Isabella Carter
The Fundamental Duties of the Indian Constitution were incorporated in 1976 through the 42nd Amendment Act, which added Part IV-A to the Constitution. This part consists of a single Article, Article 51A, which outlines 11 fundamental duties of Indian citizens, including both moral and civic obligations. The idea of Fundamental Duties was borrowed from the constitution of the former USSR, and they serve as guiding principles for citizens, reminding them of their responsibilities towards their nation and fellow citizens.
| Characteristics | Values |
|---|---|
| Year incorporated | 1976 |
| Amendment | 42nd Amendment Act |
| Number of duties added | 10 |
| Article | 51-A |
| Part | IV-A |
| Date of celebration | January 6 |
| Inspiration | Constitution of Russia (erstwhile Soviet Union) |
| Nature of duties | Non-justiciable |
| Scope of applicability | Indian citizens only |
| Number of duties currently | 11 |
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What You'll Learn
The 42nd Amendment Act in 1976
The 42nd Amendment Act, officially known as The Constitution (Forty-second Amendment) Act, was enacted in 1976 by the Indian National Congress, led by Indira Gandhi. It is considered one of the most remarkable and controversial amendments to the Constitution of India, 1950, owing to the large number of changes it brought about. Nicknamed the "'Mini-Constitution'", the 42nd Amendment Act amended the Preamble to the Constitution, 40 Articles, and the Seventh Schedule, and added 14 new articles and two new parts to the Constitution of India.
The Amendment Act introduced several notable changes. Firstly, it added the words "socialist" and "secular", and changed "unity of the nation" to "unity and integrity of the nation" in the Preamble. Secondly, it amended Article 39(f) to include provisions for the protection and development of children. Thirdly, it added Articles 323A and 323B, dealing with administrative matters and other tribunals, respectively. Furthermore, the Act introduced clauses allowing for the suspension of fundamental rights during external emergencies, specifically mentioning the suspension of rights granted by Article 19 during such times.
The 42nd Amendment Act also had implications for the judiciary. It reduced the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws. The High Courts' judicial review power was curtailed, and the Act provided for the creation of the All-India Judicial Service. Additionally, quorum requirements in Parliament and state legislatures were abolished, and the Parliament was given the authority to decide on the rights and privileges of its members and committees.
The Amendment Act also extended the duration of the President's rule in a state from six months to one year during a national emergency. It obligated the President to follow the cabinet's advice and allowed the Centre to deploy central forces in states to deal with law-and-order conflicts. Furthermore, the Lok Sabha and State Legislative Assemblies' term was extended from five to six years.
The 42nd Amendment Act laid down the Fundamental Duties of Indian citizens, incorporating ten duties as specified in Article 51A of the Indian Constitution. These duties, based on a recommendation by the Swaran Singh Committee, include upholding and protecting the sovereignty, unity, and integrity of India, abiding by the Constitution, defending the country, promoting harmony, and providing opportunities for education for children between the ages of six and fourteen years. These duties serve as a reminder to citizens of their responsibilities towards their nation and fellow citizens.
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The 86th Amendment Act in 2002
The 86th Amendment Act, also known as the Right to Education (RTE) Act, was passed in 2002 to address the issue of children being deprived of quality education due to various reasons such as economic crises and a lack of infrastructure and resources. The act aimed to empower children by providing them with a fundamental right to free and compulsory education at the school level.
Article 21A was inserted into the Indian Constitution through this amendment, guaranteeing that the state shall provide free and compulsory education to all children between the ages of six and fourteen years. This was a significant step towards improving and developing India's education system, ensuring that all children have the opportunity to complete their primary education.
The 86th Amendment Act also imposed new responsibilities on state governments, local authorities, and other stakeholders. It is important to note that this amendment only made elementary education a fundamental right, excluding professional and higher education.
The Right to Education Act, which was passed by Parliament in 2009, further mandated the implementation of the 86th Amendment Act. This act came into effect on 1st April 2010, providing specific norms for elementary schools to follow.
The Fundamental Duties, as enshrined in the Indian Constitution, serve as a reminder to citizens that along with the enjoyment of rights come certain duties towards their nation. These duties, outlined in Article 51A of the Constitution, were added through the 42nd Amendment Act in 1976, with ten duties recommended by the Swaran Singh Committee. The 86th Amendment Act of 2002 added an eleventh duty, emphasizing the importance of providing educational opportunities for children between the ages of six and fourteen.
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The Indian Constitution's 11 Fundamental Duties
The Indian Constitution originally did not contain any Fundamental Duties. However, the need for them was felt during the operation of the internal emergency from 1975 to 1977. In 1976, the Indira Gandhi government constituted the Sardar Swaran Singh Committee to make recommendations about Fundamental Duties. The Committee recommended eight Fundamental Duties, but the government added ten duties through the 42nd Amendment Act, outlining the following eleven Fundamental Duties for citizens:
- Moral and civic duties: These include cherishing the noble ideals of the freedom struggle, respecting the Constitution, National Flag, and National Anthem, and renouncing practices derogatory to the dignity of women.
- Rooted in Indian tradition: The Fundamental Duties are derived from values deeply embedded in Indian tradition, mythology, religions, and practices.
- Applicable to citizens: Unlike certain Fundamental Rights that extend to all individuals, including foreigners, the Fundamental Duties are specific to citizens only.
- Inspiring discipline and commitment: Fundamental Duties inspire citizens to actively participate in nation-building, promoting a sense of discipline and commitment.
- Assisting in determining constitutional validity: According to a 1992 Supreme Court decision, a law may be considered "reasonable" in relation to equality before the law or certain freedoms, preventing it from being unconstitutional if it carries out a fundamental duty.
In 2002, one more Fundamental Duty was added by the 86th Constitutional Amendment, bringing the total number of Fundamental Duties in the Indian Constitution to eleven. These duties serve as guiding principles for citizens, reminding them that along with the enjoyment of rights come certain responsibilities towards their nation.
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The concept of fundamental duties
The Fundamental Duties were added to the Indian Constitution through the 42nd Amendment Act in 1976. This amendment introduced Article 51A in Part IV-A of the Constitution, which outlines 11 Fundamental Duties for citizens. These duties serve as guiding principles for citizens, reflecting the values and ideals that contribute to the betterment of Indian society and the nation as a whole. They include responsibilities such as defending the country, promoting harmony, abiding by the Constitution, and respecting the National Flag and National Anthem.
The inclusion of Fundamental Duties in the Constitution was influenced by the constitution of the former USSR, with Japan being the only other democratic state at the time that included the duties of citizens in its constitution. The idea behind incorporating these duties was to transform society and guide citizens towards a harmonious and productive relationship with their country and fellow citizens. By understanding their rights and duties under the Constitution, citizens can become meaningful stakeholders in Indian democracy.
While the original recommendation by the Swaran Singh Committee included eight Fundamental Duties, the 42nd Constitutional Amendment Act expanded the list to ten. In 2002, the 86th Constitutional Amendment Act added one more Fundamental Duty, bringing the total number of Fundamental Duties in the Indian Constitution to eleven. These duties are non-justiciable, meaning they cannot be enforced by law through the judiciary. However, their inclusion in the Constitution serves as a constant reminder to citizens that their rights come with certain responsibilities and duties towards their nation.
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The origin of fundamental duties
The Fundamental Duties of the Indian Constitution were incorporated in 1976 through the 42nd Constitutional Amendment Act, which added Part IV-A to the Constitution. This part consists of a single Article, Article 51A, which outlines 11 Fundamental Duties for citizens.
The Fundamental Duties concept was borrowed from the constitution of the former USSR, with Japan being the only other democratic state at the time with citizen duties enshrined in its constitution. During the internal emergency of 1975-1977, the Congress Party established the Sardar Swaran Singh Committee, which recommended incorporating eight Fundamental Duties. However, the 42nd Amendment Act included ten, with the list later being expanded to eleven in 2002 through the 86th Constitutional Amendment Act.
The Fundamental Duties are a set of moral and ethical obligations that citizens are expected to uphold towards their nation. They act as a reminder that, alongside the enjoyment of rights, citizens also have responsibilities towards their country. These duties include abiding by the Constitution, defending the country, promoting harmony, and providing opportunities for education for children between the ages of six and fourteen.
The inclusion of Fundamental Duties in the Constitution was criticised by some as superfluous, arguing that people would perform these duties regardless of whether they were constitutionally mandated. Critics also pointed out that certain important duties, such as paying taxes, were not included in the list. Despite these criticisms, the Fundamental Duties are seen as essential for guiding citizens towards a harmonious and productive relationship with their country and fellow citizens.
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Frequently asked questions
The fundamental duties were incorporated into the Indian constitution in 1976 by the 42nd Constitutional Amendment Act.
Ten fundamental duties were added in 1976.
Yes, in 2002, one more fundamental duty was added by the 86th Constitutional Amendment Act, bringing the total number of fundamental duties to eleven.
