Fundamental Duties: Promoting Accountability in Excersice of Rights

The Unforeseen Consequences of Having Too Many Rights

When our Constitution was originally drafted, our forefathers did not initially establish a list of responsibilities. Having been under the British for as long as they had and always having to hold up their end, they really felt we would simply naturally do our share once we were free.

But we’ve seen a shift. People have begun misusing their rights to serve their agendas, at their will, conveniently skipping their responsibilities in the bargain. We’ve all begun to neglect our responsibilities to one another, to our nation, and to society at large. Our rights according to the Indian Constitution have expanded so much so that, in today’s age and time, our present responsibilities simply cannot keep up. The political atmosphere has also shifted, and there cannot be a government that wishes to upset the applecart by calling people to sacrifice rights they’ve become used to. It’s like we’ve become so used to these far-reaching rights that the very idea of doing our responsibilities seems like a chore.

Bringing Duties into the Constitution: A Necessary Amendment

The problem of abused and misused rights grew so big that it became clear the original assumption of the constitutional founders—that citizens would perform their duty without a law to say so—had not worked. It became clear that some duties needed explicitly to be placed in the Constitution.

To achieve this, the Citizenship Development Society prepared a consultation paper titled “Effectuation of Fundamental Duties” to seek the views of the people, and the commission considered all the suggestions. The Government of India established a committee, chaired by Justice J.S. Verma, to prepare some duties for Indian citizens to protect the state and maintain law and order. This committee presented its report in October 1999. As the Verma Committee’s task was so thorough, there is no necessity to explain those very matters; its report is accepted in full.

Therefore, following the Justice J.S. Verma Committee report, the then government of Mrs. Indira Gandhi incorporated ten Fundamental Duties under Article 51A (Part IVA) of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976, at the very time of proclamation of emergency in the country. Yet, one more fundamental duty was incorporated in 2002 by the 86th Constitutional Amendment Act. Interestingly enough, this notion of fundamental duties was adopted from the USSR, and apart from the Japanese Constitution, it is difficult to find other countries that have such a notion in their constitutions.

The Reason behind Fundamental Duties

Basic duties are essentially the moral responsibilities of all the citizens. Their basic role is to create a sense of patriotism and to promote the unity of India.

• A Reminder of Friendship: The Basic Duties is a precious reminder that though we could indulge our rights, we should never forget the duties that we owe to our country, to our people, and to our fellow citizens.
  
  
• A Guide: They are a norm or a tacit warning, informing individuals not to behave against the country or perform any type of harmful social action, such as burning flags or vandalizing public property. That’s why fundamental duties are also civic and moral responsibilities.
  
  
• Encouraging Participation: These duties instill a sense of duty and discipline in the citizens. They make the citizens understand that they are not passive recipients of government choices but also contributing individuals towards national goals.
  
  
• A Legal Compass: Fundamental duties also play a part in the manner in which courts determine whether a law is constitutional. In 1992, the Supreme Court ruled that when a court is determining whether a law is constitutional, if it finds that the law seeks to give effect to a fundamental duty, it can declare such a law ‘reasonable’ under Article 14 (equality before law) or Article 19 (six freedoms) and thus save the law from being struck down as unconstitutional. This shows that fundamental duties have become an important compass for courts to determine their decisions.
• Not Enforceable Directly (But Potentially Could Be): Fundamental duties are not enforceable, directly under the Indian Constitution, at the moment because the policy makers have not made them enforceable. They can be enforceable, however, if Parliament made it compulsory to incur certain penalties or punishments for failing to perform any one of them, or if Parliament enacted a standalone law for enforcing them.

Moving Forward: Making Duties Count

Constitutional provisions these days are far more significant than they used to be, primarily because most of them are presently, in fact, enforceable. This is due primarily to efforts by the legislature and the judiciary.

• The Legislature’s Role
  
  Parliament has played an important role in providing teeth to Fundamental Duties. Although these duties cannot be enforced directly under the Constitution, they are if certain laws are enacted. Parliament has thus enacted several acts and laws that enforce these duties and even mandate punishment for the violations of these duties on the part of the public.
  
  The Verma Committee itself, in its 1998 report on Fundamental Duties, had recommended imposition of penalty for default. It emphasized that unless there is some punishment, the people will not follow these duties. While this recommendation was not acted upon when the duties were originally added to the Constitution, later legislative enactments have adhered to this.
  
  Here are a couple of examples:
  
  The Representation of the People Act, 1951: This act makes provision for the disqualification of any member of the Indian Parliament or state legislatures if they are convicted of corrupt practices.
  
  The Unlawful Activities (Prevention) Act, 1967: This act prohibits organizations that are liable for creating instability or engaging in illicit activities in the country, directly supporting sub-clauses (a), (c), and (d) of Article 51A, which are related to developing and protecting the sovereignty and integrity of the country.
  
  The Protection of Civil Rights Act, 1955, and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: These legislations state that the perpetrators of spreading and practicing untouchability are punished, thereby protecting and upholding sub-clause (e) of Article 51A, which is against discrimination.
  
  The Wildlife (Protection) Act, 1972: This act protects and preserves rare plants, birds, and animals directly associated with sub-clause (g) of Article 51A, which mentions that the citizens must protect the forests.
  
  The Prevention of Insults to National Honor Act, 1971: The act forbids disrespect and insult to the national anthem, flag, and Constitution and protects national symbols, thus making the sub-clauses (b) and (c) of Article 51A mandatory.
  
  Forest (Conservation) Act, 1980: The act prohibits the felling of natural forests in to, observing their large-scale degradation, and also their diversion to any other purpose, further strengthening sub-clause (g).
• The Judiciary’s Role
  
  Our judiciary has indeed gone ahead and balanced rights and obligations, making sure that both are maintained in each case. The courts have strengthened the significance and enforceability of obligations through different judgments over time.

In Re Ramlila Maidan v. Home Secretary: the court ruled that an eviction was unreasonable as the public had not been given sufficient notice. It further ruled that although citizens have fundamental rights, they also have a fundamental obligation of obedience to lawful order and assistance towards maintaining public order and peace to the best of their abilities.

AIIMS Students’ Union v. AIIMS: The Supreme Court observed that fundamental duties do not put any obligations on the state, but the burden of all Indian citizens in general is the burden of the state. It also clarified that although the Fundamental Duties cannot be enforced by writ petitions, they are a valuable source of reference and inspiration for the courts while interpreting the Constitution or any law.

Bibliography

• Fundamental Duties| Fundamental Rights and Duties UPSC CSE, Chahal Academy – UPSC Civil Services Coaching in India| IAS/IPS Coaching Institute in India, https://chahalacademy.com/fundamental-duties (last visited June 21, 2025).
• Fundamental Duties, Drishti Judiciary, https://www.drishtijudiciary.com/to-the-point/ttp-constitution-of-india/fundamental-duties (last visited June 21, 2025).
• Fundamental Duties: Court in Review – Supreme Court Observer, Supreme Court Observer, https://www.scobserver.in/journal/fundamental-duties-court-in-review/ (last visited June 21, 2025).

• |SVLNS Govt Degree College|

https://svlnsgdc.ac.in/userfiles/mygov_157969378664705891.pdf (last visited June 21, 2025).

• Constitutional Law of India – Chapter 15 – Fundamental Duties, Student Manupatra, http://student.manupatra.com/Academic/Abk/Constitutional-Law-of-India/CHAPTER-15.htm (last visited June 21, 2025).
• Fundamental Duties – https://legalaffairs.gov.in/sites/default/files/chapter%203.pdf (last visited June 21, 2025)