendment Act, 1976act

Also known as the 'Mini-Constitution,' this act made extensive changes to the Indian Constitution during the Emergency. It added Fundamental Duties, amended the Preamble, and curtailed the power of the Supreme Court and High Courts, among other significant changes.

Swaran Singh Committeeorganization

Constituted in 1976 by the Indian government, this committee was tasked with reviewing the Constitution in light of the experience of the working of the Constitution. It recommended the inclusion of Fundamental Duties, emphasizing that citizens should not only enjoy rights but also perform duties.

Non-justiciableconcept

This term means that a provision or right cannot be enforced through a court of law. Fundamental Duties are non-justiciable, implying that a citizen cannot be legally compelled by courts to perform these duties, though Parliament can enact laws for their enforcement.

Additional Facts & Context

• The 42nd Amendment Act added Part IV-A to the Constitution.
• Article 51A is the only article in Part IV-A.
• The 86th Amendment Act, 2002, also inserted Article 21A (Right to Education).
• The Verma Committee (1999) identified legal provisions for enforcement of some Fundamental Duties.
• The National Commission to Review the Working of the Constitution (NCRWC) also examined Fundamental Duties.