Part IVA - Fundamental Duties (Article 51A)

When the Indian Constitution came into force, the Constitution did not mention Fundamental Duties. The discussions to include Fundamental Duties for citizens in the Indian Constitution became active during the Internal Emergency of 1975. Fundamental Duties were included in the Indian Constitution in 1976. The Fundamental Duties came into force on 3 January 1977. The article dealing with fundamental duties is Article 51A and part is Part IVA. India borrowed the concept of fundamental duties from the USSR. An Indian citizen cannot be sued by a court for failing to perform a fundamental duty. But if the duty has been passed by the Parliament as a law, the court has the power to punish those who do not comply with it.

Swaran Singh Committee

In 1976, the Indian National Congress Party formed a committee under the chairmanship of Sardar Swaran Singh. The mission of the committee was to study the need and importance of including Fundamental Duties in the Constitution. The Swaran Singh Committee proposed that a new part should be added to the Constitution for Fundamental Duties. Although the Swaran Singh Committee suggested eight Fundamental Duties, ten Fundamental Duties were included through the 42nd Constitutional Amendment. Article 29(1) of the Universal Declaration of Human Rights of 1948 states that 'everyone has certain duties to the community in which alone the full and free development of the individual is possible'. It is in this light that the Swaran Singh Committee suggested that the Fundamental Duties should be included in the Constitution. 

Constitutional Amendments

• 42nd Constitutional Amendment - In 1976, 10 Fundamental Duties were included in the Constitution through the 42nd Constitutional Amendment. (51 A (a-j)).

• 86th Constitutional Amendment - The number of Fundamental Duties increased to eleven through the 86th Constitutional Amendment in 2002. Thus, 51 A became a to k. The Constitution stipulates that it is the fundamental duty of parents to provide an environment for education for children between the ages of six and 14 years. 

Characteristics of Fundamental Duties

Some of the fundamental duties are moral duties and others are civic duties. For example, it is a moral duty to cherish the noble ideals of the freedom struggle. But it is the duty of a citizen to respect the national flag and the national anthem. Fundamental duties are values ​​embodied in Indian tradition, mythology, religion and practices. They have a deep connection with the Indian way of life. Fundamental Duties are only for Indian citizens and do not apply to foreigners. Like directive principles, fundamental duties are also not subject to argument. Courts cannot enforce or prescribe them.

Fundamental Duties

• Article 51A (a) - To obey the Constitution and respect its ideals, institutions, the National Flag and the National Anthem.

• Article 51A (b) - To cherish and follow the noble ideals which inspired our national struggle for freedom.

• Article 51A (c) - To maintain and protect the sovereignty, unity and integrity of India.

• Article 51A (d) - To protect the country and to perform national service when called upon to do so.

• Article 51A (e) - To promote harmony and a general spirit of brotherhood among all the people of India irrespective of religious, linguistic, regional and sectarian differences. To renounce practices which degrade the dignity of women.

• Article 51A (f) - To cherish and preserve the rich heritage of our composite culture.

• Article 51A (g) - To protect and enhance the natural environment including forests, lakes, rivers and wildlife and to show compassion towards living beings.

• Article 51A (h) - To develop scientific outlook and humanity, and a spirit of inquiry and reform.

• Article 51A (i) - To protect public property and to renounce violence.

• Article 51A (j) - To help the nation progress on the path of progress by showing excellence in all fields.

• Article 51A (k) - To provide educational facilities to children between the ages of six and fourteen.

 "The moral value of fundamental duties lies in maintaining a democratic balance by making citizens aware of their rights as well as their duties."

Justice Verma Committee - The Justice Verma Committee is a committee appointed to examine the existence of legal frameworks for the implementation of Fundamental Duties. Justice J. S. Verma is the Chairman of the Committee. The committee was appointed in July 1998 and submitted its report in 1999.