Study Materials
General Studies - Polity
Fundamental Duties
1. Constitutional Basis
Feature | Detail |
Part | Part IV-A |
Article | Article 51A |
Added by | 42nd Constitutional Amendment Act, 1976 |
Based on | USSR Constitution |
Committee recommendations | Sardar Swaran Singh Committee (1976) |
Originally | 10 Duties |
11th Duty added by | 86th Constitutional Amendment Act, 2002 |
2. List of Fundamental Duties (Article 51A)
It shall be the duty of every citizen of India:
(a) Abide by the Constitution, respect ideals, institutions, the National Flag & Anthem
(b) Follow the ideals of the freedom struggle
(c) Uphold sovereignty, unity, integrity
(d) Defend the country & render national service
(e) Promote harmony, brotherhood; renounce practices derogatory to women
(f) Preserve the rich heritage of the composite culture
(g) Protect the environment: forests, lakes, rivers, wildlife; compassion for living creatures
(h) Develop scientific temper, humanism, inquiry & reform
(i) Safeguard public property; abjure violence
(j) Strive for excellence in all spheres
(k) Duty of parent/guardian to provide education (6–14 years) → (added in 2002)
3. Features of Fundamental Duties
- Moral + Civic nature
- Moral: Cherish the ideals of the freedom movement
- Civic: Respect Flag, Anthem
- Applicable only to citizens (unlike some FRs → available to all persons)
- Non-justiciable (like DPSPs)
- But Parliament can make laws to enforce them
- Rooted in Indian tradition, culture, and religions
- Inspired by the USSR constitution
4. Importance of Fundamental Duties
- Remind citizens of responsibilities
- Promote discipline, commitment, and national unity
- Check anti-national activities
- Assist courts in judicial review (e.g., reasonableness under Art. 14 & 19)
- Establish a balance between Rights & Duties
5. Rights & Duties – Relationship
Idea: Rights → enforceable; Duties → moral–civic but not enforceable.
- They are complementary, not opposing.
Example:
Fundamental Right | Related Fundamental Duty |
Art. 21 – Right to Education | Art. 51A(k) – Duty of parent to educate child (6–14 yrs) |
Art. 19(1)(a) – Free speech | Duty to maintain harmony (51A(e)) |
Art. 25 – Religious freedom | Duty to promote unity & brotherhood |
Rights give freedom, duties give direction.
6. Important Committees & Amendments
Committee/Amendment | Significance |
Swaran Singh Committee (1976) | Recommended Fundamental Duties |
42nd Amendment (1976) | Added Part IV-A (10 Duties) |
86th Amendment (2002) | Added duty 51A(k) on compulsory education |
7. Supreme Court Judgments on Fundamental Duties
Case | Key Point |
Chandra Bhavan Boarding vs State of Mysore (1969) | Minimum wages → welfare obligation consistent with duties |
Balaji Raghavan vs Union of India (1995) | Validated National Awards → promoting excellence (51A(j)) |
M.C. Mehta vs Kamal Nath (2000) | Environmental protection duty (51A(g)) upheld |
Ranganath Mishra Case (2003) | Directed govt. to spread awareness about Duties |
Ramlila Maidan Case (2012) | Citizens must follow lawful orders; protect public property |
8. Justice Verma Committee (1998)
Purpose: Strengthen operationalisation of Duties.
Identified existing laws enforcing Duties:
Duty | Enforcing Law |
Respect for national symbols | Prevention of Insults to National Honour Act, 1971 |
Social equality, non-discrimination | Protection of Civil Rights Act, 1955 |
Ethical elections | Representation of the People Act, 1951 |
Wildlife protection | Wildlife Protection Act, 1972 |
Forest conservation | Forest Conservation Act, 1980 |
