Fundamental Duties (Article 51A)

Swaran Singh Committee (1976)
- Set up by Congress during Emergency (1975–77) to recommend inclusion of Fundamental Duties.
- Stressed that citizens must be conscious of duties along with rights.
- Recommended a separate chapter on Fundamental Duties.

Meaning of Duty
- Salmond: A duty is an act every citizen is obligated to perform to protect rights of others.
- Types of duties:
  • Moral Duties
  • Legal Duties

Classification of Duties
1. Primary and Secondary Duties
   - Primary duty: Independent duty not based on another duty.
   - Secondary duty: Also called remedial duty; arises from violation of another duty.
2. Positive and Negative Duties
   - Positive: Duties required by law.
   - Negative: Duties prohibited by law.
3. Absolute and Relative Duties
   - Relative: Connected to someone else’s right.
   - Absolute: Not related to any specific right.

Types of Absolute Duties
- Duties towards oneself: Not committing suicide, avoiding drugs/alcohol.
- Duties towards society: Not causing public nuisance.
- Duties towards other beings: Duty towards animals, environment.
- Duties towards the State or sovereign authority.

Relation Between Rights and Duties
- Rights and duties are inseparable.
- Every right has a corresponding duty.
- If the State grants right to life, the citizen must protect others’ lives.
- Citizens must be loyal to the State; the State protects their rights.

42nd Constitutional Amendment Act, 1976
- Added Part IVA.
- Introduced Article 51A listing ten Fundamental Duties.

Article 51A – Fundamental Duties
It shall be the duty of every citizen of India:
1. To abide by the Constitution and respect its ideals, institutions, National Flag and National Anthem.
2. To cherish and follow the noble ideals of the freedom struggle.
3. To uphold and protect sovereignty, unity and integrity of India.
4. To defend the country and render national service when required.
5. To promote harmony and brotherhood, renounce practices derogatory to women.
6. To value and preserve the rich heritage of India’s composite culture.
7. To protect and improve the natural environment; have compassion for living creatures.
8. To develop scientific temper, humanism, spirit of inquiry and reform.
9. To safeguard public property and abjure violence.
10. To strive towards excellence in all spheres to raise the nation to higher levels.
11. To provide opportunities for education to children aged 6–14 years (added by 86th Amendment, 2002).

Features of Fundamental Duties
- Apply only to citizens, not foreigners.
- Non-justiciable like DPSPs; no direct legal enforcement.
- No legal penalties unless Parliament legislates specific laws.
- Serve as moral obligations and reminders against anti-national activities.
- Promote responsible citizenship and constitutional loyalty.

Role of Fundamental Duties
- Form the moral code of the Constitution.
- Encourage national discipline and unity.
- Guide courts in interpreting laws and resolving conflicts.
- Help balance rights with responsibilities.

Verma Committee (1999)
Identified existing legal provisions supporting enforcement of Duties:
- Prevention of Insults to National Honour Act, 1971: Penalises disrespect to Constitution, Flag, Anthem.
- Protection of Civil Rights Act, 1955: Penalises offences relating to caste/religion.
- Indian Penal Code: Punishes acts against national integration.
- Unlawful Activities (Prevention) Act, 1967: Allows declaring extremist groups unlawful.
- Wildlife (Protection) Act, 1972: Protects endangered species.
- Forest (Conservation) Act, 1980: Prevents indiscriminate forest diversion.

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Subject: Polity

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