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Fundamental Duties
5.1 Background and Addition
India's original Constitution (1950) had no Fundamental Duties — reflecting the founders' belief that rights were primary and duties would follow naturally from citizenship. After the Emergency period, the Swaran Singh Committee (1976) recommended adding duties.
How they were added:
- The 42nd Constitutional Amendment Act, 1976 added Part IVA with Article 51A containing 10 Fundamental Duties
- In 2002, the 86th Constitutional Amendment added the 11th duty as Article 51A(k) — a parent or guardian's duty to provide opportunities for education to their child or ward aged 6–14 years
5.2 The Eleven Fundamental Duties (Article 51A)
| Clause | Duty |
|---|---|
| (a) | Abide by the Constitution; respect its ideals and institutions, the National Flag and the National Anthem |
| (b) | Cherish and follow the noble ideals of the national struggle for freedom |
| (c) | Uphold and protect the sovereignty, unity, and integrity of India |
| (d) | Defend the country and render national service when called upon |
| (e) | Promote harmony and the spirit of common brotherhood among all Indians; renounce practices derogatory to women |
| (f) | Value and preserve the rich heritage of our composite culture |
| (g) | Protect and improve the natural environment including forests, lakes, rivers, and wildlife; show compassion for living creatures |
| (h) | Develop the scientific temper, humanism, and the spirit of inquiry and reform |
| (i) | Safeguard public property and abjure violence |
| (j) | Strive towards excellence in all spheres so that the nation constantly rises to higher levels of endeavour and achievement |
| (k) | [Added 2002] Provide opportunities for education to children aged 6–14 by parents/guardians |
5.3 Nature and Enforceability
Fundamental Duties are non-justiciable — a person cannot be taken to court for failing to perform them. However, Parliament has enacted laws that enforce some duties:
- Prevention of Insults to National Honour Act 1971 (enforces 51A(a))
- Wildlife Protection Act 1972 (enforces 51A(g))
Courts have used Fundamental Duties to interpret constitutional provisions and uphold legislation that supports their performance.
Committee recommendations:
- The Verma Committee (1999) studied Fundamental Duties and recommended making them enforceable through legislation
- The Swaran Singh Committee originally proposed that their violation should be punishable
