Chapter in Detail:

IntroductionIn 2003, Supreme Court has directed the Centre to enact a law for the enforcement of fundamental duties by citizens as suggested by the Justice Verma Committee (2000).

Ques. 1 : Outline the fundamental duties as enshrined in the Art. 51A of the Constitution?

Ans. Part IVA of the Constitution relating to Fundamental Duties was inserted in the Constitution vide the Constitution (Forty-second Amendment) Act, 1976 in accordance with the recommendations of the Swaran Singh Committee appointed by the Congress President to review the Constitution. This Part contains only one article, namely article 51A containing 11 Fundamental Duties. The FDs are as under:

51A. Fundamental Duties — It shall be the duty of every citizen of India —(a) to abide by the Constitution and respect its: ideals and institutions, the National Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e) to promote harmony and tide spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

(h) to develop the scientific temper humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.

(k) who is a parent or guardian to provide opportunities for education to his child or as the case may be, ward between the age of six and fourteen years” (added by the 86th Amendment Act).

The FDs are non-justiciable that is, citizens can not be forced to observe them. Some of them, are however a part of the enforceable law. For example, Prevention of Insults to National honour Act, 1971 and so on.However, if a citizen violates FDs, his FRs may not be restored when he approaches courts.

Justice Verma Committee Report on Teaching Fundamental Duties to CitizensJustice Verma Committee Report on Teaching Fundamental Duties to Citizens was set up in 1999 and the report was presented in 2000. It recommended reorienting approaches to school curriculum and teachers’ education programmes and incorporating fundamental duties in higher and professional education.

Ques. 2 : ‘Fundamental duties are meaningless unless backed by a law”. Examine?

Ans. The former Chief Justice of India, Ranganath Mishra, in a letter o the Chief Justice of India, requested the apex court to issue necessary directions to the State to educate its citizens in the matter of fundamental duties so that a right balance emerged between rights and duties. This letter was treated as a writ petition. The apex court appointed senior advocate K. Parasaran, as amicus curiae to assist the court.

National Commission to Review the Working of the Constitution (NCRW) report in 2002 recommended the implementation of the report of Justice Verma Committee. The Commission recommended that the first and foremost step required to he taken by the Union and the Stale Governments was to sensitise the people and create a general awareness of the provisions of fundamental duties amongst the citizens, on the lines recommended by the Justice Verma Committee.