Fundamental Duties express the moral responsibilities and commitments that all citizens have towards their society and nation. They are intended to serve as a reminder that the rights and duties of citizens are correlative and inseparable. Rights and duties exist as two interconnected aspects of the same issue. Whenever and wherever there are rights, there exists a corresponding duty. An individual by performing his or her duties properly ensures that the basic rights of others are safeguarded and vice versa. In fact, no one can enjoy rights without performing their duties properly. Several countries like China, Netherlands, Vietnam, and Japan have included Fundamental duties in their constitution. 

• Borrowed from USSR:  The erstwhile USSR was the first country in the world to adopt Fundamental Duties in its Constitution. India had borrowed the concept of Fundamental duties from the constitution of the USSR.
• Recommended by Swaran Singh committee: These were introduced based on the suggestions of the Swaran Singh committee.
• Added by the 42nd amendment: The Indian Constitution initially lacked provisions for Fundamental Duties, which were incorporated through the 42nd Constitutional Amendment Act in 1976.
• Provision under 42nd amendment: The 42nd Constitutional Amendment introduced a new Part IV-A and Article 51-A pertaining to Fundamental Duties in the Constitution of India. Initially, there were ten fundamental duties. 
• Addition by the 86th constitutional amendment: Later an addition was made by the 86th Constitutional Amendment, 2002. It became a Fundamental Duty for parents of children aged 6-14 years to ensure they receive educational opportunities. 

Characteristics of Fundamental Duties

• Non-Justiciable nature: These fundamental duties are non-justiciable, meaning they cannot be enforced directly by the courts. 
• No legal remedy: There is also no legal sanction against their violation. However, the Parliament is free to provide for their enforcement by bringing in suitable legislation. 
• Applicable ‘only’ to citizens: They are confined only to the citizens of India and do not extend to foreigners. Here, it must be noted that a citizen is expected to render these Fundamental Duties towards the country of India and not towards the government.
• Combination of moral and civic duties: Fundamental Duties are an amalgamation of moral and civic duties. For instance, valuing the noble ideals of the freedom struggle is a moral tradition, while respecting the Constitution, National Flag, and National Anthem constitutes a civic responsibility.

Swaran Singh Committee

• About: In 1976, under the Indira Gandhi administration, a committee led by Sardar Swaran Singh was established to make recommendations regarding fundamental duties. The committee was formed due to the recognized need for such duties during the period of internal emergency (1975 – 1977). 
• Recommendations: The committee made several key suggestions, including:

1. Separate chapter: The committee proposed that a distinct chapter on fundamental duties should be added to the Constitution. 
2. Balance between rights and duties: It stressed that the citizens should become conscious that in addition to the enjoyment of rights, they also have certain duties to perform as well.

• Outcome: As per the recommendations of this committee, the 42nd Constitutional Amendment Act (1976) which added, among other things, ten Fundamental Duties in the constitution. 
• Recommendations which were not accepted: It is important to note that while the Swaran Singh Committee proposed eight Fundamental Duties for inclusion in the Constitution, some of its suggestions were not approved, which included: 

1. Paying taxes: The obligation to pay taxes should also be recognized as a Fundamental Duty for citizens.
2. Penal provisions: The Parliament may decide to impose penalties or punishments for any non-compliance with or refusal to adhere to these duties.
3. Doing away with Judicial review: No legislation enforcing such penalties or punishments shall be challenged in any court on the grounds of violating any Fundamental Rights or conflicting with any other part of the Constitution. 

Rationale for Fundamental Duties

• Provision in original constitution: Initially, the Indian Constitution did not have provisions related to Fundamental Duties. But as an exception, Article 33 provided Fundamental Duties for the armed forces and police who were supposed to maintain discipline and perform certain duties. 
• Internal emergency: Internal emergency: In 1975, a National Emergency was declared due to ‘internal disturbance.’. Under such circumstances, the then ruling Congress government felt the need for the establishment of certain fundamental duties and hence, the Swaran Singh Committee was set up in 1976.
• Objective: Fundamental duties were incorporated with the purpose of serving as a reminder to citizens that they need to observe certain basic norms of democratic conduct and behaviour while enjoying the fundamental rights specifically conferred to them by the Constitution. his is because rights and duties are interrelated and cannot be separated..
• Views of Indira Gandhi: Then Prime Minister, Indira Gandhi justified the inclusion of fundamental duties by arguing that it would strengthen the Indian democracy by establishing the democratic balance between rights and duties. She stated, “The moral significance of fundamental duties is not to suppress rights but to create a democratic equilibrium by making individuals equally aware of their duties as they are of their rights.”
• Fulfils India’s International obligations: Incorporation of fundamental duties into the Constitution also brought it in conformity with Article 29 (1) of the Universal Declaration of Human Rights. This article expresses that: “Every individual has obligations to the community, which is essential for the free and complete development of their personality.”
• Views of the Opposition: Initially the opposition parties in the Parliament strongly opposed the inclusion of fundamental duties in the Constitution by the Congress government. However, in the post-emergency period when the new Janata Government headed by Morarji Desai was established, they did not annul the Fundamental Duties. 
• Consensus across party lines: The new Janata government undid many changes which were introduced in the Constitution by the 42nd Amendment Act (1976) but they didn’t try to amend Part IV-A. This indicates that there was ultimately an agreement on the importance and benefit of incorporating the Fundamental Duties. This became even more evident with the addition of one more Fundamental Duty Art 51-A (k) in 2002 by the 86th constitutional amendment act.

List of Fundamental Duties 

Below is the list of Fundamental Duties mentioned in the Constitution.

Applications of Fundamental Duties

Below are a few common examples where citizens in a group or individually render their Fundamental Duties towards the country. 

• Standing up in movie theatres during the national anthem [Article 51A (a)]
• Including Desh Bhakti curriculum in school syllabus [Article 51A (b)]
• SATARK NAGRIK SURAKSHIT DESH – being vigilant [Article 51A (c)]
• Volunteering during COVID-19 crisis [Article 51A (d)]
• Stop mob lynching or honour killings or objectification of women in advertisements for products like deodorants etc. [Article 51A (e)]
• Stop making graffiti on the walls of monuments [Article 51A (f)]
• Reuse, reduce & recycle plastic waste [Article 51A (g)]
• Don’t fall prey to fake news [Article 51A (h)]
• Adhere to peaceful protests [Article 51A (i)]
• Valuing entrepreneurship and start-up culture [Article 51A (j)]
• Increased consciousness among citizens regarding the importance of education which can be seen in increased enrollment ratio at primary and secondary level of schooling. [Article 51A (k)]