Scheme of Fundamental Duties and Its Legal Status

SCHEME OF
FUNDAMENTAL DUTIES
AND ITS LEGAL STATUS
INTRODUCTION:
• The fundamental duties which were added by the 42nd Amendment
Act of the Constitution in 1976, in addition to creating and promoting
culture, also strengthen the hands of the legislature in enforcing these
duties vis-a-vis the fundamental rights.
• They warn citizens against anti-national and anti-social activities
• They inspire citizens & promote a sense of discipline and commitment
among them.
• They remind Indian Citizens of their duty towards their society, fellow
citizens and the nation
CRITICISM OF FUNDAMENTAL
DUTIES
• The Fundamental Duties mentioned in Part IVA of the Constitution
have been criticized on the following grounds:
• They have been described by critics as a code of moral precepts due
to their non-justiciable character. Their inclusion in the Constitution
was described by the critics as superfluous. This is because the duties
included in the Constitution as fundamental would be performed by
the people even though they were not incorporated into the
Constitution.
• Some of the duties are vague, ambiguous and difficult to be
understood by the common man.
SWARAN SINGH’S COMMITTEE
• Citizens to be penalized/punished by the parliament for any non-
compliance with or refusal to observe any of the duties.
• The punishments/penalties decided by the Parliament shall not be
called in question in any court on the ground of infringement of any
of Fundamental Rights or on the ground of repugnancy to any other
provision of the Constitution.
• Duty to pay taxes.
FACTS ABOUT FUNDAMENTAL
DUTIES
• 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 essentially contain just a codification of tasks integral to the Indian way
of life.
• The Fundamental Duties are confined to Indian citizens only and do not
extend to foreigners, unlike a few Fundamental Rights.
• They are also nonjusticiable similar to the Directive Principles of State Policy.
• There is no legal sanction against their violation
IMPORTANCE OF FUNDAMENTAL
DUTIES
• They warn citizens against anti-national and anti-social activities
• They inspire citizens & promote a sense of discipline and commitment
among them.
• They remind Indian Citizens of their duty towards their society, fellow
citizens and the nation
• They help the courts in examining and determining the constitutional
validity of a law
11 FUNDAMENTAL DUTIES
• Abide by the Indian Constitution and respect its ideals and
institutions, the National Flag and the National Anthem
• Cherish and follow the noble ideals that inspired the national struggle
for freedom
• Uphold and protect the sovereignty, unity and integrity of India
• Defend the country and render national service when called upon to
do so
• Promote harmony and the spirit of common brotherhood amongst all
the people of India transcending religious,
• Value and preserve the rich heritage of the country’s composite
culture
• Protect and improve the natural environment including forests, lakes,
rivers and wildlife and to have compassion for living creatures
• Develop scientific temper, humanism and the spirit of inquiry and
reform
• Safeguard public property and to abjure violence
• Strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavor
and achievement.
• Provide opportunities for education to his child or ward between the
age of six and fourteen years.
PROTECTION AGAINST ARREST AND
DETENTION:
• Article 22 deals with the ordinary law and includes:
• Right to be informed of the grounds of arrest.

• Right to consult and be defended by a legal practitioner.
• Right to be produced before a magistrate within 24 hours,
excluding the journey time.
• Right to be released after 24 hours unless the magistrate
authorises further detention.
ARTICLE 22
• Protection under this article is available to both citizens as well as
aliens and includes the following:
• The detention of a person cannot exceed three months unless an

advisory board (judges of high court) reports sufficient cause for
extended detention.
• The grounds of detention should be communicated to the detenu.
• The detenu should be afforded an opportunity to make a
representation against the detention order.
RIGHT TO EDUCATION:
• Article 21 (A) declares that the State shall provide free and
compulsory education to all children of the age of six to fourteen
years.
• This provision makes only elementary education a Fundamental Right
and not higher or professional education.
• This provision was added by the 86th Constitutional Amendment Act
of 2002.
• Before the 86th amendment, the Constitution contained a provision
for free and compulsory education for children under Article 45 in
Part IV of the constitution.

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SCHEME OF

• Right to be informed of the grounds of arrest.

• The detention of a person cannot exceed three months unless an

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