42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution. 11th Fundamental Duty later added to the list via 86th Amendment Act 2002 . Swaran Singh Committee in 1976 recommended Fundamental Duties, the necessity of which was felt during the internal emergency of 1975-77. The Fundamental Duties are dealt with Article 51A of the Indian Constitution.
The fundamental duties which were added by the 42nd Amendment Act of the Constitution in 1976, in addition to create and promote the culture, also strengthen the hands of the legislature in enforcing these duties along-with the fundamental rights.
The list of 11 Fundamental Duties under article 51-A to be obeyed by every Indian citizen is given in the table below:
1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2.Cherish and follow the noble ideals that inspired the national struggle for freedom.
3. Uphold and protect the sovereignty, unity and integrity of India.
4.Defend the country and render national service when called upon to do so.
5.Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women.
6.Value and preserve the rich heritage of the country’s composite culture.
7.Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.
8. Develop scientific temper, humanism and the spirit of inquiry and reform.
9.Safeguard public property and to abjure violence.
10.Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.
11. Provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002
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Importance of Fundamental Duties
Fundamental duties make citizen conscious of his social and citizenship responsibilities and so shape the society in which all become solicitous and considerate of the inalienable rights of our fellow citizens.
They serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society and to their fellow citizens.
They serve as a warning against the anti-national and antisocial activities like burning the national flag, destroying public property and so on.
They serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them.
They create a feeling that the citizens are no mere spectators but active participants in the realization of national goals.
They are ideal in nature and lead the citizen in the right direction.
They help the courts in examining and determining the constitutional validity of a law.
For instance, in 1992, the Supreme Court of India ruled that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a fundamental duty, it may consider such law to be ‘reasonable’ in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.
The importance of fundamental duties is that they define the moral obligations of all citizens to help in the promotion of the spirit of patriotism and to uphold the unity of India.
Criticism of Fundamental Duties.
They are made in-justiciable in nature.
Important duties such as tax-paying, family planning etc are not covered.
Vague and ambiguous provisions which are difficult to be understood by a common man.
Superfluous provisions since they would generally be followed even if they were not included.
Inclusion as an appendage to the constitution reduces the value and intent behind FD.
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