Fundamental Duties
1976---42 A.A 10 FD
2002---86TH A.A 1 FD
TAKEN FROM USSR
USA,CANADA,FRANCE,GERMANY,AUSTRAL NONE HAVE LIST OF DUTIES
JAPANESE IS THE ONLY ONE THAT HAS
SOCIALIST COUNTRIES EQUAL IMPORTANCE TO FR AND FD
The 42nd amendment Act 1976 added a new part in the constitution part IVA. It incorporated the fundamental duties by inserting a new article 51A below article 51.
The objective of incorporating the fundamental duties is to place before the country a code of conduct, which the citizens are expected to follow.
The Fundamental duties are as follows:
a. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National
Anthem;(CIVIC DUTY)
b. to cherish and follow the noble ideals which inspired our national struggle for freedom;(MORAL DUTY)
c. to uphold and protect the sovereignty, unity and integrity of India;
d. to defend the country and render national service when called upon to do so;
e. 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;
f. to value and preserve the rich heritage of our composite culture;
g. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
h. to develop the scientific temper, humanism and the spirit of inquiry and reform;
i. to safeguard public property and to abjure violence;
j. 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;
k. 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 and fourteen years. ADDED BY 86 TH A.A IN 2002
Fundamental Duties v/s Directive Principles
The fundamental duties were included in the constitution by the 42nd amendment act 1976. They are inspired by the “Constitution of Japan”. As the directive principles are addressed to the state, the fundamental duties are addressed to the Citizens. The citizens enjoying the fundamental rights must respect the ideals of the constitution, to promote harmony and spirit of the brotherhood.
Swaran Singh Committee(1976)
Sardar Swaran Singh committee was constituted by Indira Gandhi soon after emergency(1975-77) was imposed in the country. The objective of this committee was to study the question of amending the constitution in the light of past experiences and recommend the amendments. The 42nd amendment act which is also called "Mini Constitution" which amended many articles and even the Preamble was a result of the recommendations of Sardar Swaran Singh committee. The 10 fundamental duties were also added as per the recommendations of Sardar Swaran Singh committee.
BUT S.SINGH SUGGESTED 8 FD ONLY
FEW NOT ACCEPTED LIKE PENALTY,PUNISH CANT BE QUESTIONED ON FR, DUTY TO PAY TAX.
VERMA COMMITEE (1999)
IDENTIFIED LEGAL PROVISIONS FOR IMPLEMENTATION OF FD
1. PREVENTION OF INSULTS TO NATIONAL HONOUR ACT(1971)--PREVENTS DISRESPECT OF FLAG, ETC
2.PROTECTION OF CIVIL RIGHTS ACT (1955)--PUNISHMENT FOR OFFENCES RELATED TO CASTE AND RELIGION
3.UNLAWFUL ACTIVITIES PREVENTION ACT (1967)
4.REPRESENTATION OF PEOPLE ACT(1951)---DISQUALIFING M.P M.LA FOR INVOLVING IN CORRUPT PRACTICE
5.WILDLIFE PROTECTION ACT (1972)
6.FOREST CONSERVATION ACT (1980)
SIGNIFICANCE
1. HELPS COURT IN EXAMING CONS VALIDITY
2. ENFORCABLE BY LAW SO PARLI CAN IMPOSE PENALTY
NON JUSTICABLE NO LEGAL SANCTION FO VIOLATION
CRITICISM OF FD
IMPORTANT DUTY NOT COVERED, VAGUE TO UNDERSTAND, SWARAN SINGH SUGGESTED PENALTY BUT IT WAS NOT TAKEN,MUST BE ADDED WITH PART 3 ON PAR WITH FR.
