Fundamental Duties [Polity for UPSC]

 


INTRODUCTION


-> Article 51A of Part IV A 

-> Added on the recommendation of Swaran Singh Committee (1976)

-> Borrowed from USSR

-> Added by 42nd Amendment

-> 11th FD was added by 86th Amendment




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FEATURES OF FDs


-> Moral and Civic duties

-> Only applicable to citizens

-> Highlights values of Indian traditions, religion, practices and mythology

-> Non-justiciable

-> Parliament can enforce them with legislation

-> No legal sanctions 





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TRICK TO REMEMBER


F - Flag

S - National Struggle

S - Sovereign



D - Defense

H - Harmony



H - Heritage

E - Enviornment

S - Scientific Temper

P - Public Property

E - Excellence




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SIGNIFICANCE 


-> Serve as reminder to citizens


-> Deter anti national and antisocial activities


-> Inspire citizens towards nation building and discipline


-> Realisation of national goals


-> Help courts in examining constitutional validity of laws: may consider some laws a reasonable restricting Articles 14 and 19 for the implementation of FDs Enfoceable by Law, if Parliament so legislates. (1992 Supreme Court's ruling)


-> Strengthens democracy





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CRITICISM


-> Non - exhaustive (does not cover imp. duties like casting vote, paying taxes, family planning etc)


-> Nature - vague, ambiguous and difficult to understand


-> Non-Justiciable


-> Their inclusion in the Constitution was described as superfluous


-> Inclusion in Part IV has reduced their value and significance





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VERMA COMMITTEE OBSERVATION


Identified the existence of legal provision for the implementation of some of the FDs


-> The Prevention of Insults to National Honour Act(1971)


-> Protection of Civil Rights Act(1955)


-> IPC


-> UAPA, 1976


-> The Representation of People Act (1951)


-> The Wildlife (Protection) Act, 1972


-> The Forest (Conservation) Act, 1980

 







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