Model Answer
0 min readIntroduction
The Indian Constitution, initially focused on fundamental rights, later incorporated Fundamental Duties to emphasize the reciprocal obligations of citizens towards the nation. These duties, though not legally enforceable, are intended to foster a sense of responsibility and contribute to the overall well-being of the country. The introduction of Fundamental Duties was a significant amendment, reflecting a shift in constitutional philosophy. This incorporation occurred through the 42nd Constitutional Amendment Act, 1976, prompted by a perceived erosion of civic values and a need to balance individual rights with social responsibilities.
List of Fundamental Duties
- To respect the National Flag and National Anthem.
- To cherish and follow the noble ideals which inspired our national struggle for freedom.
- To uphold and protect the sovereignty, unity and integrity of India.
- To defend the country and render national service when called upon to do so.
- To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, racial, linguistic and sectional distinctions.
- To renounce practices derogatory to dignity of women.
- To protect and improve our natural environment, including forests, lakes, rivers and wildlife.
- To develop scientific temper, humanism and the spirit of inquiry and reform.
- To safeguard public property and to abjure violence.
- To value and preserve the rich heritage of our composite culture.
- To have a sense of responsibility towards the environment.
Rationale Behind the Incorporation of Fundamental Duties
The inclusion of Fundamental Duties in the Indian Constitution wasn't a sudden decision but a culmination of years of debate and evolving constitutional thought. The initial Constitution prioritized individual rights, but concerns arose about citizens neglecting their responsibilities, leading to societal issues and hindering national development.
The Swaran Singh Committee
The primary impetus for incorporating Fundamental Duties came from the recommendations of the Swaran Singh Committee, officially known as the Committee for Review of Fundamental Duties, constituted in 1971. This committee was tasked with examining the need for Fundamental Duties and suggesting their incorporation into the Constitution. The committee recognized that while fundamental rights are essential, they must be balanced with corresponding duties. The committee’s report highlighted the decline in civic consciousness and the need to instill a sense of responsibility among citizens.
The 42nd Amendment Act, 1976
The 42nd Amendment Act, 1976, introduced Part IVA containing the Fundamental Duties. This amendment was part of a broader package of changes intended to strengthen the Constitution and address perceived social and economic inequalities. The amendment was highly controversial, with critics arguing it concentrated too much power in the hands of the government and diluted fundamental rights.
Reasons for Incorporation: A Deeper Look
- Counterbalancing Fundamental Rights: To create a balance between individual freedoms and societal obligations.
- Promoting Civic Virtue: To encourage citizens to be more responsible and contribute to national development.
- Addressing Social Decay: To combat rising indiscipline, corruption, and a lack of social responsibility.
- Inspired by International Examples: The concept of Fundamental Duties was influenced by the constitutions of Japan and West Germany, which incorporated similar provisions post-World War II to promote civic responsibility.
- National Integration: To foster a sense of unity and shared responsibility among citizens, especially in a diverse nation like India.
Legal Status of Fundamental Duties
It’s crucial to note that Fundamental Duties are non-justiciable. This means they are not directly enforceable by courts. However, they are considered to be moral obligations that citizens should fulfill. Courts often refer to Fundamental Duties while interpreting fundamental rights, suggesting they influence the exercise of those rights.
| Aspect | Details |
|---|---|
| Justiciability | Non-justiciable - Not directly enforceable by courts. |
| Enforcement | Primarily through social pressure and moral obligation. |
| Influence on Rights | Courts consider them when interpreting Fundamental Rights. |
Conclusion
The incorporation of Fundamental Duties through the 42nd Amendment Act, 1976, marked a significant shift in the Indian Constitution's approach to citizenship. While initially controversial, these duties aim to foster civic responsibility and complement fundamental rights. Although non-justiciable, their importance lies in promoting a sense of national identity, social cohesion, and a commitment to the well-being of the nation. The ongoing challenge lies in effectively instilling these duties within the citizenry and ensuring they translate into tangible actions.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.