UPSC Polity Preparation : Fundamental Duties 5.1

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:

1. Universal declaration of Human Rights.
2. 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.

Criticisms

• 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

Significance

• 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.

Laws giving effect to FD

• 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.