Introduction
- Moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India.
- Rights and duties of citizens are correlative and inseparable.
- Even if not mentioned explicitly, they are presumed and are implicit.
- Not a part of original constitution but made an indispensable part of it by 42nd CAA, 1976.
- Not removed by the 43rd and 44th CAA, 1978.
- Increased to 11 by 86th CAA, 2002.
- Inspired from the USSR constitution.
- Citizen's exercise of their rights and freedoms was inseparable from the performance of their duties and obligations.
- It helps in furthering our interest and integrate our composite culture.
- Not mentioned explicitly by most democracies like USA and France.
- Japan is one of the few countries that mentions it explicitly.
- Fundamental Duties are also in:
- Universal declaration of Human Rights.
- International Covenant on Civil and Political Rights.
Swaran Singh Committee Recommendations
- Made recommendations on fundamental duties (8 eventually 10, now 11)
- Need felt during the operation of the internal emergency(1975-77)
- 42nd CAA, 1976, Part 4A, Article 51A
- Citizens should be aware of FDs while they enjoy FRs
- If citizens do not follow/violate these FDs, penalty and punishment can be imposed by the parliament.
- No JR of such law giving force to FD.
- Make duty to pay taxes a FD.
- Not exhaustive
- Vague, ambiguous and difficult to understand by layman.
- Superfluous, code of moral percepts as they are non-justiciable in character.
- Conscientious citizens will perform them anyway.
- Why an appendage to Part IV, wny not keep them in Part III
- Not enforceable but held obligatory to all citizens by the SC.
- Reminder that citizens have duties towards India, society and fellow brethrer.
- Strong deterrent to antisocial and anti national activities,
- Source of inspiration,
- Realization of the true potential of this nation.
- Help courts in determining the constitutional validity of the law.
- RTE, 2009
- Preventions of Insults to National Honour Act, 1971
- NSA, 1980
- Various Cr.PC amendments for having women centric laws.
- Environmental protection law, wildlife protection, air pollution, water pollution.