Fundamental Duties

Question 1

Fundamental duties

Answer 1

Original constitution only have fundamental rights
It came about in 1976 after the national emergency lasting from 1975 to 77
10 fundamental duties were added
In 2002 another fundamental duty was added according to the 86th constitutional amendment Act
The source of the fundamental duties came from the constitution of USSR

In 1976 the Swarna Singh committee recommended this to be added to the constitution of India.

Declared that the non inclusion of fundamental duties in the constitution was a historical mistake and therefore worked towards change that

Question 2

List of other metal duties according to article 51A

Answer 2

Abide by the constitution and respect its deals (including institutions, national flag, national anthem)
Cherish and follow the noble ideals that inspired the national struggle for freedom
To aap hold and protects 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, linguistic, regional or sectional diversity and to renounce practices derogatory to the dignity of women
To value and preserve the rich heritage of the country
To protect an improves natural environment including forests, lakes, rivers, wildlife
To develop scientific temper, humanism and the spirit of inquiry and reform
To safeguard public property and to abjure violence
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
To promote opportunities for education to one’s child or ward between the ages of 6 to 14 years according to the 86th Constitutional Amendment Act of 2002.

Question 3

Criticism of the fundamental duties

Answer 3

It is not an exhaustive list and should include casting vote, paying taxes, family planning and some duties are vague, ambiguous and difficult to be understood by the common man

It is non-justiciable in character (The Swaran Singh Committee suggested for penalty or punishment for the non-performance of the fundamental rights)
It is described by critics as superfluous
The inclusion of fundamental duties in the part 4 of the constitution has reduced their value and significance
It should have been added to the part 3 to keep them at power with the fundamental rights

Question 4

Significance of the fundamental duties

Answer 4

They serve as a reminder to citizens enjoying their rights that they should be conscious of their duties that they owe to their country, the society and to the fellow citizens

They serve as a warning against the Anti National and anti social activities like burning the national flag, destroying public property and so on

They promote a sense of discipline and commitment among them

They are enforceable by law (the parliament can provide for the imposition of an appropriate penalty or punishment for failure to fulfill any of them)

HR Gokhale, the law minister, gave reason for incorporating the fundamental duties in the constitution of the 26 years of its inauguration

Indira Gandhi believe that the inclusion of fundamental duties would help to strengthen democracy

Question 5

Observations of the Verma committee

Answer 5

Set up in 1999
It looked after the implementation of the fundamental duties
Is created laws for the implementation of the fundamental duties