Chapter 41: Fundamental Duties — 42nd Amendment, List, Importance
Introduction
Fundamental Duties are moral obligations for every Indian citizen to:
Promote patriotism,
Uphold the spirit of unity,
Strengthen democracy.
They are inspired by the Constitution of erstwhile USSR (now Russia).
Constitutional Provision
Article
Subject
Article 51A
Fundamental Duties
Historical Background
Event
Detail
Swaran Singh Committee (1976)
Recommended inclusion of Fundamental Duties.
42nd Constitutional Amendment Act (1976)
Inserted Fundamental Duties (10 duties initially).
86th Constitutional Amendment Act (2002)
Added 11th duty (related to children’s education).
Features of Fundamental Duties
Non-justiciable: Cannot be enforced by courts like Fundamental Rights.
Moral obligations: Intended to remind citizens of responsibilities.
Apply to citizens only: (Not foreigners or corporations.)
Reflect Indian culture and values: (E.g., respect for the Constitution, environment, heritage.)
List of Fundamental Duties (Article 51A)
(As of 2024 — 11 Duties)
Every citizen of India shall have the duty to:
Abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
Cherish and follow the noble ideals that inspired the national struggle for freedom.
Uphold and protect the sovereignty, unity and integrity of India.
Defend the country and render national service when called upon to do so.
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.
Value and preserve the rich heritage of our composite culture.
Protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures.
Develop scientific temper, humanism and the spirit of inquiry and reform.
Safeguard public property and abjure violence.
Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
Provide opportunities for education to children between age 6 to 14 years (added by 86th Amendment Act, 2002).
Importance of Fundamental Duties
Importance
Explanation
Balance Rights with Duties
Reminds citizens that rights come with responsibilities.
Promote Patriotism
Inculcate love and loyalty towards the nation.
Protect National Integrity
Strengthens unity amidst diversity.
Environmental Protection
Citizens’ duty to protect environment and biodiversity.
Moral Code of Conduct
Encourages ethical, disciplined citizen behavior.
Relation between Fundamental Rights and Duties
Complementary: Rights and Duties go hand-in-hand.
Example:
Right to Freedom of Speech (Article 19) balanced by Duty to respect the sovereignty of India.
Right to Environment (Article 21) balanced by Duty to protect environment.
Judicial Use of Fundamental Duties
Even though Fundamental Duties are non-justiciable,
Courts can use them to interpret laws,
Duty violation may justify restrictions on Fundamental Rights (under reasonable restrictions).
Important Supreme Court Cases:
Case
Importance
MC Mehta Case (1987)
Duty to protect environment used to justify environmental laws.
AIIMS Students Union Case (2001)
Emphasized need to balance Rights with Duties.
Criticism of Fundamental Duties
Vague and general — difficult to define breaches.
No legal enforcement — only moral.
Lacks priority hierarchy among duties.
Added during Emergency period — questions over intent.
Suggestions for Improvement
Make some Fundamental Duties legally enforceable.
Spread awareness about Fundamental Duties through education.
Include penal provisions for serious violations (in a graded manner).
Comparison: Fundamental Rights vs Fundamental Duties
Aspect
Fundamental Rights
Fundamental Duties
Nature
Justiciable
Non-Justiciable
Objective
Protect individual liberties
Promote responsible citizenship
Articles
12–35
Article 51A
Enforcement
Can be enforced via courts
Cannot be enforced via courts directly
Conclusion
Fundamental Duties are vital for deepening democracy. They remind citizens that liberty comes with responsibility and rights are meaningful only when duties are performed.
“Ask not what your country can do for you — ask what you can do for your country.” — John F. Kennedy
Important Quick Facts for Prelims & Mains
Fact
Detail
Article for Fundamental Duties
51A
Amendment adding Fundamental Duties
42nd Amendment (1976)
Committee recommending Duties
Swaran Singh Committee
Number of Fundamental Duties
11
Latest Duty Added
Provide education to children (86th Amendment, 2002)
Chapter 42: Directive Principles of State Policy (DPSP) — Meaning, Types, Important Articles
Introduction
Directive Principles of State Policy (DPSP) are guidelines to the government to achieve:
Social and economic democracy,
Welfare of the people,
Justice, liberty, equality, fraternity.
They represent the soul of the Constitution along with Fundamental Rights.
Constitutional Provisions
Article
Subject
Articles 36–51
Directive Principles of State Policy
Features of DPSP
Non-justiciable: Cannot be enforced in courts.
Moral and Political Directives: States should follow them while making laws.
Aim: Establish a Welfare State (socialist, just, and equitable society).
Borrowed From: Irish Constitution (Republic of Ireland).
Objectives of DPSP
Objective
Explanation
Social Justice
Fair distribution of wealth, opportunities.
Economic Justice
Reducing inequality between rich and poor.
Political Justice
Equal participation in governance.
International Peace
Promoting global peace and friendly relations.
Classification of DPSP
1. Socialistic Principles
Aim to establish a welfare state.
Article
Directive
38
Promote welfare of people and reduce inequalities.
39
Equal right to livelihood, equal pay for equal work, protection of children and workers.
41
Right to work, education, and public assistance.
42
Provision for just and humane conditions of work and maternity relief.
43
Living wage and decent standard of life for workers.
43A
Participation of workers in management of industries (added by 42nd Amendment).
47
Raise level of nutrition and standard of living; improve public health.
2. Gandhian Principles
Inspired by Mahatma Gandhi’s ideas.
Article
Directive
40
Organization of Village Panchayats.
43
Promotion of cottage industries.
46
Promotion of education and economic interests of SCs, STs and weaker sections.
47
Prohibition of intoxicating drinks and drugs.
48
Organization of agriculture and animal husbandry (prohibit cow slaughter).
3. Liberal-Intellectual Principles
Reflect liberal ideals like individual dignity, peace, and freedom.
Article
Directive
44
Uniform Civil Code for all citizens.
45
Free and compulsory education for children (replaced by 86th Amendment — now Art 21A, but still DPSP refers to 0–6 years for early childhood care).
48
Protection of environment, forests, and wildlife.
49
Protection of monuments and places of national importance.
50
Separation of judiciary from executive in public services.
Chapter 43: Governor — Appointment, Powers, Role in States
Introduction
The Governor is the constitutional head of a State in India, just like the President is the constitutional head of the Union.
Works as the link between Centre and State,
Symbolizes the unity of India.
Constitutional Provisions
Article
Subject
Articles 153–162
Governor: Appointment, Powers, Functions
Appointment of Governor
Feature
Detail
Appointment
By the President of India
Tenure
5 years (but holds office at the pleasure of the President)
Qualifications
– Citizen of India – 35 years of age or above
Oath
Administered by Chief Justice of the High Court of the State
Important Points
No direct election of Governor (unlike USA).
No fixed tenure — President can remove Governor anytime before 5 years.
Same person can be appointed as Governor for two or more states simultaneously (Article 153).
Conditions of Office
Cannot be a member of Parliament or State Legislature,
Cannot hold any office of profit,
Entitled to official residence, salary, and allowances charged from Consolidated Fund of the State.
Powers of Governor
1. Executive Powers
Power
Detail
Appointments
Appoints Chief Minister, other ministers, Advocate General, Chairman and Members of State Public Service Commission, etc.
Administration
Executive actions of the state are carried out in the Governor’s name.
Rules
Can make rules for more convenient transaction of business.
2. Legislative Powers
Power
Detail
Summon and Prorogue
Summons, prorogues, and dissolves the State Legislative Assembly.
Address
Addresses the first session after elections and the annual budget session.
Assent to Bills
Assents, withholds assent, returns (except Money Bills) for reconsideration, or reserves bills for President’s consideration (Article 200).
Ordinance Making
Can promulgate ordinances during recess of State Legislature (Article 213). Same as President’s Ordinance power at Union level.
3. Financial Powers
Power
Detail
Money Bills
Can introduce only with Governor’s prior recommendation.
State Budget
Laid before the Legislature with Governor’s prior approval.
Contingency Fund
Operates State’s Contingency Fund on behalf of the State.
4. Judicial Powers
Power
Detail
Pardoning Powers
Can grant pardon, reprieve, respite, or remission under State laws (Article 161).
Not for Death Sentences
Only President can pardon death sentences (Governor cannot).
5. Discretionary Powers
Situation
Detail
Hung Assembly
Can appoint Chief Minister at his discretion.
Reservation of Bills
Can reserve certain bills for President’s consideration.
President’s Rule
Can recommend President’s Rule (Article 356) in case of constitutional failure in state.
Dismissal of Ministry
If it loses majority and refuses to resign.
Governor vs President: A Quick Comparison
Feature
President
Governor
Level
Union
State
Elected by
Electoral College
Appointed by President
Tenure
5 years
5 years (subject to pleasure)
Oath by
Chief Justice of India
Chief Justice of High Court
Position of Governor
Nominal Head
Constitutionally required to act on the advice of the Council of Ministers (Article 163).
Cannot act independently in normal circumstances (except in discretionary matters).
Role as an Agent of the Centre
In Union-State relations, Governor is seen as:
Guardian of the Constitution in the State,
Centre’s representative.
Important Articles Related to Governor
Article
Subject
153
Governors of States
155
Appointment by President
156
Term of office
157
Qualifications
161
Pardoning Powers
163
Council of Ministers to aid and advise Governor
200
Assent to State Bills
213
Governor’s Ordinance-making power
Important Cases Related to Governor
Case
Importance
Shamsher Singh vs State of Punjab (1974)
Governor must act on advice of Council of Ministers.
Nabam Rebia Case (2016)
Governor cannot summon Assembly without Cabinet advice.
BP Singhal vs Union of India (2010)
Governor’s removal must be based on valid reasons, not political whims.
Controversies and Criticisms
Misuse of Discretionary Powers: E.g., inviting wrong party to form government.
Political Bias: Governors acting as agents of ruling party at the Centre.
Removal without Reason: No fixed term security.
Reservation of Bills: Overuse or misuse in controversial legislations.
Recommendations for Reform
Sarkaria Commission (1988)
Governor should be a non-political eminent person.
Should not be removed before completing 5 years unless proven misconduct.
Punchhi Commission (2010)
Fixed tenure of 5 years recommended.
Guidelines for exercising discretionary powers suggested.
Consult Chief Minister before appointment (like Canada practice).
Importance of Governor
Symbol of federalism,
Ensures constitutional governance,
Vital for maintaining Centre-State relations,
Safeguard during political instability.
“Governor must act as a bridge, not a barrier, between Centre and State.“
Conclusion
The Governor is the guardian of the Constitution in states, but must act fairly, impartially, and constitutionally. Strengthening the office’s neutrality is essential for India’s cooperative federalism.