Fundamental Duties: Enforceability in India

Introduction

The Indian Constitution includes the fundamental duties of all citizens in Part IV-A. The Swaran Singh Committee, established in 1976 to assess the importance of fundamental duties in the Constitution, recommended the first 10 fundamental duties. The 11th was later added by the 86th Amendment. Although the Committee suggested that these provisions be justiciable in the Court of Law, the Government rejected this recommendation. As a result, the Fundamental Duties are non-justiciable today. 

However, it can be noticed that over time, with several legislations passed by the various Governments, most of the fundamental duties have been made indirectly enforceable. This raises the question of whether Part IV-A of the Indian Constitution should still remain non-justiciable or rather be repealed from the Constitution. To understand this, it is important to understand the developments in the legal industry since independence.

The Justice Verma Committee on Fundamental Duties

The Justice Verma Committee was formed in 1998 to align Indian laws with those of other countries regarding the justiciability of fundamental duties. To achieve this goal, the Committee analysed the existing laws and made the following findings:

1. Article 51-A(a) is governed by the Prevention of Insults to National Honour Act, 1971. This legislation provides punishments for disrespecting the National Flag, Anthem or the Constitution of India itself. Offenders may face imprisonment for up to 3 years, a fine or both.
   
   
2. Various laws such as the Protection of Civil Liberties Act, 1955, which provides punishment for caste or religion-related offences, also ensure equality among communities.
   
   
3. Article 51-A(g) is enforced by the Wildlife (Protection) Act, 1972, which protects and prohibits trade in rare and endangered animals. The Forest (Conservation) Act, 1980 also helps achieve the said provision's goal as it promotes responsible action regarding forests and natural resources. Yet another legislation that governs environmental protection is the Water (Prevention and Control of Pollution) Act, 1974. It protects water resources such as rivers and lakes across the Indian territory.

In addition to the observations of the Committee, several other legislations can also be noticed:

1. The Ancient Monuments and Archaeological Sites and Remains Act, 1958, established the Archaeological Survey of India. Sections 14 and 30 of this Act help protect and preserve ancient monuments within India's borders, enabling citizens to fulfil their duty under Article 51-A(f) of the Indian Constitution.
   
   
2. The Right to Information Act, 2005, ensures the enforcement of Article 51-A(h). This Act empowers citizens to exercise their duty to inquire and suggest reforms to the Nation's governance. The citizens' right to vote and express their opinions freely, as established under Article 19 of the Indian Constitution, also supports the enforcement of Article 51-A(h). These rights extend to citizens at the village level through the introduction of Village Panchayats and Lok Adalats in all villages of the country.
   
   
3. The Prevention of Damage to Public Property Act, 1984, governs Article 51-A(i). This provision establishes citizens' duty to safeguard public property and abjure violence.
   
   
4. Various provisions ensure the enforcement of Article 51-A(j) and (k), which establish citizens' duty to obtain elementary education and have equal opportunities to learn and work in public and private organisations.
   

Why the Constituent Assembly Excluded Fundamental Duties?

The Fundamental Duties' absence in the final draft of the Indian Constitution, in 1950 is an intriguing question that can be explained by three lines of reasoning:

1. The Constitution was drafted during a highly patriotic period, with these values inculcated in homes and educational institutions. It seems obvious that aberrations of such values would not be accepted, thus nullifying the necessity for specific inclusion of Fundamental Duties in the Constitution.
   
   
2. The moral values mentioned in Part IV-A of the Constitution have already been incorporated in the Preamble of the Indian Constitution. Thus, the need to specifically mention the duties of the public was not deemed necessary at the time. However, these feelings have been observed to reduce with time, thereby compelling the implementation of the Fundamental Duties in the Constitution.
   
   
3. The reasonable restrictions on Fundamental Rights imply fundamental duties. This principle is a reflection of Mahatma Gandhi's belief that "The true source of rights is duty. If we all discharge our duties, rights will not be far to seek. If leaving duties unperformed, we run after rights, they will escape us like a will-o'-the-wisp. The more we pursue them, the farther they fly." Moreover, the expanded interpretation of fundamental rights has further incorporated the fundamental duties, making them enforceable.
   

Judicial Precedence

In addition to the Constitution and other legislation, judicial precedents have also made fundamental duties enforceable by law. One such case was Bijoe Emmanuel & Ors. v. State of Kerala & Ors., where it was ruled that abstaining from singing the National Anthem does not necessarily constitute disrespect towards it.

The MC Mehta v. Union of India case was a significant milestone in enforcing Article 51-A(g), which aims to protect the country's natural resources. the judgement held that the government is obligated to introduce lessons on fundamental duties in all educational institutions. This decision emphasised the importance of instilling a sense of responsibility towards the environment among citizens from an early age.

Similarly, in the case of Dr Dasarathi v. State of Andhra Pradesh, it was held that every citizen must abide by their duty to strive towards excellence in all spheres of life, as well as for collective activity so that the nation constantly rises to a higher level of endeavour and achievements as per Article 51-A(j). The State can provide ways to achieve excellence by the methods permitted by the Indian Constitution.

On the question of the same provision, in the case of Charu Khurana v. Union of India, the Supreme Court held that the State should provide opportunities rather than curtailing them. The Court also said that the duty of the citizens has also been extended to the collective duty of the State.

Conclusion

The fact that the Fundamental Duties cannot be enforced will not lower its significance. A democratic state's fundamental duties are essential because they not only let people exercise their rights but also serve as a reminder of their obligations to the country. The fact that the obligations are "fundamental" makes them extremely significant, and everyone is expected to uphold this requirement. Several duties have also been established as separate laws and are made enforceable by law. The people must be aware of their place in society as well as the government's obligation to supply everything outlined in the Constitution. Every citizen of the country is required to carry out obligations including paying taxes and exercising their Right to Vote. Everyone develops a sense of social responsibility as a result of these obligations. These essential duties are usually considered while interpreting fundamental rights.

References

1. Constitution of India, 1950.
2. "Effectuation of Fundamental Duties of Citizens", National Commission to Review the Working of the Constitution.
3. "Duty is Right, Rights are Left".
4. Prevention of Insults to National Honour Act, 1971.
5. Protection of Civil Rights Act, 1955.
6. Forest (Conservation) Act, 1980.
7. Water (Prevention and Control of Pollution) Act, 1974.
8. Ancient Monuments and Archaeological Sites and Remains Act, 1958.
9. Legal Services Authorities Act, 1987.
10. Prevention of Damage to Public Property Act, 1984.
11. Bijoe Emmanuel & Ors. v. State of Kerala & Ors.
12. MC Mehta v. Union of India.
13. Dr Dasarathi v. State of Andhra Pradesh.
14. Charu Khurana v. Union of India.