Answer:

The Fundamental Duties (FDs) were added in Part IV A of the Constitution of India by the 42nd Amendment on the recommendations of the Swaran Singh Committee. Their inclusion is inspired by the erstwhile USSR Constitution and the rule of jurisprudence i.e. where there is a right there must be a corresponding duty. .

Salient features of FDs

♤ A mixture of moral liabilities (that cherish ideals of freedom struggle) and civic duties (that respect the Constitution).

♤ Codification of tasks, which have historically been integral to the Indian way of life.

♤ Applicable for citizens only.

♤ Non-justiciable.

The Fundamental Duties maintain a democratic balance, as they are complementary to Fundamental Rights which guarantee constitutional rights of the citizens against the State and the DPSPs that impose moral duties upon the State. Fundamental Duties gain significance, as they:

♤ Remind citizens of their duties while enjoying rights – therefore help strengthen democracy.

♤ Serve as a warning against anti-national and anti-social elements.

♤ Become source of inspiration for citizens, making them active participants in realization of national goals.

♤ Can be used by the courts to determine the Constitutional validity of a law.

♤ Can be enforced by law of the Parliament – e.g. the Prevention of Insults to National Honor Act, 1971.

However, their balancing role is questioned due to following reasons:

♤ The list of duties is not exhaustive – important duties such as paying taxes, casting vote etc. are not included.

♤ Being non-justiciable, they are reduced to a code of moral precepts.

♤ Some duties are vague, ambitious and difficult for the common man to understand

– e.g. promote scientific temper.

♤ FDs should have been added after part III to keep them at par with Fundamental Rights.

Though introduced by an amendment in the wake of emergency, the subsequent government did not undo this change. The 86th Constitutional Amendment further added an 11th duty. This strengthens the societal and political acceptance and approval of having a set of duties enshrined in the Constitution. The Parliament should timely review the scope of duties to retain their essence.