Chapter 9: Fundamental Duties
Introduction
While Fundamental Rights protect citizens from State actions,
Fundamental Duties remind citizens what they owe to the nation.
Fundamental Duties create a sense of responsibility, discipline, and commitment among citizens towards national goals.
As rightly said by the Supreme Court:
“Duties are equally important as rights in a democracy.“
Background and Need
- Originally, the Constitution did not contain Fundamental Duties.
- Reason:
- Framers believed citizens would naturally perform their duties.
- Later realisation:
- After internal disturbances (especially the 1975 Emergency), it was felt that citizens needed explicit duties listed to ensure responsibility.
Thus, Fundamental Duties were inserted by:
- 42nd Constitutional Amendment Act, 1976
- Based on the recommendations of the Swaran Singh Committee (1976).
Constitutional Provision
- Fundamental Duties are in Part IV-A of the Constitution.
- Article 51A lists 11 Fundamental Duties.
List of Fundamental Duties (Article 51A)
Every citizen of India shall:
- 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 our freedom struggle.
- Uphold and protect the sovereignty, unity, and integrity of India.
- Defend the country and render national service when called upon.
- Promote harmony and spirit of common brotherhood transcending religious, linguistic, and regional differences.
- Value and preserve the rich heritage of our composite culture.
- Protect and improve the natural environment including forests, lakes, rivers, and wildlife, and 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.
- (Added by 86th Amendment Act, 2002):
- Duty of parents or guardians to provide opportunities for education to children between the age of 6 and 14 years.
Key Features of Fundamental Duties
- Applicable only to citizens, not foreigners.
- Moral obligations, not legally enforceable by courts.
- Help promote responsible citizenship.
- Serve as a reminder that rights come with responsibilities.
Importance of Fundamental Duties
- Balance between Rights and Duties:
Rights and Duties are two sides of the same coin. - Promote Patriotism and National Unity:
Citizens are reminded to respect national symbols and uphold integrity. - Protection of Public Property:
Helps prevent misuse and destruction of public assets. - Environmental Responsibility:
Duty to protect nature — forests, lakes, wildlife, etc. - Democratic Citizenship:
Encourages citizens to be active participants in democracy, not just passive beneficiaries.
Are Fundamental Duties Enforceable by Law?
- No direct legal enforcement (citizen cannot be punished directly for non-performance).
- However, Parliament can make laws enforcing duties.
- Example:
- Prevention of Insults to National Honour Act, 1971 (punishes disrespect to National Flag and Anthem).
- Environmental Protection Act, 1986 (supports Art 51A(g)).
- Example:
- Judiciary has upheld duties indirectly:
- In several cases, the Supreme Court has referred to Fundamental Duties to justify reasonable restrictions on Fundamental Rights.
Important Case:
- AIIMS Students Union Case (2002):
- SC held that Fundamental Duties can be used to interpret constitutional obligations and justify restrictions.
Comparison: Fundamental Rights vs Fundamental Duties
| Fundamental Rights | Fundamental Duties |
|---|---|
| Enforceable by courts | Not enforceable directly |
| Focus on individual freedoms | Focus on individual responsibilities |
| Available against the State | Directed towards citizens |
| Part III (Articles 12–35) | Part IV-A (Article 51A) |
Important Amendments related to Fundamental Duties
| Amendment | Detail |
|---|---|
| 42nd Amendment, 1976 | Inserted Fundamental Duties (10 duties) |
| 86th Amendment, 2002 | Added 11th duty (education for 6–14 years children) |
Criticism of Fundamental Duties
- Vague and General:
Wording is broad and lacks clarity on how duties should be performed. - Lack of Legal Sanctions:
No specific penalties for failure to perform duties. - Merely Moral Appeals:
Duties remain idealistic without strict enforcement mechanisms.
However:
Fundamental Duties create a strong moral obligation and civic awareness among citizens over time.
Conclusion
Fundamental Duties complement Fundamental Rights and together they build a strong and responsible citizenry.
As India evolves as a democracy, citizens must not only claim rights but also discharge their duties with sincerity and commitment.
Thus, Fundamental Duties strengthen the spirit of nationalism, unity, and constitutionalism.
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Fundamental Duties are in | Article 51A |
| Total Fundamental Duties | 11 |
| Added by | 42nd Amendment Act, 1976 |
| New duty (education) added by | 86th Amendment Act, 2002 |
| Applicable to | Citizens only |
Chapter 10: Amendment of the Constitution
Introduction
No Constitution can be completely rigid or absolutely flexible.
To adapt to changing needs, the Indian Constitution provides for its own amendment.
Amendment means changing, adding, or repealing certain parts of the Constitution by following a prescribed procedure.
As Dr. B.R. Ambedkar said:
“The Constitution should be flexible enough to grow with the nation.“
Constitutional Provisions
- Article 368 in Part XX deals with the amendment process.
Types of Amendments under Article 368:
- By simple majority of Parliament (like ordinary law-making).
- By special majority of Parliament.
- By special majority + ratification by half of the State Legislatures.
1. Amendment by Simple Majority of Parliament
- Not under Article 368.
- Same procedure as passing an ordinary bill.
Examples:
- Admission or establishment of new states (Art 2).
- Alteration of names, boundaries, or areas of states (Art 3).
- Changes to 2nd Schedule (salaries of President, judges, etc.).
- Creation or abolition of Legislative Councils in states (Art 169).
2. Amendment by Special Majority of Parliament
- Requires:
- Majority (50%+) of total membership of each House AND
- Two-thirds (2/3rd) majority of members present and voting.
Examples:
- Amendment of Fundamental Rights.
- Amendment of DPSPs.
- Election process of President and Vice-President.
3. Amendment by Special Majority + Ratification by Half of States
- Requires:
- Special majority in Parliament.
- PLUS approval by half of State Legislatures (simple majority in states).
Examples:
- Election of President (Art 54).
- Distribution of legislative powers (7th Schedule).
- Representation of states in Parliament (Rajya Sabha seats).
- Supreme Court and High Courts jurisdiction.
Important Features of Amendment Procedure
- Combination of rigidity and flexibility.
- No referendum required (unlike some countries).
- President must give assent — no veto power.
- Amendments can be challenged if violating “Basic Structure” (after Kesavananda Bharati case, 1973).
Major Amendments in Indian Constitution (Highlights)
| Amendment | Year | Key Impact |
|---|---|---|
| 1st Amendment | 1951 | Curbed freedom of speech; added Ninth Schedule |
| 42nd Amendment | 1976 | “Mini Constitution”: Strengthened Centre, added Fundamental Duties, inserted “Socialist, Secular, Integrity” in Preamble |
| 44th Amendment | 1978 | Reversed 42nd excesses; strengthened Fundamental Rights (e.g., Art 21 made stronger) |
| 73rd & 74th Amendments | 1992 | Constitutional status to Panchayati Raj and Municipalities |
| 86th Amendment | 2002 | Right to Education (Art 21A) |
| 101st Amendment | 2016 | Introduction of GST (Goods and Services Tax) |
| 103rd Amendment | 2019 | 10% EWS Reservation in education and jobs |
Judicial Review of Constitutional Amendments
Can Parliament amend any part of the Constitution freely?
Answer: No!
Key Supreme Court Cases:
Shankari Prasad Case (1951)
- SC ruled Parliament can amend Fundamental Rights.
Golaknath Case (1967)
- SC ruled Parliament cannot amend Fundamental Rights.
Kesavananda Bharati Case (1973)
- SC introduced the Basic Structure Doctrine:
- Parliament can amend any part,
- But cannot alter the Basic Structure (essential features) of the Constitution.
What is Basic Structure? (examples)
- Supremacy of Constitution.
- Republican and democratic form of government.
- Secular character of Constitution.
- Separation of powers.
- Federalism.
- Independence of Judiciary.
Indira Nehru Gandhi Case (1975)
- SC struck down 39th Amendment (election disputes) as it violated Basic Structure.
Minerva Mills Case (1980)
- Parliament’s power to amend is limited.
- Balance between Fundamental Rights and DPSPs is part of Basic Structure.
Basic Structure Doctrine — Meaning and Importance
- The Constitution is supreme — Parliament is its creature.
- Parliament cannot destroy or emasculate the Constitution’s basic features.
- Protects democracy, rule of law, and people’s rights against misuse by majority governments.
Important Points about Amendment Procedure
- Initiation only by Parliament — States cannot initiate.
- No Joint Sitting (like in ordinary bills).
- Presidential Assent compulsory.
- Constitution is supreme — Judiciary protects its core values.
Comparison with Other Countries
| Country | Amendment Nature |
|---|---|
| USA | Very rigid (needs ratification by 3/4th of states) |
| UK | Very flexible (Parliament can amend by simple majority) |
| India | Mixed — partly rigid, partly flexible |
Criticism of Amendment Procedure
- Too complicated — especially ratification requirement for some matters.
- No clear definition of Basic Structure — creates uncertainty.
- Sometimes used politically — to favor ruling parties’ interests (example: 42nd Amendment).
Conclusion
The amendment procedure strikes a balance between:
- Flexibility — to adapt to changes.
- Rigidity — to protect the core values.
The doctrine of Basic Structure ensures that India remains a constitutional democracy, protecting Fundamental Rights and promoting the values of justice, liberty, equality, and fraternity.
Thus, amendment power is wide, but not unlimited.
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Amendment process under | Article 368 |
| “Mini Constitution” | 42nd Amendment Act, 1976 |
| Basic Structure Doctrine by | Kesavananda Bharati Case, 1973 |
| First Amendment | 1951 |
| Latest Important Amendments | 101st (GST), 103rd (EWS Reservation) |