FUNDAMENTAL DUTIES (Part IVA consists of Article 51A)
It was added by 42nd Amendment Act, 1976, based on the recommendations of Swaran
Singh committee. Fundamental Duties for citizens are in nature of a code of conduct. These
fundamental duties are inspired by the Constitution of the former Soviet Union. It is the
Constitutional sanction being given to the Indian way of life. Since, the Fundamental Dutiesare included in Part IV of the Constitution, these cannot come into force automatically, and
neither can these duties be enforced by judicial process. The Constitution does not make any
provision to enforce these duties automatically or any sanction to prevent the violation of these
duties by the citizens. However, it is expected that if a law is enacted by the legislature to
enforce these provisions, it shall not be declared unconstitutional on the ground of its
inconsistency with the provisions of Article 14 or that of 19. In the year 2000, the Government
of India set up a National Committee to review the working of the Constitution. It was headed
by former Chief Justice of India M. N. Venkatachalaiah. The committee submitted its report in
2002. The committee recommended the government to take active steps to increase awareness
of Fundamental Duties among citizens. It also stated that the list of duties is not exhaustive. It
said that duties like duty to vote, pay taxes etc. could be added.
Fundamental duties are a significant feature of Indian constitution. These duties are
incorporated in the constitution of Erstwhile USSR. They were not included at a place in our
constitution in the beginning. However, Sriman Narayan Agarwal in his„ Gandhian
constitution for free India‟ (1946) cited some fundamental duties. After considering the
Universal declaration of Human Rights (1948) and Soviet model of Fundamental duties, the
Central government appointed Sardar Swaransingh committee (1976) for incorporating the
fundamental duties in our constitution. The committee suggested for the inclusion of 8
fundamental duties. Accordingly, the Party in power introduced 42nd constitutional
amendment bill, 1976 in the Parliament and added ten fundamental duties. They were included
in article 51-A under part – IV A our constitution. Later, one more duty was added to the list
through the constitution 86th amendment act, 2002. At present, the Indian citizens are endowed
with 11 fundamental duties. According to article 51 (A) of the Indian constitution, they are;
51A DUTIES 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 and wild
life, 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. To provide opportunities for education to his child or, as the case may be, ward between
the age of six and fourteen years. Note—(k) was added by the 86th Constitution
amendment Act, 2002.
DIRECTIVE PRINCIPLES OF STATE POLICY
Part IV of Indian Constitution deals with Directive Principles of our State Policy (DPSP).
The provisions contained in this Part cannot be enforced by any court, but these principles
are fundamental in the governance of the country and it shall be the duty of the State to
apply these principles in making laws. The concept of Directive Principles of State Policy
was borrowed from the Irish Constitution. While most of the Fundamental Rights are
negative obligations on the state, DPSPs are positive obligations on the state, though not
enforceable in a court of law.
Article 36: Definition
Article 37: Application of the principles contained in this Part
Article 38: State to secure a social order for the promotion of the welfare of the people
Article 39: Certain principles of policy to be followed by the State
Article 39A: Equal justice and free legal aid
Article 40: Organization of Village Panchayats
Article 41: Right to work, to education and to public assistance in certain cases
Article 42: Provision for just and humane conditions of work and maternity relief
Article 43: Living wage, etc., for workers
Article 43A: Participation of workers in management of industries
Article 44: Uniform civil code for the citizen Article
45: Provision for free and compulsory education for children
Article 46: Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections
Article 47: Duty of the State to raise the level of nutrition and the standard of living and to
improve public health
Article 48: Organization of agriculture and animal husbandry
Article 48A: Protection and improvement of environment and safeguarding of forests and
wildlife
Article 49: Protection of monuments and places and objects of national importance
Article 50: Separation of judiciary from the executive
Article 51: Promotion of international peace and security
Classification of the Directive Principles
The Constitution does not contain any classification of Directive Principles. However, on
the basis of their content and direction, they can be classified into three broad categories,
via, i. socialistic, ii. Gandhian and iii. Economic Principles (Liberal or intellectual).
Socialistic Principles These principles reflect the ideology of socialism. They lay down the
framework of a democratic socialist state, aim at providing social and economic justice,
and set the path towards welfare state.
They direct the state:
1. To promote the welfare of the people by securing a social order permeated by justice—
social, economic and political—and to minimize inequalities in income, status, facilitiesand
opportunities (Article 38).
2. To secure (a) the right to adequate means of livelihood for all citizens; (b) the equitable
distribution of material resources of the community for the common good; (c) prevention
of concentration of wealth and means of production; (d) equal pay for equal work for men
and women; (e) preservation of the health and strength of workers and children against
forcible abuse; and (f) opportunities for healthy development of children5 (Article 39).
3. To promote equal justice and to provide free legal aid to the poor (Article 39 A)
4. To secure the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement (Article 41).
5. To make provision for just and humane conditions for work and maternity relief (Article
42)
6. To secure a living wage, a decent standard of life and social and cultural opportunities
for all workers (Article 43)
7. To take steps to secure the participation of workers in the management of industries
(Article 43 A)
8. To raise the level of nutrition and the standard of living of people and to improve public
health (Article 47)
Gandhian Principles
These socialistic 9 principles are based on Gandhian ideology. They represent the
programmer of reconstruction enunciated by Gandhi during the national movement. In order
to fulfill the dreams of Gandhi, some of his ideas were included as Directive Principles. They
require the State:
1. To organize village panchayats and endow them with necessary powers and authority to
enable them to function as units of self-government (Article 40)
2. To promote cottage industries on an individual or co-operation basis in rural areas (Article
43)
3. To promote voluntary formation, autonomous functioning, democratic control and
professional management of co-operative societies (Article 43B)
4. To 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 46)
5. To prohibit the consumption of intoxicating drinks and drugs which are injurious to health
(Article 47)
6. To prohibit the slaughter of cows, calves and other milk and draught cattle and to improve
their breeds (Article 48)
Economic Principles
The State is expected to formulate its policy with the following objectives:
1. To minimize the inequalities of income of the people
2. To secure adequate means of livelihood to all citizens
3. To provide equal pay for equal work
4. To protect strength and health of workers and avoiding circumstances which force citizens
to enter avocations to their age or strength.
5. To provide opportunities to the needy poor to get free legal aid
6. To secure the right to work to all
7. To provide public assistance in cases of unemployment, old age and sick
8. To provide a living wage and a decent standard of life
9. To prevent concentration of wealth in the hands of a few
10. To provide within ten years from the commencement of the constitution, free compulsory
education to all children up to the age of 14 years of age.
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