Fundamental Duties

In one minute

Part IVA of the Constitution has one Article, Article 51A. It lists eleven duties of every citizen, from respecting the Constitution to protecting the environment. The 42nd Amendment inserted it, and the 86th Amendment added clause (k). The Article itself creates no offence and no penalty.

Exams ask you to list the duties, to say how they differ from Fundamental Rights, and whether they can be enforced. A common problem asks if a citizen can be prosecuted for breaking a duty.

Legal provision

• Article 51A: 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, and 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 ward between the age of six and fourteen years.
• Insertion: the 42nd Amendment inserted Part IVA and Article 51A with clauses (a) to (j), in force from 3 January 1977. The 86th Amendment inserted clause (k), in force from 1 April 2010.

Meaning and definition

A Fundamental Duty is an obligation that the Constitution names for each citizen. Part III tells citizens what they may claim from the State. Part IVA tells them what they owe the country. The text speaks of "every citizen", so the duties are owed by citizens, not by every person.

The Constitution does not say what happens if a citizen fails in a duty. Article 51A has no clause on punishment. A duty becomes an offence only if Parliament makes a law for it.

Detailed explanation

Step 1: how Part IVA came in

The Constitution of 1950 had no list of duties. In 1976, during the Emergency, a committee under Swaran Singh studied the question, according to standard sources. The 42nd Amendment then inserted Article 51A. Sources report that the committee also suggested penalties for neglect of duty, but Parliament did not adopt that suggestion.

Step 2: the duties in plain words

The eleven clauses can be read in groups. This grouping is for learning only.

• To the Constitution and its symbols: clauses (a) and (b).
• To the nation: clause (c) on sovereignty, unity and integrity, and clause (d) on defence and national service.
• To society: clause (e) on harmony and the dignity of women, clause (f) on culture, and clause (i) on public property and non-violence.
• To nature and knowledge: clause (g) on the environment and clause (h) on scientific temper.
• To excellence: clause (j).
• To children: clause (k), which binds a parent or guardian.

Step 3: the duties are not enforceable by themselves

Article 51A does not say that a court may enforce it. Nor does it say what penalty follows. Like the Directive Principles, the duties are non-justiciable in this sense: a person cannot be prosecuted or sued only for breaking Article 51A.

They differ from the Directive Principles in who is addressed. Part IV is addressed to the State. Part IVA is addressed to the citizen.

Step 4: laws that match some duties

Parliament has made laws that deal with conduct covered by a duty. The Prevention of Insults to National Honour Act, 1971 punishes insult to the National Flag, the Constitution and the National Anthem, which matches clause (a). The Prevention of Damage to Public Property Act, 1984 punishes damage to public property, which matches clause (i). The prosecution rests on the Act, not on Article 51A.

Step 5: how courts use the duties

In Bijoe Emmanuel v. State of Kerala (1986), three schoolchildren stood quietly but did not sing the National Anthem. The Court noted that clause (a) makes it a duty to respect the National Anthem. It said no law obliges anyone to sing it, and standing respectfully shows proper respect. Their expulsion was set aside.

In Vishaka v. State of Rajasthan (1997), the Court listed Article 51A(a) and (e) among the provisions relevant to protecting women from sexual harassment at work.

Don't confuse: rights, principles and duties

Point	Fundamental Rights	Directive Principles	Fundamental Duties
Part and Articles	Part III, Articles 12 to 35	Part IV, Articles 36 to 51	Part IVA, Article 51A
Addressed to	Mainly the State, with rights held by persons or citizens	The State	Every citizen
Enforcement	By writ in court	Not by any court (Article 37)	Not by Article 51A alone; only through a law
Added	1950	1950, with later additions	1976 (in force 1977); clause (k) in 2010

Common mistakes

• Writing that there were eleven duties from the beginning. Ten came in 1976, and clause (k) came later.
• Writing that Article 51A is punishable by itself. It creates no offence.
• Writing that the duties bind every person. They bind every citizen.
• Mixing up Part IV and Part IVA. Part IV holds the Directive Principles, and Part IVA holds the duties.
• Giving the wrong date for clause (k). The 86th Amendment inserted it, in force from 1 April 2010.

Apply it

Leading case laws

• Bijoe Emmanuel v. State of Kerala (1986)

  Facts. Three Jehovah's Witnesses schoolchildren stood quietly during the National Anthem but did not sing. The school expelled them.

  Principle. No law obliges anyone to sing the National Anthem. Standing respectfully is proper respect under clause (a). The expulsion violated Articles 19(1)(a) and 25(1).

  Why it matters. A duty cannot be used to cut down a Fundamental Right without a law.

• Vishaka v. State of Rajasthan (1997)

  Facts. After an alleged gang rape of a social worker in a Rajasthan village, activists and NGOs filed a class action under Article 32 to protect working women.

  Principle. The Court listed Article 51A(a) and (e) among the provisions relevant to the problem.

  Why it matters. It shows the duties used to support a Fundamental Right.

How to write this answer in the exam

Key points to remember

• Part IVA has one Article, Article 51A.
• The 42nd Amendment (in force 3 January 1977) added clauses (a) to (j).
• The 86th Amendment added clause (k), in force from 1 April 2010.
• The duties bind every citizen.
• Article 51A has no penalty. A law is needed to punish.
• Bijoe Emmanuel: no law obliges singing the Anthem.

Quick self-test

Related topics

• Significance
• Judicial Interpretation
• Directive Principles of State Policy