FUNDAMENTAL DUTIES

You have read that rights and duties are closely related. These in fact are considered two sides of
the same coin. Gandhi, in particular, on the basis of his belief that every human being was
dependent on other human beings, argued that rights flow from duty towards others. He went to
the extent of observing that the right to perform one’s duties is the only right that is worth living
for and dying for it. It covers all legitimate rights. The framers of the Constitution perhaps
thought that the duties of citizens were implied in their being citizens and to some extent, in the
restrictions contained on rights in the chapter on Fundamental Rights. In 1975 a committee, under
the chairmanship of Swaran Singh to suggest comprehensive changes in the Constitution for
better governance of State and welfare of the masses, recommended the inclusion of Fundamental
Duties in the Constitution. On the basis of these recommendations through 42nd Amendment,
Section 51A of the Constitution in 1976, a new Section Part IV A on Fundamental Duties, has
been added in the Constitution.

This Article prescribes the following duties for every citizen of India:
(a) To abide by the Constitution and respect the National Flag and National Anthem;
(b) To cherish and follow the noble ideas, which inspired our national freedom struggle;
(c) To protect sovereignty, unity and integrity of India;
(d) To defend the country;
(e) To promote the spirit of common brotherhood amongst the people of India transcending
 religious, linguistic, regional, or sectional diversities and laws to renounce practices
derogatory to women;

(f) To preserve the rich heritage of our composite culture;
(g) To protect and improve the natural environment;
(h) To develop the scientific temper and spirit of enquiry;
(i) To safeguard public property;
(j) To strive towards excellence in all spheres of individual and collective activity; and
(k) As a parent or guardian to provide opportunities for education to child or ward between the
age of six and fourteen years. (This duty was included in Article 51A in 2002 through 86th
Amendment of the Constitution as a provision for right to education).

The above-mentioned duties, just like Directive Principles of State Policy, are notjusticeable, that
is, not enforceable by courts. The Fundamental Duties are in the natureof instructions to citizens.
As in the case of Directive Principles, these duties, being partof the Constitution, cannot be
ignored. Therefore, while interpreting laws or delivering judgements on concerned issues, the
judiciary is expected to keep these duties in view.