Swaran Singh Committee Report

Fundamental Duties were not part of the original Constitution of India. They were added later, during the period of National Emergency (1975-1977), based on the recommendations of a committee.

Background:

During the National Emergency, the need for incorporating Fundamental Duties was felt to remind citizens of their obligations towards the nation and society, alongside their Fundamental Rights. A committee was constituted under the chairmanship of Sardar Swaran Singh to make recommendations on Fundamental Duties.

Recommendations:

The Swaran Singh Committee recommended the inclusion of a separate chapter on Fundamental Duties in the Constitution. The committee suggested 8 Fundamental Duties. While the Central Government accepted these recommendations, it did not fully adopt all of them and made some modifications. For instance, the committee recommended Parliament may provide for the imposition of penalty or punishment for non-compliance with the duties, but this recommendation was not accepted in the final insertion.

Significance of the Report:

The Swaran Singh Committee's report provided the justification and framework for introducing Fundamental Duties into the Constitution, recognising that rights and duties are correlative and that citizens have responsibilities towards the nation.

Part IVA: Fundamental Duties (Article 51A)

Following the recommendations of the Swaran Singh Committee, the Constitution was amended to add Fundamental Duties.

Insertion:

The Fundamental Duties were added to the Constitution by the 42nd Constitutional Amendment Act, 1976. This Amendment added a new Part, Part IVA, to the Constitution, consisting of just one Article, Article 51A. Article 51A initially listed ten Fundamental Duties.

A eleventh Fundamental Duty was added later by the 86th Constitutional Amendment Act, 2002.

Significance:

• Reminder to Citizens: They serve as a constant reminder to the citizens that while enjoying their rights, they should also be conscious of their duties towards the country, society, and their fellow citizens.

• Check on Anti-national Activities: They can be used to determine the constitutionality of laws. Courts can uphold the validity of a law that seeks to enforce a Fundamental Duty, even if it restricts a Fundamental Right, provided it is reasonable.

• Aid to Courts: Courts can use Fundamental Duties to interpret statutes and evaluate the reasonableness of restrictions on Fundamental Rights.

• Sense of Discipline and Commitment: They promote a sense of discipline and commitment towards the nation among the citizens.

• Realisation of National Goals: They help the state in achieving national goals by encouraging citizens to participate in a responsible manner.

Fundamental Duties are not exhaustive of the duties of a citizen, but they cover some of the important civic and moral obligations.

Duty to abide by the Constitution and respect its ideals and institutions

Article 51A(a) lists the first Fundamental Duty:

"to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;"

This duty requires every citizen to respect the fundamental law of the land, its core values, the democratic institutions it establishes, and the symbols of national identity (Flag and Anthem). Disrespect towards these is seen as a violation of this duty.

Duty to cherish and follow the noble ideals which inspired our national struggle for freedom

Article 51A(b) lists the second Fundamental Duty:

"to cherish and follow the noble ideals which inspired our national struggle for freedom;"

This duty calls upon citizens to remember and uphold the principles of justice, liberty, equality, fraternity, secularism, non-violence, etc., that guided the freedom movement. It links the present generation to the sacrifices and ideals of the past.

Duty to uphold and protect the sovereignty, unity and integrity of India

Article 51A(c) lists the third Fundamental Duty:

"to uphold and protect the sovereignty, unity and integrity of India;"

This is a crucial duty for maintaining the strength and stability of the nation. It requires citizens to act in a manner that preserves India's independence, prevents fragmentation, and promotes national integration.

Duty to defend the country and render national service when called upon to do so

Article 51A(d) lists the fourth Fundamental Duty:

"to defend the country and render national service when called upon to do so;"

This duty implies that citizens have an obligation to defend the nation in times of need, including participating in national service, if required by the State. It underscores the collective responsibility for national defence.

Duty to promote harmony and the spirit of common brotherhood amongst all the people of India

Article 51A(e) lists the fifth Fundamental Duty:

"to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;"

This duty is vital for social cohesion in a diverse country like India. It encourages citizens to rise above differences and foster unity. It also explicitly includes the duty to condemn practices that demean women.

Duty to value and preserve the rich heritage of our composite culture

Article 51A(f) lists the sixth Fundamental Duty:

"to value and preserve the rich heritage of our composite culture;"

India has a unique composite culture formed by the contributions of various communities and traditions. This duty encourages citizens to appreciate and protect this diverse cultural heritage, including monuments, art, languages, and traditions.

Duty to protect and improve the natural environment and to have compassion for living creatures

Article 51A(g) lists the seventh Fundamental Duty:

"to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;"

This duty is crucial for environmental protection and reflects a growing concern for ecological balance. It places an obligation on citizens to conserve nature and show kindness towards animals. This complements the Directive Principle under Article 48A.

Duty to develop the scientific temper, humanism and the spirit of inquiry and reform

Article 51A(h) lists the eighth Fundamental Duty:

"to develop the scientific temper, humanism and the spirit of inquiry and reform;"

This duty encourages citizens to adopt a rational and scientific outlook, foster humanistic values, question assumptions, and promote progressive reforms in society.

Duty to safeguard public property and to abjure violence

Article 51A(i) lists the ninth Fundamental Duty:

"to safeguard public property and to abjure violence;"

This duty is a civic obligation to protect public assets and refrain from violence, which can damage public property and disrupt peace.

Duty to strive towards excellence in all spheres of individual and collective activity

Article 51A(j) lists the tenth Fundamental Duty:

"to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;"

This duty promotes continuous self-improvement and collective effort across all aspects of national life, encouraging citizens to contribute to the nation's progress and achievement.

Added duty for parents/guardians to provide opportunities for education to their child between age of six and fourteen years (86th Amendment)

Article 51A(k) lists the eleventh Fundamental Duty:

"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."

Insertion:

This duty was added by the 86th Constitutional Amendment Act, 2002, which also inserted Article 21A (Fundamental Right to Education) and changed Article 45 (DPSP). This amendment places a responsibility on parents and guardians to ensure that their children in the 6-14 age group receive education, aligning with the State's obligation under Article 21A.

Non-justiciable Nature of Fundamental Duties

Like Directive Principles of State Policy, Fundamental Duties are non-justiciable. This is a key aspect of their nature.

Meaning of Non-justiciable:

Fundamental Duties cannot be enforced by courts. If a citizen fails to perform their duty, say, disrespects the National Flag or damages public property, a court cannot issue a writ or order compelling them to perform the duty or imposing a penalty solely based on Article 51A.

The Constitution does not provide for any direct enforcement mechanism for Fundamental Duties.

Distinction from Fundamental Rights:

This contrasts sharply with Fundamental Rights, which are justiciable and can be enforced by moving the Supreme Court or High Courts.

The intention behind making them non-justiciable was perhaps to make them moral obligations and educative rather than punitive, avoiding potential complexities and litigation.

Judicial Interpretation and Incorporation

Although non-justiciable, Fundamental Duties are not mere platitudes. They have been recognised and utilised by the judiciary in various ways.

Indirect Enforcement through statutory provisions

Parliament has enacted various laws to implement some of the Fundamental Duties. While the duty itself is not directly enforceable, the laws made to give effect to them are enforceable and provide for punishments for violations.

Examples:

• Duty to respect the National Flag and Anthem (Art. 51A(a)): The Prevention of Insults to National Honour Act, 1971, makes disrespecting the National Flag or the Constitution a punishable offence.

• Duty to protect the environment (Art. 51A(g)): Environmental protection laws like the Wild Life (Protection) Act, 1972, the Forest (Conservation) Act, 1980, and the Environment (Protection) Act, 1986, implement this duty and are legally enforceable.

• Duty to safeguard public property and abjure violence (Art. 51A(i)): Laws like the Prevention of Damage to Public Property Act, 1984, provide for punishment for damaging public property.

• Duty for parents/guardians to provide education (Art. 51A(k)): The Right of Children to Free and Compulsory Education (RTE) Act, 2009, gives effect to this duty and the corresponding Fundamental Right (Art. 21A).

Thus, while one cannot directly sue for the performance of a Fundamental Duty, they can be indirectly enforced through specific laws enacted by Parliament.

Role of Fundamental Duties in interpreting Fundamental Rights and Directive Principles

The judiciary uses Fundamental Duties as a tool for interpreting laws and understanding the spirit of the Constitution:

• Aid in Interpretation: Courts have referred to Fundamental Duties while interpreting Fundamental Rights and Directive Principles. For instance, the duty to protect the environment (Art. 51A(g)) has been considered by courts while interpreting the scope of the Right to Life (Article 21) to include the right to a clean environment.

• Reasonableness of Restrictions: Courts sometimes consider Fundamental Duties when assessing the 'reasonableness' of restrictions imposed by the State on Fundamental Rights (e.g., under Article 19). A law restricting a right to enable the State to fulfil a DPSP or to enable citizens to perform their duties might be viewed as reasonable.

• Promoting Constitutional Values: The Supreme Court has emphasised that Fundamental Duties help in achieving the goals of Fundamental Rights and Directive Principles. They are not just moral precepts but have a constitutional significance.

While Fundamental Duties do not create any enforceable rights or obligations on their own, their presence in the Constitution serves as a guide for the State and citizens, and the judiciary uses them for interpreting the Constitution and laws, giving them an indirect relevance in the constitutional scheme.