Professional Documents
Culture Documents
citizens
of
India.
The
original
January
26,
1950,
has
a preamble
which
declares
pillars
Equality
of
and
civilization,
Fraternity.
Constitution
includes
"Justiciable
viz.
Chapter
Fundamental
Justice,
"Bill
of
Rights".
III
Liberty,
of
Rights",
These
the
i.e.
Fundamental
some
non-citizens.
was
silent
of
them
are
also
the
rights
of
in regard
citizens.
of
citizens
the
is
struggle was
right
to
Constitution
quite
with
understandable.
essentially
freedom.
The
a struggle
colonial
the
rights
India's
of
freedom
for acquiring
rule
had
the
been
the
a
assertion
The
of
liberal
the
people's
struggle,
right
its deep
to
was
national
awareness
of
the
evils
embodied
in fascism
bitter
expereince
of
these
regime
had
also
no
less
assertion
on
emphasis
and
totalitarianism
evils
under
Fundamental
of
British
the
contributed
and
increased
to
in
Rights
the
Constitution.
All these explain why the founding fathers of
the Constitution took pains to ensure basic human rights
in Part
the
Fundamental
Rights
of
the
The incorporation of
citizens
had
indeed
a new
India,
sense of
self-respect
hitherto
subjected
among
the
to
citizens
indignities
of
and
Constitution
Duties
for
the
did
citizens
not
along
lay
down
Fundamental
with
their
Fundamental
Rights.
"Right",
duty
well
as
defined by Mahatma
2
performed".
Right
carries
corresponding
obligation.
incident
illustrates Gandhiji's
which
the rights.
There
is
Gandhi,
with
it
"is
a
well-known
attitude towards
of man,
spring
"the
and,
I promise,
follows
true
winter".
source
discharge
our
of
Gandhiji
right
duties,
is
rights
also
will
unperformed
rights,
they
us
like
that
If
we
be
far
not
If leaving duties
escape
said
duty.
seek.
will
follow as
we
run
all
to
after
wil 1-01-the-wisp
4
The more we pursue them, the farther they will fly."
note that
the
context
which Mahatma
link between
into
the
of
Gandhi
the
very
great
the Fundamental
Constitution
Duties
under
were incorporated
Art
51-A
by
the
42nd
in
the
Duties
can
containing
be called
world
are
more
IV-
Fundamental
containing
than
Part
Indian Parliament.
the
of
50
such duties.
nations
in
In fact,
the
world
there
having
Duties
in
Japan,
their
Yugoslavia,
Constitutions.
China
etc.,
These
as
APPENDIX I.
would
include
be
evident
from
countries
On
the
which
do
listed
in their
called
'the mother
Fundamental
fact,
other
not
hand,
have
England,
of democracy',
nor
any
are
fundamental
Constitutions.
Right
there
has
many
duties
which
neither
Fundamental
is
?ny
Duty.
In
reality which
induced
existe point".
Bagehot
to affirm:
"Elle
a
na
English history.
The
Englishmen,
instrumental
the
evolution
in
themselves
of
being
democracy in
did
not
deem
it
necessary
to
Hence,
create
any
citizen's
rights
or
to
enunciate
citizen's obligations.
But people
which
for
ages
belonging
remained
to those
subjugated
had
nations
bitter
yoke
of colonial
rule,
that
they
took pains
to
ensure
their
basic
their
duties
for this
obligations
and
incorporated
reason that
It
them
as
is mainly
in the Constitutions
of
such
years,
Fundamental
Duties
are
incorporated
into
enacted
this
scheme.
in 1949,
to Fundamental
Fundamental
surprisingly
enough,
Its
Rights
although quite
had
been
not
Constitution,
Duties,
does
when
relating
a number
incorporated
of
therein.
to
is
observe
an
that
"Essentially
individualistic
Indian
document:
its
5
prophets are Burke, Mill and Dicey".
the
importance
of duties.
In fact,
their
duty
which
emancipation
struggle
for
of
inspired
their
them
to
motherland.
freedom,
the
fight
for
the
Throughout
the
concept
of
duty
When the
Constitution
proposed
of
was
incorporation
Fundamental
evident
India
Duties
from
first
of
of
discussed,
Chapter
citizens.
study
of
the
listing
This
thought
he
becomes
provoking
Fundamental
emphasised
Rights
the
need
and
for
Duties.
"a
This
clear
Chapter
enumeration
of
paramount
importance
specially
in view of the
However,
be
fundamental
contingent
on
duties",
the
which
performance
were
of
enumerated
the
as
follows:
1) .
to
All
the
citizens
State
national
shall
specially
emergencies
be faithful
in
times
of
and
foreign
shall
proihote
aggression;
2) .
Every
citizen
and,
if necessary,
resist exploitation
of man by man.
Such
urged,
would
Rights
but
enumeration
in
no
would
way
help
of
duties,
abridge
remind
the
the
it
was
Fundamental
people
that
no
rather unfortunate
that
in the
fundamental
duties
and
responsibilities.
mooted
by
disturbed on
lawlessness
in
irresponsible
the
Dr.
Rajendra
account
country
behaviour
of
particular.
Moreover,
attention
the Servants
under
of
the
this
Presidentship
of
of
Prasad,
of
in
who
felt
indiscipline
and
general,
and
some
legislators
issue
also
the
People's
veteran
the
ir
attracted
Society
leader
Shri
brought
in our
suggest
lives
"without
Fundamental
out
a pamphlet
and
Constitution
altering or
Rights,
entitled:'PI ace
abridging
a few purposeful
of
India',
any of
additions
The
of
to
our
to
fill
up
certain
the
gap
duties
in
our
from
Constitution,
which
citizen's
bringing
right
flow
in
and
7
without which such rights cannot survive".
However,
Duties
the
fact
of the citizens
remains
that
Fundamental
draft Constitution,
and
came
it
had
into
force,
Fundamental
Rights,
vide
not doubt
part
III,
they
duties
tended
and
nation which
to
them
Chapter
there
obsessed
the
obligations towards
enabled
but
India
on
was
no
so much
forget
the
with
importance
the
rights
of
their
society and
the
their
rights .
of
rights
and
absence
of duties
in
indiscipline
in
the
the growing
Indian
society.
Strikes
and
incidence
of
indiscipline
in
India
from
hold
of
the
Congress Party
on
the
electorate,
there
officials.
on
law
As
recorded by
enforcement,
but
also
a prominent
"Gherao
of
police
reported
reports
to
complicates
that
to
us.
avoid
Many
more
matters.
many of
their
officers
trouble
Senior
suppress
and
police
this
further
officers
colleagues have
such
state
surrendered
to
also partly
some
governments
had
of
the
issued
that
instructions
Jay
Calcutta
instructions
of
Court
the
case
a Special
struck
down
Government
Bench
of
the
the
executive
whereby
policemen
to offences
of
wrongful
assemblies without
confinement
and
first
the
Government
circulates
clearly
conflicted
with
the
9
law,....... . and were therefore illegal".
Similar
the
High
separate
that
views
Court
of
Tamil
cases.Even
" ......
were
the
Nadu
other
power
law-making
the
directly
exercised
executive
from
the
validly
by
Karnataka
Court
has
to emphasise
in
observed
that
under
expressed
and
Supreme
;t is essential
our constitutional
also
bodies
and
whatever
administration
delegation
only
of
within
legislative
possesses
the
the
must
legislature
limits
be
and
prescribed.
administration,
is
emphatically rejected".
All
these
jurisprudence
be
piaced
in
more
notion
that
must
be
11
underscroed
which
on
the
stress
duty
need
and
rather
for
emphasis
than
on
new
could
right ,
in
schedule
immediate
of
Constitutional
basic
document
impulse
duties
might
for
have
for
incorporating
citizens
stemmed
in
the
from
increasingly
the
promulgation
10
evident
of
in
internal
the
year
emergency
in
but,
1975,
by
large ,
and
realisation
general
inclined
to
as
that,
think of
it
we
people,
far
more
than
care
are
rights
individual
our
by
influenced
was
on
quite
reasons
Fundamental
pressing.
explicit
on
liberty.
The
India
committed
social,
expression,
all
rights,
secure
and
opportunity
fraternity,
individual
faith
and
assuring
the
the
were
duties
being
laid
by
gross
misuse
of
dec!ares
which
Republic"
is
- Justice
of
worship;
shall
of
make
citizens
and
unity
citizens
liberty
and
specific
Constitution
its
political;
belief,
to
Democratic
all
to
was
the
to
to
the
necessary
leading
Preamble
economic,
of
stress
"Sovereign
to
including
Duties
was
undue
self-seekers
status
It
as
as
for
thought,
Equality
promote
of
among
them
of
the
dignity
Nation".
These
lofty
national
unscrupulous
obligations.
elements
were
Unfortunately
misusing
liberty
some
to
the
values
enshrined
in
the
Constitution
were
to
be
preserved.
The
Constitution
concern
natural
of
incorporation
was
the
further
Government
enviornment.
The
of
the
duties
in
by
growing
necessitated
to
zealously
ruthless
the
safeguard
deforestation
the
the
of
11
consequence,
and the
growing tendency
to damage national
property,
among
the
people
unmistakably called
for
duties
and
above
should
all
be
these,
the
appreciated
i iclusion
also
in
the
ought
Rights
to
be
correlative.
had
already
Fundamental
Duties
been
Since
included,
was
felt
the
inclusion
that
framework
of
the
1
Constitution, therefore, was also strongly supported.
It
within
the
Fundamental
there
was
no
of
need
the
rights
themselves.
specify
citizen
in
What
the
must
redemption
or
other
was
considered
Constitution
perform
of
parts
the
the
for
of
undertaking
flow
Constitution
necessary
duties
making
to
was
which
every
possible
contained
to
the
in
the
while
the
P
Preamble.13
It
is
Constitution
important
had
adopted
to
note
tnat
of
the
most
principles
there
was
no
provision
12
corresponding
according
to
to
which:
"Everyone
has
duties
the
and
full
free
to
the
community
in which
development
of
his
incorporation
of
Fundamental
alone
personality
is
14
possible".
in
the
The
Constitution,
therefore,
was
Duties
indeed
significant
demand
to
include dutiesof
citizens
towards
State.
As
pointed out
Lord Bryce:
the
"Constitution
of
of its
or laws
rules
Government
towards
a State
and
and
the
the
omitted
to
to
of
do
the
chaotic
the
and
those
form of
duties
citizens
its
of
towards
it
the
fathers
Indian
of
must
society
In
fact,
and
the
be
took
Duties
countries
initially
growing
Constitution
Fundamental
various
society.
the
of
of
founding
save
over
of
provision
Constitution
what
rights
the
of
15
Critics
of
consists
which determine
respective
citizens
Government .
or nation
by
in
the
observed
that
Constitution
done
even
lawlessness
American
in
India
had
in
had
belatedly
from degenerating
an
note
into
lamented
those
days
Bar
exhorted
Duties
that
Council,
the
possibility
in
too
over
of
the
much
Law
legal
the
second
Minister
community
introducing
Indian
on
Shri
to
Chapter
Constitution.
emphasis
13
the
All
India
H.R.Gokhale,
consider
on
It
the
Fundamental
was
Fundamental
realised
Rights
without
proved
the
any
detrimental
need
of
Fundamental
growing
May
on
the
the
Duties
1976,
recommended
country
hour
in
Committee,
29,
corresponding
to
lawlessness
Congress
on
stress
order
in
at
in
to
of
of
and
inclusion
of
the
The
held
this
had
past,
stem
session
note
the
the
India.
its
took
inclusion
was
obligations
tide
All
India
in New Delhi
suggestion
Chapter
of
on
and
duties
and
The
the
task
inclusion
in
of
the
formulating
Constitution
"some
of
proposal
certain
for
Fundamental
inter-alia,
to
sustain
and
strengthen
the
the
Constitution
and
the
laws
of
the
land;
to
detailed discussion,
16
the
Swaran
Singh
Fundamental
Duties
for
14
incorporation
into
the
17
Constitution:1) .
To
uphold
the
sovereignty
of
India
and
To
respect
and
abide
by
the
Indian
enshrined
doing
in
the
anything
Constitution
that
may
impair
and
to
their
avoid
dignity
and authority.
4).
To
abjure
communalism
defend
India
in
any
form
or
manner.
5) .
To
and
to
render
national
promoting
Principles
the
common
of
good
State
of
Policy
the
and
nation
in
To pay taxes
as is required by laws of
the land.
8) .
To
properties
either
safeguard
and
cause
not
and
doing
destruction
protect
anything
or
damage
15
public
that
may
to
such
in
nature.
The
Committee
therefore,
may
be
or
refusal
of
to
such
penalty
observe,
any
or
of
punishment
these
as
duties".
The
panel
infringement
of the Constitution".
19 may be by an individual,
association,
and
each
of
a group, a party, or
these
would
have
to
be
guarded against.
42nd
these
duties
duties
were
According
Amendment
but
not
to
in
made
the
modified
incorporate
form.
enforeceable
Statement
did
of
some
Moreover,
in a Court
objects
and
of
the
of Law.
reasons
end
inequality
poverty
of
and
ignorance
opportunity...."
On
and
disease
October
29,
and
1976,
16
citizens.
Minister,
Shri H.R.Gokhale,
described
the
Chapter
"by
far
the
most
in
into
(which was
1976).
The
resolution
Congress
1976,
the
later
the
Committee
Fundamental
Constitution
adopted
amendment
on
the
was
by
as 42nd
effected
subject
passtJ
endorsing
as
by
the
Duties
44th
were
Amendment
Amendment
Act,
a sequel
to
the
All
India
recommendation
of
List of Duties.
The ten Fundamental
of
the
Constitution,
Duties
listed
enactment
18
Amendment Act, call upon the citizens to:(a) .
following
in Art
of
51-A
42nd
our
national
struggle
for
freedom";
(c)
"to uphold
and protect
17
the sovereignty,
(d)
"to
defend
the
country
and
render
or
sectional
linguistic and
diversities,
to
"to
value
and
preserve
the
rich
"to
protect
and
improve
the
natural
creatures";
(h)
"to
humanism
develop
and
the
the
scientific
spirit
of
temper,
enquiry
and
reform";
(i)
"to
safeguard
public
property
and
to
abjure violence";
(j)
"to
strive
towards
excellence
in
all
H.R.
Gokhale,
the
Union
Law Minister,
no
consideration
that
partisanship
has
On
18
of
"no political
yet
another occasion,
India
Convention
H.R.Gokhale
on
said:"no
Duties.
If
Constitutional
one
while
can
say
Amendments,
that
my
Shri
political
look
at
these
Duties
they
but this
is a single
agree
and that
the
19
that
it
it
was
would
suggested
be
by
necessary
to
some
of
the
provide
for
social,
religious,
approach
to the
towards
the
duties.
One
of
the
most
controversial
issues
them
legally
enforceable.
The
Swaran
Singh
In
of these duties
legally punishable
on
the
19
It therefore,
purpose
behind
the
becomes obvious,
incorporation
that the
of
set
of
which
in
due
course
could
help
change
informed
Reacting
nation,
Gandhi,
the
had
then
Prime
observed:
"If
Minister,
people
Mrs.
only
Indira
kept
the
about
which
these
a change
people,
duties
in the
there
were
could
attitude
many
play
and
in
bringing
thinking
thinkers
who
of
the
expressed
Fundamental
It
is
Duties
obligatory
on
the
contain
noble
part
every
of
to violate
20
of any
other person.
This
said:"
The
introduced
is
what
Chapter
not
to
democratic balance.
highlighting
Indira
on
Fundamental
smother
rights
meant
Duties
but
to
when
has
she
been
establish
Directive
Fundamental Rights.
Gandhi
Principles
alongwith
21
without performance of the duties".
The
Indian
Parliament,
by
approving
of
the
Constitution,
greatest
thus,
jurisprudential
took
care
of
one
lacunae encapsulated
The
the
in the
only
22
right of man in the society is to do his duty".
21
alone.
of
real
NOTES
2*
3.
Ram
Rattan,
Obligation,
(Calcutta,
1972)
The
Minerva
Associates, p.91.
4.
M.K.Gandhi,
Young India(8th
January,
1925)
p. 15.
5.
6.
S.N .Aggrawal,
8.
p.106.
9.
10.
Chelpark
Company
Madras,
AIR,
V.
Commissioner
1969
Madras
of
33;
Police,
Mysore
22
12.
13.
Swarup
Hari,
Obligations
Constitution
of
Citizens:
Duties
and
Mainstream, V
14
15.
16.
G. G.Mirchandani,
Abhinav
Subverting
Publications,
(New
the
Consitution;
Delhi,
1977),
1st
Ed. p .141.
17.
Anadhi
Bhushan
Maity,
Fundamental
Duties;
P.M.Bhakshi,
comments;
Constitution
Universal
Book
of
India,
Traders
(1991
with
edn)
p .49.
19.
20.
L. S.Sinha,
The
Fundamental
Importance;
Socialist India,
Duties:
V.13,
Their
Oct.23,
1976, p .102.
21.
22 .
Arun
Sud;
Our
Fundamental
Political Studies,
23
Duties,
Journal of
V.10.N1;(1977) p.88.