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Laxmikanth Ch 9: Fundamental Duties (CAPF Digest)

Original digest of Part IVA, Article 51A: the eleven Fundamental Duties, their origin in the Swaran Singh Committee and the 42nd Amendment, and their non-justiciable status

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Book DigestPolityLaxmikanthFundamental DutiesArticle 51aSwaran Singh Committee

The idea in one line

Part IVA (Article 51A) lists the Fundamental Duties of every citizen; they were added in 1976 on the Swaran Singh Committee's recommendation, are non-justiciable, and remind citizens that rights and duties go together.

Origin

  • Recommended by the Swaran Singh Committee (1976).
  • Added by the 42nd Amendment 1976 as Part IVA, inspired by the Constitution of the erstwhile Soviet Union.
  • Originally ten duties; an eleventh was added by the 86th Amendment 2002.

The eleven duties (Article 51A)

A citizen of India shall:

  1. Abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
  2. Cherish and follow the noble ideals that inspired the freedom struggle.
  3. Uphold and protect the sovereignty, unity and integrity of India.
  4. Defend the country and render national service when called upon.
  5. Promote harmony and the spirit of common brotherhood among all the people of India, transcending religious, linguistic and regional or sectional diversities, and renounce practices derogatory to the dignity of women.
  6. Value and preserve the rich heritage of the country's composite culture.
  7. Protect and improve the natural environment, including forests, lakes, rivers and wildlife, and have compassion for living creatures.
  8. Develop the scientific temper, humanism and the spirit of inquiry and reform.
  9. Safeguard public property and abjure violence.
  10. Strive towards excellence in all spheres of individual and collective activity.
  11. (Added by the 86th Amendment 2002) Every parent or guardian to provide opportunities for education to a child or ward between the ages of 6 and 14 years.

Their character and significance

  • Non-justiciable: there is no direct legal sanction for their violation and they are not enforceable by the courts, though Parliament may enact suitable laws to enforce some of them.
  • They serve as a constant reminder, a warning against anti-national and anti-social conduct, and a source of inspiration for citizens.
  • In Verma Committee terms and later judicial observations, the courts have said that in interpreting the Constitution, regard may be had to the Fundamental Duties.

CAPF angle: examiners ask the count (originally 10, now 11), the source (Swaran Singh Committee, 42nd Amendment), and the latest addition (parental duty to provide education, 86th Amendment 2002). The security overlay is in duties 3 and 4: upholding the sovereignty, unity and integrity of India and defending the country, which directly express the constitutional purpose served by the Central Armed Police Forces. Duty 9 (safeguard public property, abjure violence) is the citizen-side mirror of public-order policing.

Quick recall

  • Part IVA, Article 51A; added by the 42nd Amendment 1976.
  • Recommended by the Swaran Singh Committee.
  • Originally 10 duties; 11th (parental duty on education) added by the 86th Amendment 2002.
  • Non-justiciable.

Next: ch 10 amendment process. Previous: ch 08 directive principles. Full subject page: directive principles and fundamental duties.

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