While the whole society is busy talking about rights, it is desirable to know the duties too enshrined in the holy document i.e. the Constitution of India. A duty is something a man is supposed to do or not to do. It is an attribute of being a social animal. A right in regard to one’s self is a duty in regard to others. Duties and rights are the two sides of the same coin.
Gandhi Ji gave more importance to duties than rights. To quote him, “… the right to perform one’s duties is the only right that is worth living for and dying for. It covers all legitimate rights.” In Kathiawad Political Conference, 1925, he remarked: “the true source of right is duty… if we all discharge our duties, rights will not be far to seek…”
Origin of Fundamental Rights: Gift by the Socialist States
The concept of fundamental rights owes its origin to the socialist nations. USSR set the tradition and other socialist states followed it. Soviet Constitution declares that the “citizen’s exercise of their rights and freedom is inseparable from the performance of their duties and obligations.” It also provides that “a citizen of the USSR is obliged to respect the rights and lawful interest of other persons, to be uncompromising towards anti-social behaviour, and to help maintain the public order.”
Recommendations of Swaran Singh Committee:
Fundamental rights were not originally incorporated in Indian Constitution. During the emergency, the government appointed a committee under Sardar Swaran Singh to make necessary recommendations about Fundamental duties. The committee suggested the inclusion of a new chapter as fundamental duties in the Constitution. The committee proposed that “the Parliament may by law provide for the imposition of such penalty or punishment as may be considered appropriate for any non-compliance with or refusal to observe any of the duties.” The committee had also suggested that duty to pay taxes should be the fundamental duty of every citizen. But it was refused by the then government.
Incorporation of Fundamental Duties by Forty-Second Amendment Act, 1976:
On the basis of the Swaran Singh Committee Report, a new chapter (Chapter IVA) was added to the Constitution by the 42nd Amendment Act, 1976. There are 11 fundamental duties in Article 51A. It says it shall be the duty of every citizen of India-
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
The committee also recommended some other duties to be incorporated in the Chapter mainly:
- To foster a spirit of family values and responsible parenthood in the matter of education, physical and moral well being of children.
- Duty of industrial organisations to provide education to children of their employees.
Inclusion of Fundamental Duties was the first attempt of make the citizens realize their obligation towards the family, society as well as the nation. It tried to strike out a balance between the freedoms and obligations of a citizen.
Source:
Dr Fadia, B.L., Indian Government and Politics, Sahitya Bhawan, Agra, 2014.
