Fundamental Duties Flashcards

1
Q

Part and articles related to fundamental duties

A

Part - IV A
Article - 51A ( 51A(a)-51A(k) )

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2
Q

Added to the constitution bye which amendment?

A

First 10 were added by 42nd CAA
11th was Added by 86th CAA,2002

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3
Q

Inspired from?

A

Erstwhile USSR

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4
Q

What are FD?

A

Rights and duties are correlative and inseparable. The condition of duty of one individual becomes the condition of the right of others in the society.

None of the major democratic countries have duties in their constitution except Japan

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5
Q

Based on recommendations of which committee?

A

Swaran Singh committee

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6
Q

Reason behind the suggestion of committee

A

It stressed that citizen should be conscious that in addition to enjoyment of rights, they also have a certain duties to perform ➡️ helps securing a balance between individual freedom and larger public interest

Duty to pay taxes was rejected

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7
Q

Mnemonics to memorize FD

A

FSS DH
HES PE
E

F ➡️ FLAG
S ➡️ national struggle
S ➡️ sovereignty
D➡️ defence
H➡️ Harmony
H➡️ heritage
E ➡️ environment
S ➡️ scientific temper and spirit if enquiry
P ➡️ public property
E ➡️ excellence
E ➡️ education

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8
Q

Features of fundamental duties?

A
  1. Some are moral duties like noble ideas if freedom struggle and uphold and protect the sovereignty while some are civic Duties like respect constitution, national flag and national anthem
  2. Non justiciable and not legally enforceable but can be enforced by suitable legislation
  3. Contains a codification of tasks integral to India way of life which places a lot of emphasis on the concept of DHARMA
  4. Applies only to citizens and not ro foreigners
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9
Q

Criticism of fundamental duties?

A
  1. Not exhaustive ➡️ does not cover important duties like casting vote, paying taxes etc
  2. Are vague, ambiguous and difficult to understand by common man
  3. Non justiciability
  4. Should have been added after part III to keep it at par with FR
  5. Some of the duties are moral in nature and there is no concrete expectations from the citizens and hence are difficult to enforce by laws. Eg - uphold and protect the sovereignty ( civic duties which gives concrete idea of the expectations from the citizens are easier to be enforced through law eg - to respect the national flag and it is codified through flag code)
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10
Q

Significance of the fundamental duties

A
  1. Serve as a reminder to the citizens
  2. Serve as a warning against anti national and anti socialist activities like burning flag
  3. Serve as a source of inspiration and a sense of discipline among citizens
  4. Citizens become aware that they are active participants and not mere spectators
  5. Helps courts in examining and determining the constitutional validity of law
  6. Can be enforced through law
  7. With every right comes a corresponding duty. As citizens we have a right to practice our religion freely that also means it is our duty to respect the belief of other as well
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11
Q

Other recommendations for fundamental duties

A
  1. Justice verma committee,1999➡️ recommended duty to vote at election, actively participate in democratic governance and to pay taxes
  2. Constitution of japan - duty to educate children
  3. USSR - maintenance of the parents in old age
    4..duty to keep surrounding clean ( swacch bharat)
  4. Help the victims of accident ( good Samaritan law)
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