Fundamental Duties are a set of moral and civic obligations that citizens are expected to fulfil for the well-being of the society and nation. Enshrined in Part IV-A (Article 51A) of the Constitution, these duties were added by the 42nd Amendment in 1976. There are 11 Fundamental Duties outlined. The fundamental duties of citizens were added in the Constitution on the recommendations of the Swaran Singh Committee .The Fundamental Duties in the Indian Constitution are inspired by the Constitution of the erstwhile USSR.

Background

• At the time of its inception in 1950,Original Constitution did not mention of Fundamental Duties.
• Fundamental Duties were incorporated in the Constitution by the 42nd Amendment in 1976, after the recommendations of the Swaran Singh Committee.
• Fundamental Duties influence citizen’s behaviour and help to achieve excellence in all aspects of life.
• There are two types of fundamental duties: Moral and civic duty
  • Moral Duty: Upholding the great goals of the freedom fight
  • Civic duty: Respect for the Constitution, the National Flag, and the National Anthem
• The Fundamental Duties of the Indian Constitution are modelled after the Constitution of the former Soviet Union.
• Notably, none of the Constitutions of major democratic countries such as the United States, Canada, France, Germany, Australia, and others include a list of citizens’ obligations or Fundamental duties.
• Fundamental Duties are regarded as the moral responsibilities of all people to encourage patriotism and protect India’s unity.
• Article 51A of Part IV A of the Indian Constitution addresses the Fundamental Duties.
• The required Fundamental Duties represent some of the noblest values proclaimed by our great saints, philosophers, social reformers, and political leaders.

Swaran Singh Committee (1976) Recommendations

• It recommended the inclusion of a separate chapter on fundamental duties in the Constitution.
• It stressed that the citizens should become conscious that in addition to the enjoyment of rights, they also have certain duties to perform as well and suggested the incorporation of eight Fundamental Duties in the Constitution.
• The Central Government accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976, which added a new part, namely, Part IVA to the Constitution.
• The new part consists of only one Article, that is, Article 51A which for the first time specified a code of ten fundamental duties of the citizens.
• Interestingly, certain recommendations of the Committee were not accepted and hence, not incorporated in the Constitution which includes:
  • The Parliament may provide for the imposition of such penalty or punishment as may be considered appropriate for any non-compliance with or refusal to observe any of the duties.
  • No law imposing such penalty or punishment shall be called in question in any court on the ground of infringement of any of Fundamental Rights or the ground of repugnancy to any other provision of the Constitution.
  • Duty to pay taxes should also be a Fundamental Duty of the citizens.