Fundamental Duties

• Fundamental Duties were not a part of the Constitution as originally adopted. They were included in
1976 by the 42nd Amendment on the recommendation of Sardar Swarn Singh Committee.
• Usually such duties do not form part of a liberal democratic Constitution. They are found generally in the
Socialist Constitution.
• The duties are addressed to the citizens only. These duties are not enforceable by a court.
• Yet they provide a valuable guide and aid for interpretation of the Constitution. The Supreme Court has
held that the duties must be used as a tool to control state action drifting from constitutional values

What was the need for inclusion of Fundamental Duties?

• Their inclusion in the Constitution is associated with cultural traditions of a society.

• Reference to duties, however, finds place in international covenants. The rights must be coincided with
duties. The Constitution and its scheme envisage responsible citizens.
• They also have legal value in the sense that any law that implements fundamental duties cannot be
invalid on the ground of conflict with the fundamental rights unless such a conflict is irreconcilable.
The rights must be reconciled with duties.
• Like DPSPs, FDs are also non-justifiable
• They are confined to citizens only and do not extend to foreigners
• There is no legal sanction against their violation. However, the parliament is free to enforce them by
suitable legislation

Fundamental Duties
It shall be the duty of every citizen of India —

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National
Anthem;
2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
3. To uphold and protect the sovereignty, unity and integrity of India;
4. To defend the country and render national service when called upon to do so;
5. To promote harmony and the 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;
6. To value and preserve the rich heritage of our composite culture;
7. To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have
compassion for living creatures;
8. To develop the scientific temper, humanism and the spirit of inquiry and reform;
9. To safeguard public property and to abjure violence;
10. 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;
11. 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 to fourteen years

REPORT OF THE NATIONAL COMMISSION TO REVIEW THE WORKING OF THE CONSTITUTION, 2002
(QUOTED VERBATIM)

• The Commission fully endorses the other recommendations of the Justice Verma Committee on
operationalisation of Fundamental Duties of Citizens and strongly suggests their early implementation.
• The Commission recommended that the following should be incorporated as Fundamental Duties in
Article 51A of the Constitution –
• " To foster a spirit of family values and responsible parenthood in the matter of education, physical and
moral well-being of children.
• " Duty of industrial organizations to provide education to children of their employees.

VERMA COMMITTEE OBSERVATIONS

The Verma Committee on Fundamental Duties of the Citizens (1999) identified the existence of legal
provisions for the implementation of some of the Fundamental Duties. They are mentioned below:

1. The Prevention of Insults to National Honour Act (1971) prevents disrespect to the Constitution of India,
the National Flag and the National Anthem.
2. The various criminal laws in force provide for punishments for encouraging enmity between different
sections of people on grounds of language, race, place of birth, religion and so on.
3. The Protection of Civil Rights Act (1955) provides for punishments for offences related to caste and
religion.
4. The Indian Penal Code (IPC) declares the imputations and assertions prejudicial to national integration as
punishable offences.
5. The Unlawful Activities (Prevention) Act of 1967 provides for the declaration of a communal organisation
as an unlawful association.
6. The Representation of People Act (1951) provides for the disqualification of members of the Parliament
or a state legislature for indulging in corrupt practice, that is, soliciting votes on the ground of religion or
promoting enmity between different sections of people on grounds of caste, race, language, religion and so
on.
7. The Wildlife (Protection) Act of 1972 prohibits trade in rare and endangered species.
8. The Forest (Conservation) Act of 1980 checks indiscriminate deforestation and diversion of forest land for
non forest purposes.

CRITICISM OF FUNDAMENTAL DUTIES

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticised on the following
grounds:

• 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. In fact, duty to pay taxes was recommended by the Swaran Singh
Committee.
• Some of the duties are vague, ambiguous and difficult to be understood by the common man. For
example, different interpretations can be given to the phrases like ‘noble ideals’, ‘composite culture’,
‘scientific temper’ and so on.
• They have been described by the critics as a code of moral precepts due to their non-justiciable
character. Interestingly, the Swaran Singh Committee had suggested for penalty or punishment for the
non-performance of Fundamental Duties.
• Their inclusion in the Constitution was described by the critics as superfluous. This is because the duties
included in the Constitution as fundamental would be performed by the people even though they were
not incorporated in the Constitution.
• The critics said that the inclusion of fundamental duties as an appendage to Part IV of the Constitution
has reduced their value and significance. They should have been added after Part III so as to keep them
on par with Fundamental Rights.
5th Schedule and 6th Schedule Areas
• Article 244 in Part X of the Constitution envisages a special system of administration for certain areas
designated as ‘scheduled areas’ and ‘tribal areas’. The Fifth Schedule of the Constitution deals with the
administration and control of scheduled areas and scheduled tribes in any state except the four states
of Assam, Meghalaya, Tripura and Mizoram.
• The Sixth Schedule of the Constitution, on the other hand, deals with the administration of the tribal
areas in the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram.
ADMINISTRATION OF SCHEDULED AREAS
‘The scheduled areas are treated differently from the other areas in the country because they are inhabited
by ‘aboriginals’ who are socially and economically rather backward, and special efforts need to be made to
improve their condition. Therefore, the whole of the normal administrative machinery operating in a state
is not extended to the scheduled areas and the Central government has somewhat greater responsibility for
these areas.
The various features of administration contained in the Fifth Schedule are as follows:

• Declaration of Scheduled Areas: The president is empowered to declare an area to be a scheduled area.
He can also increase or decrease its area, alter its boundary lines, rescind such designation or make
fresh orders for such redesignation on an area in consultation with the governor of the state
concerned.

• Executive Power of State and Centre: The executive power of a state extends to the scheduled areas
therein. But the governor has a special responsibility regarding such areas. He has to submit a report to
the president regarding the administration of such areas, annually or whenever so required by the
president. The executive power of the Centre extends to giving directions to the states regarding the
administration of such areas.

• Tribes Advisory Council: Each state having scheduled areas has to establish a tribes advisory council to
advise on welfare and advancement of the scheduled tribes. It is to consist of 20 members, three-fourths
of whom are to be the representatives of the scheduled tribes in the state legislative assembly. A
similar council can also be established in a state having scheduled tribes but not scheduled areas therein,
if the president so directs.

• Law applicable to Scheduled Areas: The governor is empowered to direct that any particular act of
Parliament or the state legislature does not apply to a scheduled area or apply with specified
modifications and exceptions.

• He can also make regulations for the peace and good government of a scheduled area after consulting
the tribes advisory council. Such regulations may prohibit or restrict the transfer of land by or among
members of the scheduled tribes, regulate the allotment of land to members of the scheduled tribes
and regulate the business of money-lending in relation to the scheduled tribes.

• Also, a regulation may repeal or amend any act of Parliament or the state legislature, which is
applicable to a scheduled area. But, all such regulations require the assent of the president.
• The Constitution requires the president to appoint a commission to report on the administration of the
scheduled areas and the welfare of the scheduled tribes in the states. He can appoint such a commission
at any time but compulsorily after ten years of the commencement of the Constitution.

ADMINISTRATION OF TRIBAL AREAS

The Constitution, under Sixth Schedule, contains special provisions for the administration of tribal areas in
the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram. The rationality behind the special
arrangements in respect of only these four states lies in the following: “The tribes in Assam, Meghalaya,
Tripura and Mizoram have not assimilated much the life and ways of the other people in these states. These
areas have hitherto been anthropological specimens. The tribal people in other parts of India have more or
less adopted the culture of the majority of the people in whose midst they live. The tribes in Assam,
Meghalaya, Tripura and Mizoram, on the other hand, still have their roots in their own culture, customs and
civilization. These areas are, therefore, treated differently by the Constitution and sizeable amount of
autonomy has been given to these people for self-government”.

The various features of administration contained in the Sixth Schedule are as follows:

• The tribal areas in the four states of Assam, Meghalaya, Tripura and Mizoram have been constituted as
autonomous districts. But, they do not fall outside the executive authority of the state concerned.

• The governor is empowered to organise and re-organise the autonomous districts. Thus, he can
increase or decrease their areas or change their names or define their boundaries and so on.

• If there are different tribes in an autonomous district, the governor can divide the district into several
autonomous regions.

• Each autonomous district has a district council consisting of 30 members, of whom four are nominated
by the governor and the remaining 26 are elected on the basis of adult franchise. The elected members
hold office for a term of five years (unless the council is dissolved earlier) and nominated members hold
office during the pleasure of the governor. Each autonomous region also has a separate regional
council.

• The district and regional councils administer the areas under their jurisdiction. They can make laws on
certain specified matters like land, forests, canal water, shifting cultivation, village administration,
inheritance of property, marriage and divorce, social customs and so on. But all such laws require the
assent of the governor.

• The district and regional councils within their territorial jurisdictions can constitute village councils or
courts for trial of suits and cases between the tribes. They hear appeals from them. The jurisdiction of
high court over these suits and cases is specified by the governor.
• The district council can establish, construct or manage primary schools, dispensaries, markets, ferries,
fisheries, roads and so on in the district. It can also make regulations for the control of money lending
and trading by non-tribals. But, such regulations require the assent of the governor.

• The district and regional councils are empowered to assess and collect land revenue and to impose
certain specified taxes.

• The acts of Parliament or the state legislature do not apply to autonomous districts and autonomous
regions or apply with specified modifications and exceptions.

• The governor can appoint a commission to examine and report on any matter relating to the
administration of the autonomous districts or regions. He may dissolve a district or regional council on
the recommendation of the commission.