BALDEV SINGH CHIB
We often talk about rights granted by the Indian Constitution and our much discourse centers on rights. These rights are (i) Natural Rights, (ii) Fundamental Rights, (iii) Constitutional Rights and (iv) Legal Rights. Just the way we enjoy these rights, the society expects the citizens to do certain things which are collectively known as duties.
Fundamental duties are an integral part of the constitutions of countries such as erstwhile USSR and Japan. These duties remind the citizen that apart from enjoying the constitutional rights, he/she also has an obligation towards the state.
Originally, the Constitution of India enforced on 26th January, 1950 did not mention anything about the duties of the citizens. It was expected that citizens of free India would perform their duties willingly but things did not go as expected. Their need and necessity was felt during the internal emergency period from 1975 to 1977. In 1976, the government of India appointed the Sardar Swaran Singh Committee to make recommendations for enacting Fundamental Duties. Upon the recommendations of this committee, these duties were added to the constitution by the 42nd Amendment Act in 1976, upon the recommendations of this committee. Originally 10 in number, one more was added through 86th Constitutional Amendment Act, 2002. These Constitutional Amendments made it explicit that the citizens have not only to enjoy rights but also fulfill some duties. These fundamental duties are:
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 individuals and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement; and
11) To provide opportunities for education by the parent or guardian, to his child, or a ward between the age of 6 and 14 years (This was added by the 86th Amendment Act in 2002).
Whereas, fundamental rights are justiciable, the fundamental duties are non-justicicable. It means that the non- performance of these duties by the citizens is not punishable. These duties are of the nature of a code of conduct. The enjoyment of fundamental rights by the citizens is not dependent on the fulfillment of these fundamental duties. Thus, the fundamental duties are like the directive principles of the constitution. The directive principles lay down some high ideals to be followed by the state. Similarly, the fundamental duties lay down some high ideals to be followed by the citizens. In both cases, violation does not invite any punishment.
Despite some criticisms, the significance of the fundamental duties of Indian constitution lies in their role in fostering a sense of responsibility, patriotism and social cohesion among citizens. The first- five clauses if fulfilled, can bring about revolutionary change in the thinking and the action of people. Overall, they aid in fulfilling a vision of a harmonious and democratic society envisioned by the framers of the constitution. They also teach us to give great regard to women and renouncing all practices derogatory of the dignity of women.
Clause (6) of the fundamental duties speaks of the heritage of composite culture. Indian culture is a treasure of collected gems of experiences and wisdom of ages, gifted by a lot many earlier generations. It is the essence of the distilled experience of so many people, carried over from the past. This teaches the youngsters how they should meet, greet and treat the elders and vice- versa, how one should treat a guest, a neighbor or a friend and how one should respect one’s teacher or a sage. All these things are included in the term ‘culture’.
Clause (7) calls upon the people to improve the natural environment, to have compassion for living beings and to abjure violence. Obviously, these duties enjoin upon all citizens to be clean, kind, cautious and non-violent. Our attitude towards the environment will be of love, care and protection, and not of wanton destruction. Clean environment helps mental concentration, deep contemplation and positive thinking. Feelings and thoughts of nature’s scenic beauty help mental and physical relaxation and energises every cell of our body.
Clause (8) requires the citizens to develop scientific temper, humanism and the spirit of inquiry and reform. It is really a revolutionary clause. If the people develop scientific temper, then blind faith, superstition and out-dated rituals will automatically come to an end. The spirit of inquiry will lead them to eradicate all sought of evil and vice.
Clause (9) emphasizes for safeguarding public property and abjuring violence which contributes to the maintenance of law and order in society. By discouraging destructive behavior and promoting non-violence, these duties create a conducive environment for peaceful co -existence.
Then consider the clause (10) which enjoins upon the citizens to strive towards excellence in all spheres of individual and collective activity and to rise to higher levels of endeavor and achievement. This is known as ‘ Shreshtha Purushartha’ ( the best efforts) here. Furthermore, clause (11) underscores the significance of education in personal and societal development.
In essence, Fundamental Duties are essential for building a responsible, patriot and harmonious society. They guide citizens in their moral and civic obligations, fostering collective ethos that are vital for the sustained progress and well-being of the nation. Fundamental Duties teach Humility, Tolerance, Good will, Trusteeship, Cooperation, Honesty, Sympathy, Compassion, Non-violence and also Respect for elders.
Conclusion
The Fundamental Duties were incorporated as the key to social transformation. A significant portion of India’s population still lives below the poverty line. They are busy with self- sustenance and struggles for basic survival. Neither they are aware of these duties nor have time and inclination for it. For some, it may only be of some academic interest. The elites and the super rich have their own world. The government, on its part, has done very little to make the citizens aware of these duties, thus reducing their value and significance despite knowing that the fundamental duties are key to social transformation. There is need for wide spread awareness, grass root efforts and uniform policy for the proper sensitization and full operationalisation of fundamental duties.
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