FUNDAMENTAL DUTIES

FUNDAMENTAL DUTIES

Fundamental duties have been incorporated in Part IVA of the Constitution under the recommendation of Swaran Singh Committee. The Fundamental Duties in the Indian Constitution are inspired by the Constitution of the erstwhile USSR.

Recent use of Fundamental Duties

• Enforcement of Fundamental Duties: In February 2022, a petition was filed in the Supreme Court seeking the enforcement of Fundamental Duties under the Indian constitution through comprehensive and well-defined laws.
• Ranganath Mishra case, 2003: SC observed that fundamental duties should not only be enforced by legal sanctions but also by social sanctions. Directions were issued to the Centre to take appropriate steps for the implementation of the recommendations of Justice J. S. Verma Committee’s report on the operationalisation of fundamental duties.
• Bombay HC during first wave of COVID-19 wave: On suo moto petition, Court held while government machinery is expected to take effective measures to deal with COVID-19 pandemic, citizens are also expected to remind themselves of their fundamental duties.
• Bombay High Court during second wave of COVID-19 wave: Officers have now started to shirk their responsibilities in giving certain relief to COVID-19 patients and in a way, they are also on the path to violate their fundamental duties.
• M.C. Mehta v. Union of India: Supreme Court introduced compulsory learning of lessons on protection of environment in all the educational institutions of the country as a part of Fundamental duty under Article 51-A (g).

Features/Characteristics

• Objective: To place before the country a code of conduct, which citizens are expected to follow.
• Applicability: Fundamental duties are extended only to Indian citizens & not foreigners.
• Nature of duties: While some of the fundamental duties are moral duties. Example – to promote a spirit of patriotism and to uphold the unity of India; cherishing the noble ideals of freedom struggle etc., there are others that are civic duties, for instance, respecting the National Flag and National Anthem.
• Non-justiciable: Thus, citizens cannot be forced to observe them and are not directly enforceable by the Courts.
• Values of Indian tradition: Fundamental Duties consist of tasks essential to the Indian way of life by incorporating precepts reflecting the values of the Indian tradition.
• Duty on state: Though Article 51A does not expressly cast any fundamental duty on the state, the fact remains that the duty of every citizen of India is the collective duty of the state.

Significance/Importance of Fundamental Duties

1. For citizens

• Awareness about duties: Fundamental Duties serve as a constant reminder about their duties to their nation as well as towards other citizens.
• Active citizenry: They help in realising national goals by the active participation of citizens rather than mere spectators.
• Ensures fundamental rights of others: By discharging one’s duties towards the nation and each other, a person automatically ensures that rights of others are secured.
• Source of inspiration: They are a formidable source of inspiration to the citizens and promote a sense of discipline and commitment amongst them.

• Conscious citizens: They orient individuals to be conscious of their social responsibilities and so shape the society that we all become solicitous and considerate.

2. For government

• Warning against anti-national activities: Such as burning the flag, destroying public property, or disturbing public peace.
• Enforceable through laws: For example, the Prevention of Insults to National Honour Act (1971) prevents disrespect to the Constitution of India, National Flag, and National Anthem.

3. Governance

• Democratic balance: Fundamental duties establish a democratic balance by making people conscious of their duties equally as they are conscious of their rights [Late PM Indira Gandhi].
• For betterment of society: If every citizen performs their duties irrespective of considerations of caste, creed, color, and language, most of the malaise of the present-day polity could be contained.
• For development of nation: It is only through the fulfillment of our duties in the most earnest way that we can live life to our truest potential and help lead our nation towards prosperity and development.
• To fulfill social contract: Declaration of citizen’s duty is a part of the ‘social contract’ which the citizens are deemed to have entered into with the Government under the framework established by and under the Constitution of India.

4. Legal benefits

• Constitutionality of laws: It helps the Court in determining the constitutionality of the law.
• Aid to interpretation: Fundamental duties do provide a valuable guide and aid to the interpretation of constitutional and legal issues.

5. International obligations: Article 29(1) of UDHR provides that everyone has duties to the community in which alone the free and full development of his personality is possible.

Criticism

1. Not exhaustive: The list of duties is not exhaustive since some key duties are found amiss, such as the duty to pay taxes, vote at elections, etc.
2. No theme: The duties have no underlying theme and are haphazardly arranged.
3. Little practical value: They are vague, ambiguous, and mere moral precepts. For example, noble ideals of the freedom struggle, the phrase ‘composite culture’, ‘scientific temper’, etc.
4. Non-enforceable: They are not justiciable on their own and have little value in the eyes of the people.
5. Socio-economic challenge:
   • Poverty: India has high levels of poverty, illiteracy, and unemployment. In such a situation, people may not be aware of their rights, let alone duties.
   • Large population: This leads to much pressure on resources, which in turn is responsible for the erosion of values, which are the very basis of duty.
   • Corruption: Because of rampant corruption, people are generally fed up with the administration, and in disgust, they also do not perform their duties.
   • Conflicts: Conflicts in regional and communal groups are a hindrance in the process of building a strong and united India. Due to this, concern for preserving regional and communal identities takes such an ominous turn that the national interest is ignored.

Need of new Fundamental Duties

• Rights and duties are correlative: The two concepts are so interwoven that they cannot be divorced from each other. Therefore, it is pertinent that every right must be complemented by a duty; hence we need new duties to balance rights.
• Scope of fundamental Rights: There has been a significant expansion in their scope through judicial pronouncements such as the right to live in a clean and healthy environment, etc. As a result, an imbalance has been created between Fundamental Rights and Duties.
• Socio-political structure: With the advent of technology and the evolution of societal norms, new obligations have arisen that citizens owe to each other and to the country.
• Sense of civic responsibility: Certain duties that are essential to any democracy need to be reinforced within the current context so as to instill a new sense of civic responsibility.

New Duties required

• Duty to pay taxes: as recommended by Swaran Singh Committee.
• Duty to vote: Duty to vote at elections, actively participate in the democratic process of governance, and to pay taxes [NCRWC].
• Duty to promote well-being of children: To foster a spirit of family values and responsible parenthood in the matter of education, physical, and moral well-being of children [NCRWC].
• Education to children: Duty of industrial organizations to provide education to children of their employees [NCRWC].
• Duty to prevent civil wrongs: It is not enough that a citizen refrains from committing wrong; he has a duty to see that fellow citizens do not indulge in the commission of wrongs.
• Duty to raise voice against injustice: The duties of a victim or a witness can be classified into two main categories, viz. duty to report a crime and duty to testify in court.
• Duty to protect whistle-blowers: Due to the Right to Information Act, 2005, every citizen has become a “potential whistle-blower.” While the state has a great deal of responsibility in providing for their protection, the responsibility vests on each one of us.
• Duty to help accident victims: Government should frame guidelines for the protection of ‘Good Samaritans,’ or helpful bystanders, and a SOP for their implementation. 74% of bystanders are unlikely to assist a seriously injured person on the road, irrespective of whether they are alone at the spot or in the presence of others. [2013 survey by Save LIFE Foundation].
• Duty to keep premises clean: Article 21 has been interpreted to include the right to a clean environment. Children should be taught about the need for maintaining cleanliness, commencing with the cleanliness of the house both inside and outside, and of the streets in which they live [MC Mehta v. UOI].
• Duty to support bona fide civil society movements: Citizens have a moral duty to organize themselves or support citizen groups so that the gaps in governance left by the executive can be filled and the rights guaranteed by the Constitution are made available to every citizen.
• Reinvigorating civic responsibility: In the modern context, it has become increasingly important to instill a reinvigorated sense of civic responsibility among Indian citizens.

Should Fundamental Duties be legally enforceable? 

1. Yes/ Arguments making fundamental duties enforceable

• To fill legal vacuum: In order to enforce discipline and behavioral change among citizens, the legislative vacuum needs to be filled by making them enforceable.
• Enables judiciary to examine legislative reasonableness: Fundamental duties are of relevant consideration, and by making them enforceable, it will increase their value.
• Guide the legislatures and executives: As pointed out by various Courts, fundamental duties also need to be fulfilled by the State and its officials. Making them enforceable will put an obligation on them as well.

• Legislative potentials like DPSP: The judiciary has been appreciative of DPSP as they promote common good. The same yardsticks need to be made applicable to Fundamental Duties.
• Soviet example from where duties were borrowed: In the erstwhile Soviet Constitution, the rights and duties were placed on the same footing.
• Reinforce constitutional obligations: Article 51A(k) read with Article 21A provides that the State and the parents are made to share obligations with regard to the education of children. It can help in curbing child labour.
• Promote patriotism: The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. Citizens are morally obligated by the Constitution to perform these duties.
• Social responsibility: Fundamental duties instill a “profound sense of social responsibility towards the nation.” Hence, they have to be enforced.

2. No/ Arguments against making fundamental duties enforceable

• Political propaganda: For example, protecting the culture and tampering/omitting curriculum is facilitated.
• Repetitive: For example, the fundamental duty to protect and improve the natural environment, including forests and wildlife, only repeats what existing environment protection laws prescribe.
• Ambiguous: Fundamental duties comprise phrases such as brotherhood and scientific temper, which have no specific meaning. They can be misused by the government or other citizens. For example, in order to protect heritage/culture, India is seeing growth in lynching by cow vigilantes.
• Lack of adequate awareness: For proper enforcement of duties, it is necessary that it should be known to all. This should be done by systematic and intensive education of people through publicity or by making it a part of education.
• Patriotism cannot be forced: Citizens cannot be forced to carry patriotism on their sleeves, and courts cannot inculcate patriotism among people through its order [Supreme Court in Shyam Narayan Chouksey Case].
• Constitutional values: The significance of Fundamental Duties is not diminished by the fact that there is no punishment prescribed for not following them. Fundamental Duties should be treated as constitutional values that must be propagated by all citizens.

Best practices

• USA: The Citizens’ Almanac, issued by the US Citizenship and Immigration Services, details the responsibilities of its citizens—a copy of this document is given to every person on becoming a citizen of the country. Every year, Americans celebrate “Constitution Week,” using the time to reflect on the rights and responsibilities of citizenship and what it means to be a US citizen.
• Singapore: Its growth story has been fueled by its emphasis on the relentless pursuit of duties by its citizens. As a result, Singapore has transformed from a less developed nation to a highly developed one in a short span of time.
• Duty to pay tax: Several countries like Tunisia, China, and Kuwait made provisions in their respective Constitutions regarding the duty of a citizen to contribute to the public exchequer according to his capacity.