Relevance: GS-2, Constitution and its features

Key Phrases : Non-Adherence, Justice JS Verma Committee's report, 42nd Amendment Act, Swaran Singh Committee, Moral Duty, Civic Duty, Article 51-A, Non-Justiciable

Why in News?

• The Supreme Court of India sought assistance of the Attorney General in a writ petition seeking to sensitize citizens about the fundamental duties enshrined in the Constitution.
• The present petition argues that the non-adherence of the Fundamental Duties has direct bearing upon the Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India.
• Supreme Court has sought Central Government's response as to whether any steps have been taken in pursuance of its judgement, wherein directions were issued to the Centre to consider and take appropriate steps expeditiously for the implementation of the recommendations of Justice JS Verma Committee's report on the operationalization of fundamental duties.

Justice Verma Committee to Review Fundamental Duties:

• Justice Verma Committee was constituted in 1998 to plan a strategy and to work out a methodology for operationalizing a program initiated countrywide to teach fundamental duties and make it enforceable in every educational institution and initiate in-servicing training.
• It recommended that the duty to vote at elections, actively participate in the democratic process of governance, and pay taxes should be included in Article 51A of the Constitution.
• It also identified legal provisions for the implementation of some of the Fundamental Duties such as:
  • The Prevention of Insults to National Honour Act (1971) prevents disrespect to the Constitution of India, the National Flag, and the National Anthem.
  • The Protection of Civil Rights Act 4 (1955) provides for punishments for offenses related to caste and religion.

  • The Unlawful Activities (Prevention) Act of 1967 provides for the declaration of a communal organization as an unlawful association.

Fundamental Duties:

• The fundamental duties which were added by the 42nd Amendment Act of the Constitution in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year.
• Fundamental duties are applicable only to citizens and not to the aliens. India borrowed the concept of Fundamental Duties from the USSR.
• Fundamental Duties are categorized into two : Moral Duty & Civic Duty
  • Moral Duty: cherishing noble ideals of freedom struggle
  • Civic Duty: respecting the Constitution, National Flag and National Anthem
• They were added for creating and promoting culture, also strengthen the hands of the legislature in enforcing these duties vis-a-vis the fundamental rights.
• The list of 11 Fundamental Duties under Article 51-A to be obeyed by every Indian citizen.
• Japanese Constitution is the only democratic constitution in the world with a list of duties of citizens.

Criticism:

• Not Exhaustive List: The list of duties is not exhaustive as it does not cover other important duties like casting votes, paying taxes, family planning, and so on.
• Vague and Not Precise: Some of the duties are vague, ambiguous, and difficult to be understood by the common man.
  • For example, different interpretations can be given to the phrases like ‘noble ideals’, ‘composite culture’, ‘scientific temper’, etc.
• Non Justiciable: They have been described by the critics as a code of moral precepts due to their non-justiciable character.

Rights vs Duty Debate:

• Rights are rules of interaction between people. They place constraints and obligations upon the actions of the state and individuals or groups.
• Rights are defined as claims of an individual that are essential for the development of his or her own self and that are recognized by society or State.
• But the rights have real meaning only if individuals perform duties. A duty is something that someone is expected or required to do. Parents, for example, have a duty to take care of their children.
• Rights are what we want others to do for us whereas the duties are those acts which we should perform for others. Thus, a right comes with an obligation to show respect for the rights of others.

Correlation between fundamental rights and duties:

• Balance privileges and obligations: Fundamental duty corresponds to fundamental in other words, they complement each other. A duty recognizes and enforces a perfect balance between obligation towards a society and privileges of an individual.
• Social benefit: Fundamental duties serves as a warning against the anti-national and antisocial activities like burning the national flag, destroying public property and so on.
  • As an individual has every right to live with dignity, it is the duty of every citizen to not destroy national property which provides services to the whole.
• Respect for others rights: A right comes with an obligation to show respect for the rights of others. The obligations that accompany rights are in the form of duties.
  • If we have the right to enjoy public facilities like transport or health services, it becomes our duty to allow others to avail the same.
• Reminder: Duties serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society and to their fellow citizens.
  • For example, it is the duty of the state to preserve fundamental rights of individuals, and it is the duty of citizens to preserve national values and ethos.
• Close relationship: Rights and duties have a close relationship and both are inseparable. Both are existing side by side. If a legal system gives the right to life to its citizen, it also imposes an obligation on him to not to expose his life in trouble, as well as to respect the life and convenience of others. Thus, a strong legal system consists of fundamental rights and duties like its two non-separable parts.
• Establish a democratic balance: The moral value contained in fundamental duties aim to establish a democratic balance by making the people conscious of their duties equally as they are conscious of their rights.

Way Forward

• The moral value of fundamental duties would be not to smother rights but to establish a democratic balance by making the people conscious of their duties equally as they are conscious of their rights. Thus, Fundamental Duties are significant in Indian Democracy.
• The fundamental duties are regarded as directory. There is no doubt that these duties are a constant reminder to us of the national goals as well as the basic norms of political order. They inspire us to inculcate in ourselves a sense of social responsibility. They are much of an educational and psychological value for the citizens.

Sources: Live Law , Indian Express , The Hindu

Mains Question:

Q. The democratic nature of Indian Constitution talks about both rights and duties. In light of the recent Supreme Court Judgement on implementation of Justice Verma Committee recommendations, discuss the importance of Fundamental Duties and their correlation with the Fundamental Rights in light of Rights versus Duty debate?