Fundamental Duties and Limits on Rights
NCERT Class 11 - Indian Constitution at Work, Chapter 2
Fundamental Duties and Limits on Rights
Fundamental Duties were not in the original Constitution. They were added by the 42nd Amendment of 1976 in Part IVA, Article 51A, on the recommendation of the Swaran Singh Committee. There were ten originally and an eleventh was added in 2002.
The eleven duties
- To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
- To cherish and follow the noble ideals of the freedom struggle.
- To uphold and protect the sovereignty, unity and integrity of India.
- To defend the country and render national service when called upon.
- To promote harmony and the spirit of common brotherhood among all people, and to renounce practices derogatory to the dignity of women.
- To value and preserve the rich heritage of our composite culture.
- To protect and improve the natural environment - forests, lakes, rivers and wildlife - and to have compassion for living creatures.
- To develop the scientific temper, humanism and the spirit of inquiry and reform.
- To safeguard public property and to abjure violence.
- To strive towards excellence in all spheres of individual and collective activity.
- Added by the 86th Amendment of 2002 - for a parent or guardian to provide opportunities for education to a child between six and fourteen years.
Status of the duties
| Point | Fundamental Rights | Fundamental Duties |
|---|---|---|
| Part of the Constitution | Part III | Part IVA |
| Introduced | Original Constitution | 42nd Amendment, 1976 |
| Enforceable in court | Yes, directly | No, not directly enforceable |
| Applies to | Citizens, some to all persons | Citizens only |
| Source | United States model | Soviet model |
- The duties are non-justiciable - a citizen cannot be punished by a court simply for failing to perform one.
- However, Parliament can pass laws giving effect to them, and such laws are enforceable; the courts also use the duties to interpret other provisions, especially on the environment.
- The Verma Committee of 1999 noted that several legal provisions already exist to enforce some of these duties.
Limits on Fundamental Rights
- No right is absolute; each carries reasonable restrictions on stated grounds, and the courts decide whether a restriction is reasonable.
- During a National Emergency, Article 19 is automatically suspended under Article 358, but only when the emergency is declared on grounds of war or external aggression.
- Under Article 359, the President may suspend the right to move courts for other Fundamental Rights, but Articles 20 and 21 can never be suspended after the 44th Amendment of 1978.
- Article 33 permits Parliament to restrict the rights of the armed forces and police, and Article 34 allows restrictions where martial law is in force.
- The Ninth Schedule, added by the First Amendment in 1951, protected certain laws from challenge; the Supreme Court later held that laws placed in it after 24 April 1973 can still be tested against the basic structure.
हिंदी संकेत: मूल कर्तव्य 42वें संशोधन, 1976 से जोड़े गए, स्वर्ण सिंह समिति की सिफारिश पर। शुरुआत में दस थे, ग्यारहवां 86वें संशोधन, 2002 से जुड़ा।
Exam me kaise aata hai
Factual questions ask which amendment and committee introduced the duties, how many there are, and which one was added last. Statement-based questions test whether duties are enforceable - they are not directly. Match-the-following compares rights and duties on key features.
UPSC / State PSC ke liye
For a descriptive answer, present duties as the moral counterpart of rights, reminding citizens that rights are sustained by responsible conduct. Note the standard criticism - the list is vague, some terms are undefined, and there is no machinery to enforce them - and note in reply that the environment duty has been used effectively in judicial reasoning.
Yahan confuse hote hain
✗ Fundamental Duties were in the original Constitution | ✓ They were added by the 42nd Amendment in 1976
✗ There are ten Fundamental Duties today | ✓ There are eleven; the eleventh was added in 2002
✗ All Fundamental Rights can be suspended during an emergency | ✓ Articles 20 and 21 can never be suspended
Ek nazar me
- Fundamental Duties are in Part IVA, Article 51A, added by the 42nd Amendment of 1976.
- The Swaran Singh Committee recommended them, on the Soviet model.
- Ten duties originally; the eleventh, on a parent providing education, was added by the 86th Amendment in 2002.
- Duties are non-justiciable but can be given effect through law.
- No Fundamental Right is absolute; all carry reasonable restrictions.
- Article 358 suspends Article 19 in a war emergency; Articles 20 and 21 can never be suspended.
Ab isi chapter ke questions ExamAtlas mock test me practice karo.