FUNDAMENTAL DUTIES
We all talk about Fundamental Rights very loudly, but when it comes to our fundamental duties towards the country, Defend the country and Promote harmony. We all fall back in a state of hesitation. This Constitution has given us the fundamental duty to decide the responsibility towards the society and the country for Defending the country and Abide by the Indian Constitution, either no one wants to talk about it, or we do not do it intentionally, it is clear that we want everything but in return or considering it as our responsibility. don’t want to do.
These Fundamental Duties were mainly inspired by the body of the former Soviet Union. Total 11 essential duties in India. We should Abide by the Indian Constitution.
The following is a list of 11 fundamental duties –
- Abide by the Constitution and respect national flag & National Anthem
- Follow ideals of the freedom struggle
- Protect sovereignty & integrity of India
- Defend the country and render national services when called upon
- Developing the spirit of common brotherhood
- Preserve composite culture of the country
- Preserve natural environment
- Develop scientific temper and humanity
- Safeguard public property and avoid violence
- Strive for excellence in all spheres of life.
- Duty of all parents/guardians to send their children in the age group of 6-14 years to school.
The purpose behind the creation of Fundamental Duties is that every citizen should realize that the first is to Defend the country and promote harmony of the nation; that is, the national interest should be ahead of every action and goal.
Indian Fundamental Duties include abiding by the Indian Constitution, respecting our flag, keeping a sense of respect for the national anthem and protecting public property.
In this constitution, through the 42nd Amendment Act 1976, the fundamental duties of citizens were listed. Article 51 ‘A’ embodied in Part IV of the Constitution deals with Fundamental Duties. In India, January 6 is celebrated as “Fundamental Duties Day”.
Enforcement of Fundamental Duties
- The Court cannot enforce fundamental Duty. Meaning is unenforceable.
- There is no mention of any law in the constitution for the direct enforcement of these duties or the redressal of their violation.
- But if any law is made keeping in mind Article 14 and Article 19, it will be honorable.
Criticism of Fundamental Duties
- Some other essential subjects not included in this list like paying taxes, family planning and voting etc.
- Many Fundamental Duties are not defined correctly. That’s why it is difficult to understand.
- There is no talk of enforcement of duties, which is the main criticism. Because for this reason it has not been implemented well till now.
- Some experts believe that by including it in Part-4A, the value of Fundamental Duties gets reduced following the policy directive principles.
Swaran Singh Committee
This committee was highly important, and no discussion on fundamental duties can be considered complete without referring to this one, irrespective of other provisions.
There was no mention of Fundamental Duties in the original Constitution of India. In 1976, the Indira Gandhi government constituted a committee under the chairmanship of Sardar Swaran Singh.
This committee recommended eight Fundamental Duties, but the government added ten duties.
But three suggestions of these committees were not considered by the government.
- Parliament should be given the power to make laws for the implementation of these duties and to punish for the violation.
- Such a law will be valid even if it violates the fundamental right.
- The duty to pay taxes should also be a fundamental duty of the Indian people.
Conclusion
By the 42nd Amendment Act, 1976, part 4 (a) and Article 51 (a) were added in which ten fundamental duties were mentioned. Because the government was expecting that the citizens of India would fulfil their duties, they included new ones like Defend the country and Promote harmony voluntarily in independent India.
Source:- https://unacademy.com/