Jonah Patel
The Fundamental Duties, originally 10 in number, were added to the Indian Constitution by the 42nd Constitutional Amendment Act of 1976. The duties, inspired by the Constitution of the Soviet Union, were incorporated into Part IV-A of the Constitution on the recommendations of the Swaran Singh Committee. They were added to remind citizens of their responsibilities towards the nation and to make them active participants in the country's progress.
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What You'll Learn
The 42nd Amendment Act
The Fundamental Duties outlined in the 42nd Amendment Act include:
- Upholding and protecting the sovereignty, unity, and integrity of India.
- Abiding by the Constitution and defending the country.
- Promoting harmony and a spirit of common brotherhood, transcending religious, linguistic, regional, and sectional diversities.
- Cherishing and following noble ideals that inspired India's struggle for freedom.
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Inspired by the Constitution of the Soviet Union
The 42nd Constitutional Amendment Act of 1976 added the Fundamental Duties to the Indian Constitution. These duties were inspired by the Constitution of the Soviet Union (USSR) and were incorporated into Part IV-A of the Indian Constitution. Originally, there were ten duties, but an eleventh was added in 2002 through the 86th Constitutional Amendment Act. All eleven duties are listed under Article 51A of the Indian Constitution.
The Indian Constitution is the world's longest for a sovereign nation, with 145,000 words in its original form. It has been amended 106 times, most recently in September 2023. The Constitution is considered federal in nature and unitary in spirit, with a unique combination of federal and unitary features.
The Soviet Union's Constitution, drafted in 1993, served as an inspiration for the preamble's values of social, economic, and political justice. The preamble to the Indian Constitution is a brief declaration that outlines the document's objectives, values, and source of authority. The Indian Constitution borrows the concept of Fundamental Duties from the Soviet Union, as well as the idea of social, economic, and political justice.
The Indian Constitution was framed in November 1949 and approved in January 1950, much earlier than the Soviet Union's Constitution. The form of government in India is a parliamentary system, while Russia has a semi-presidential system. In India, the President cannot pass a vote of no confidence in the Lok Sabha, unlike in Russia, where the President can withdraw such a vote passed by the Duma. Additionally, Russia has a constitutional court alongside its Supreme Court, while India has an integrated judiciary with only the Supreme Court at the top.
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The role of the Swaran Singh Committee
The 42nd Constitutional Amendment Act of 1976 added the Fundamental Duties to the Indian Constitution. The amendment was inspired by the Constitution of the Soviet Union and aimed to strengthen Indian democracy by making citizens active participants in the country's progress. The Fundamental Duties are listed under Article 51A of the Constitution, which falls under Part IV-A.
The Swaran Singh Committee played a crucial role in the inclusion of these Fundamental Duties in the Indian Constitution. Sardar Swaran Singh, an Indian politician and lawyer, was born on 19 August 1907 in the village of Shankar in the Jalandhar district of Punjab. He studied physics at Government College, Lahore, and later worked as a lecturer before pursuing law. In the 1930s, he entered politics by joining the Akali Dal political party and soon became a prominent leader. Over his political career, he played a significant role in fostering compromise between the Indian National Congress Party and the Akali Dal. He also served as India's external affairs minister and is known for signing a treaty of peace, friendship, and cooperation with the USSR in 1971.
As a member of the Swaran Singh Committee, Sardar Swaran Singh contributed to the addition of Fundamental Duties in the Constitution. The committee's recommendations influenced the 42nd Constitutional Amendment Act, which incorporated these duties. The idea of Fundamental Duties was inspired by the Constitution of the erstwhile USSR, with Japan being the only other democratic state at the time that outlined citizens' duties.
The Fundamental Duties added through this amendment serve as a reminder to citizens of their responsibilities towards the nation. They include upholding and protecting the sovereignty, unity, and integrity of India, abiding by the Constitution, defending the country, promoting harmony, and rendering national service when called upon.
The inclusion of Fundamental Duties in the Indian Constitution through the recommendations of the Swaran Singh Committee has had a significant impact on the country's legal framework. It has provided a basis for determining the constitutionality of laws and has been recognised by the Supreme Court as being equally important as fundamental rights.
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Fundamental Duties are non-justiciable
The Fundamental Duties were incorporated into the Indian Constitution by the 42nd Constitutional Amendment Act of 1976. Inspired by the Constitution of the Soviet Union, these duties were added to encourage active citizen participation in the country's progress and strengthen Indian democracy.
The Fundamental Duties are non-justiciable, meaning they are not legally enforceable by the judiciary or courts. While they are enshrined in the Constitution, there are no legal repercussions for citizens who fail to adhere to them. This non-justiciability has raised questions about the effectiveness and utility of these duties.
Despite being non-justiciable, the Fundamental Duties play a crucial role in guiding the behaviour and conduct of citizens. They serve as moral obligations and a moral compass for cultivating a responsible and law-abiding society. The duties help promote a sense of discipline and commitment to the nation, fostering values such as patriotism, unity, and respect for the Constitution and its institutions.
The Indian government has made efforts to educate citizens about their Fundamental Duties, forming committees such as the Justice Verma Committee in 1998 to develop educational programmes and training for teachers and citizens. The Supreme Court of India has also played a role in interpreting and upholding the importance of these duties, with rulings such as the Ranganath Mishra judgment in 2003, which emphasised the need for enforcement through both legal and social sanctions.
While the non-justiciable nature of Fundamental Duties presents challenges in legal enforcement, they remain essential in shaping the civic consciousness and responsibilities of citizens in a democracy.
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The need for Fundamental Duties
The 42nd Constitutional Amendment Act, 1976, added the Fundamental Duties to the Indian Constitution. The amendment was inspired by the Constitution of the Soviet Union (Russia) and aimed to strengthen Indian democracy by making citizens active participants in the country's progress.
The Fundamental Duties are a set of moral and ethical obligations that citizens are expected to uphold towards their nation. They remind citizens that, in addition to the enjoyment of rights, they also have certain duties to perform. These duties include:
- Abiding by the Constitution and respecting its ideals and institutions, the National Flag, and the National Anthem.
- Defending the country and providing national service when required.
- Promoting harmony and the spirit of common brotherhood among all people in India, transcending religious, linguistic, and regional differences, and renouncing practices derogatory to the dignity of women.
- Safeguarding public property and abjuring violence.
The Fundamental Duties are not just pedantic or technical; they are intended to guide citizens towards a harmonious and productive relationship with their country and fellow citizens. They also help realise national goals by encouraging citizens to be active participants in the country's progress, rather than mere spectators.
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Frequently asked questions
The 42nd Constitutional Amendment Act, 1976.
The Fundamental Duties were inspired by the Constitution of the Soviet Union and were incorporated to remind citizens of their responsibilities towards the nation. Originally, there were ten duties, which later expanded to eleven.
Some examples of the Fundamental Duties include respecting the Constitution and national symbols, promoting harmony, protecting the environment, and upholding the values of tolerance and communal harmony.
No, the Fundamental Duties are non-justiciable, meaning they are not enforceable by law. However, they serve as moral obligations and guiding principles for citizens.
The inclusion of Fundamental Duties was justified as a means to strengthen democracy and establish a balance between rights and duties, inspiring discipline and commitment among citizens.
