CONSTITUTION OF INDIA - FUNDAMENTAL DUTIES

 The fundamental duties must be complementary to the
fundamental rights.

 Article 21 of the Indian Constitution provides for
Right to education and Article 51A(k) provides that all
parents and guardians must provide their children with
free and compulsory education at the age of 6-14
years.

 But in today’s time people only want their rights and
don’t want to perform their duties.

FUNDAMENTAL DUITIES - COMMITTEES

SWARAN SINGH COMMITTEE
In 1976 the congress party set up the Swaran Singh Committee to make
recommendations about fundamental duties
The need and necessity of fundamental duties was felt during the operation of internal
emergency (1975 – 1977)
Indira Ganthi constituted a committee under the chairmanship of Swaran Singh
entrusted with the duty to study the constitution of India after the national
emergency
Swaran Singh Committee consisted of 12 members
Committee recommended to include Fundamental duties as a separate
chapter in the constitution

The committee also stressed the need of fundamental duties that the citizens have to perform
along with enjoying fundamental rights
Actually this committee only recommended 8 fundamental duties in the constitution, the 42Nd
Constitutional Amendment Act (1976) included 10 fundamental duties

Certain recommendations of the committee were not accepted by the congress party

The provision to impose penalty or punishment for non compliance of fundamental duties
The law by which a person is punished can’t be taken to the court of law as a matter of violation
of certain Fundamental right
Duty to pay taxes should also be a Fundamental Duty of the citizens

JUSTICE VERMA COMMITTEE

 JusticeVerma Committee was constituted in 1998 to plan a strategy and to work out for
a methodology for operationalizing a countrywide programme for teaching fundamental
Duties in every educational institution
‘Committee to Operationalize Suggestions to Teach Fundamental Duties to
the Citizens of India’
 Jagdish Sharan Verma was the chairman of this committee
TheVerma Committee was conscious of the fact that any non operationalization of
Fundamental Duties should not be due to the lack of concern or non availability of legal
provisions

It, therefore, It listed out appropriate legal provisions which was already available in regard
to enforcement of Fundamental Duties.
1. Prevention of Insults to National honour Act (1971)
2. Protection of Civil Rights Act (1955)
3. Indian Penal Code ( IPC)
4. Unlawful Activities Prevention Act (1967)
5. Representation of people Act (1951)
6. Worldlife protection Act (1972)
7. Forest Conservation Act (1980)
 The committee also recommended that “duty to vote at elections, actively participate in

the democratic governance and to pay taxes should be included in Article 51-A (1999)

RELATIONSHIP BETWEEN FUNDAMENTAL

RIGHTS,DIRECTIVE PRINCIPLES AND

FUNDAMENTAL DUTIES

FUNDAMENTAL RIGHTS DIRECTIVE PRINCIPLES FUNDAMENTAL DUTIES

It is Basic Human Rights. Directions that a State is It is citizen’s moral
They apply to all persons given by its provisions in
irrespective of gender, the constitution for the obligations to help to
caste, birth,religion establishment of social and uphold India’s unity
economic democracy

They are provided in the Part IV(Arts 36 to 51) of Incorporated in Part IV-A
Chapter III of Constitution the Constitution of India of constitution by 42nd
contain Directive Constitutional Amendment
Principles of State Policy Act

The need for Fundamental The need for Directive The need of Fundamental
Rights is to provide
equality and protect the Principle is for the ‘Welfare Duties is promotion of a
citizen from exploitation of the State’ and to
sense of discipline and

promote prosperity and commitment towards the

well being of the people in nation by the active

the state participation of citizens

FUNDAMENTAL RIGHTS DIRECTIVE PRINCIPLES FUNDAMENTAL DUTIES
Fundamental Rights are Directive principles are Fundamental Duties non-
enforced in the court not enforced in the court. justiciable in nature and is
They are implemented by not enforced in court.
The fundamental the legislature
rights are protected by the State should create, frame It is just a remainder and
judiciary of India and in and pass laws according to mere obligation to
case of their violation, a the constituent assembly the citizens to follow the
person can approach the principles Fundamental Duties while
Supreme court directly for enjoying Fundamental
justice Borrowed idea from Irish rights
Borrowed idea from constitution
Germany Borrowed idea from USSR

Criticism of Fundamental Duties

The list of duties is not exhaustive as it does not cover other important duties like
casting vote, paying taxes, family planning and so on. It was recommended by the
Swaran Singh Committee.

 Some of the duties are vague, ambiguous and difficult to be understood by the
common man.

 The swaran singh committee had suggested for penalty for the non-performance
of fundamental duties

Inclusion in the constitution was described by the critics as
superfluous

 The critics said that the inclusion of fundamental duties
as an appendage to part Ⅳ of the constitution has reduced their
Value and significance.

Important Directive Principles of
State policy

DEFINITION:
They are the principles that aim at providing social and economic justice and set the

path towards the welfare state.

ARTICLE 38:
Promote the welfare of the people by securing a social order through justice—social,
economic and political—and to minimise inequalities in income, status, facilities and
opportunities

ARTICLE 39:
•Secure citizens:
•Prevention of concentration of wealth and means of production
•Equal pay for equal work for men and women
•Preservation of the health and strength of workers and children against forcible abuse
ARTICLE 39-A:

Promote equal justice and free legal aid to the poor The benchmark mandate
ARTICLE 41:

• In cases of unemployment, old age, sickness and disablement, secure citizens:
• Right to work
• Right to education
• Right to public assistance.

ARTICLE 42:
Make provision for just and humane conditions of work and maternity relief.
ARTICLE 43:
Secure a living wage, a decent standard of living and social and cultural opportunities for

all workers
ARTICLE 43-A:
Take steps to secure the participation of workers in the management of industries
ARTICLE 47:
Raise the level of nutrition and the standard of living of people and to improve public

health

DPSP- Gandhian Priniples

ARTICLE 40

Organise village panchayats and endow them with necessary powers and
authority to enable them to function as units of self-government

ARTICLE 43

Promote cottage industries on an individual or co-operation basis in rural
areas

ARTICLE 43B

Promote voluntary formation, autonomous functioning, democratic
control and professional management of co-operative societies

DPSP- Gandhian Principles

ARTICLE 46
Promote the educational and economic interests of SCs, STs, and other weaker
sections of the society and to protect them from social injustice and exploitation

ARTICLE 47
Prohibit the consumption of intoxicating drinks and drugs which are injurious to

ARTICLE 48
Prohibit the slaughter of cows, calves and other milch and draught cattle and to

improve their breeds



CONCLUSION

• India is a country where people belonging to different castes, creed, religion, sects etc.
A live together and in order a to maintain harmony fundamental duties plays an important
rule.

• Fundamental duties are an important aspect of a democratic state.
• Many of these duties are now incorporated as separate law and are not enforceable by the

law, but that doesn’t diminish the value of these duties mentioned in Article 51.
• It is not only the duty of the government to provide everything in the Constitution, it is the

people who should also be conscious about their role in the society.

• The Fundamental Duties are laid down to draw the attention of
the citizens towards the duties they owe towards their
Motherland.

• It clearly elaborates the thoughts of John .F. Kennedy ",
Do not ask what the country can do for you, but ask what you

can do for the country".