Why duties were added at all
Along with rights come duties.
But the Constitution that came into force in 1950 had only rights. It gave citizens protections and asked nothing in return.
That changed in 1976. The government set up the Sardar Swaran Singh Committee to suggest constitutional changes, and it recommended adding a list of citizen duties. Parliament agreed, and the 42nd Amendment Act, 1976 added a new Part IV-A with a single article — Article 51A.
That changed in 1976, during the Emergency. The government appointed the Sardar Swaran Singh Committee to recommend constitutional changes, and the committee suggested adding a chapter of citizen duties. Parliament accepted, and the 42nd Amendment Act, 1976 inserted a new Part IV-A into the Constitution, containing a single article — Article 51A.
The idea came from the Constitution of the USSR, which listed duties alongside rights. Nearly every democratic constitution of that era listed only rights; the socialist constitutions listed both.
The Swaran Singh Committee recommended eight duties. The 42nd Amendment enacted ten. Parliament added two of its own that the committee had not proposed. The mismatch between 8 and 10 is a favourite exam point.
Ten became eleven
The 86th Amendment Act, 2002 added an eleventh duty.
That amendment is better known for something else — it inserted Article 21A, making free and compulsory education a Fundamental Right for children aged 6 to 14. Having created the right, Parliament also created the matching duty: Article 51A(k), requiring parents and guardians to provide education to their children in that same age group.
Added Part IV-A and Article 51A with ten duties, on the recommendation of the Swaran Singh Committee.
Added the eleventh duty, Article 51A(k) — parents must provide education for children aged 6 to 14.
Rights came first in 1950. Duties came in 1976. The eleventh duty came in 2002. Right to education and the duty to educate arrived together, in the same amendment.
The eleven duties
Article 51A says it shall be the duty of every citizen of India:
| Clause | Duty |
|---|---|
| 51A(a) | To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem |
| 51A(b) | To cherish and follow the noble ideals of the freedom struggle |
| 51A(c) | To uphold and protect the sovereignty, unity and integrity of India |
| 51A(d) | To defend the country and render national service when called upon |
| 51A(e) | To promote harmony and brotherhood among all Indians, and to renounce practices derogatory to the dignity of women |
| 51A(f) | To value and preserve the composite culture and heritage of India |
| 51A(g) | To protect and improve the natural environment and have compassion for living creatures |
| 51A(h) | To develop the scientific temper, humanism, and the spirit of inquiry and reform |
| 51A(i) | To safeguard public property and abjure violence |
| 51A(j) | To strive towards excellence in all spheres of individual and collective activity |
| 51A(k) | To provide education to one's child or ward between the ages of six and fourteen — added 2002 |
51A(g) — the duty to protect the natural environment and show compassion to living creatures — is the clause courts cite most often. It has been used in environmental judgments to support directions the state might otherwise have resisted.
Which is the only Fundamental Duty added after 1976, and by which amendment?
Article 51A(k), the duty of parents to provide education to children aged 6 to 14, added by the 86th Amendment in 2002.
Why courts cannot enforce them
Fundamental Duties are non-justiciable. That means no court can order a citizen to perform one, and no citizen can be punished simply for failing to perform one.
A justiciable provision can be enforced by going to court. Fundamental Rights are justiciable — a court will strike down a law that violates them. Fundamental Duties and the Directive Principles are non-justiciable — they state what ought to happen, but the courtroom is not where they are enforced.
That does not make them empty. Two things give them real effect.
Parliament can legislate on them. The duties themselves are not enforceable, but Parliament may pass ordinary laws that make specific conduct punishable. The Prevention of Insults to National Honour Act punishes disrespect to the National Flag and Anthem — which turns 51A(a) into something with teeth, through statute rather than through the Constitution.
Courts use them to interpret. When a judge has to decide whether a law is reasonable, the Fundamental Duties supply context. A restriction that supports a constitutional duty is easier to defend as reasonable.
Unlike many Fundamental Rights, which extend to all persons including foreigners, Fundamental Duties bind citizens alone. Article 51A opens with the words every citizen of India.
Duties, Rights and Directive Principles
Three sets of provisions, easily confused. The distinction is what each one is addressed to, and whether a court will enforce it.
| Fundamental Rights | Directive Principles | Fundamental Duties | |
|---|---|---|---|
| Part | Part III | Part IV | Part IV-A |
| Articles | 12–35 | 36–51 | 51A |
| Addressed to | The State — as limits | The State — as goals | The citizen |
| Enforceable in court? | Yes | No | No |
| Added | Original, 1950 | Original, 1950 | 1976 |
Rights limit the state. Directive Principles guide the state. Duties address the citizen. Only the first can be taken to court.
Everything on one look
The eleven duties, the two amendments and the reason none of it is enforceable.
- Part IV-A — the whole of Fundamental Duties
- Article 51A — the only article in that Part
- 11 duties today
- 10 duties when introduced in 1976
- 8 duties recommended by the Swaran Singh Committee
- 26 years passed before duties were added at all
- 1950 — Constitution has rights, no duties
- 1976 — Swaran Singh Committee recommends duties
- 1976 — 42nd Amendment adds Part IV-A and 10 duties
- 2002 — 86th Amendment adds the 11th duty, 51A(k)
- Borrowed from the Constitution of the USSR
- Fundamental Duties were not in the original Constitution — they were added in 1976
- The Swaran Singh Committee recommended 8 duties; Parliament enacted 10
- There are 11 duties today, not 10 — the 86th Amendment added one in 2002
- Article 51A is the only article in Part IV-A
- Fundamental Duties are non-justiciable — no court can compel a citizen to perform one
- Duties apply to citizens only, not to all persons
- The duties were borrowed from the USSR Constitution, not from any Western democracy
- 51A(k) and Article 21A came from the same amendment — the 86th, in 2002
- Parliament can pass ordinary laws to enforce specific duties, even though the duties themselves are not enforceable
- Part IV-A of the Constitution contains the Fundamental Duties
- Article 51A is the only article in Part IV-A
- The Constitution originally had no Fundamental Duties — they were added in 1976
- The 42nd Amendment, 1976 inserted Part IV-A with ten duties
- The Swaran Singh Committee recommended eight duties; Parliament enacted ten
- The 86th Amendment, 2002 added the eleventh duty, Article 51A(k)
- Article 51A(k) requires parents to educate children aged 6 to 14
- The same 86th Amendment also created Article 21A, the right to education
- The idea of listing duties was borrowed from the USSR Constitution
- Fundamental Duties are non-justiciable — no court can compel a citizen to perform them
- Duties bind citizens only, unlike many rights which extend to all persons
- Article 51A(g) covers protecting the environment and showing compassion to living creatures
- Parliament can pass ordinary laws that punish breaches of specific duties