Personal duties and Fundamental duties of citizens as per Constitution of India

[CA DEV KUMAR KOTHARI]

FUNDAMENTAL DUTIES OF CITIZEN UNDER THE CONSTITUTION OF INDIA (COI) requires only personal care and commitment- all must introspect his past to improve discharging of personal fundamental duties.

Article.51A - Fundamental Duties

General – Duties a person:

Before discussing Fundamental Duties as provided in the COI it is necessary to discuss about personal duties of a person. In simple words and on basis of ground realities of personal- family - socio-economic requirements , in personal opinion of author every person has some duties which can be illustrated and  arranged in the following order, keeping in mind the day to day connectivity, importance and relevance in his life. For discharging duties towards others it is essential that he himself and his family are fit and healthy, so that he can himself and with help of his family discharge other duties:

(a) Duties for himself – to keep discipline in all manner so that one can be healthy and active and able to discharge his other duties. A person has right to live, but that right is accompanied with personal duties. If one fails in his duties for himself, even his natural as well as fundamental right to live will become meaningless.

(b) Duties for his family- depending on relationship with other family members everyone has some duties towards other family members.

(c) Duties towards relatives, friends, neighbours and associates – to join in sad moments like death, to extend help in case of need, if possible. To convey /send greetings best wishes on occasions. To join, if suitably invited, in happy moments like marriage, birth of child, festivals.

(d) Towards nation and world (society):

(i) to keep active as much as possible so that one can work for himself, his family, and society. Without working, it will not be possible to discharge any duty, including duty for himself.

(ii) To help society to keep clean environment (underground, on ground and above ground), avoid wastages, conserve resources. This must start from his home spread to neighbourhood, and society. For this purpose one should draw attention of concerned authorities, even if required repeatedly and even if some attempts fails.

(iii) To spread knowledge, information, and good aspects of life for the benefit of society as far as possible.

(iv) To promote activity and to discourage unproductive activities beyond a reasonable time. For example, Pooja and prayers must be for some time and not for longer durations. On longer duration it becomes counterproductive. We must have faith in gods, we must remember god, and whether we pray for few seconds or few months is immaterial.

Fundamental duties under the Constitution of India (COI):

Chapter IV A consisting of only one article having sub-articles or clauses a –j were inserted  by the Constitution (Forty-second Amendment) Act, 1976 (w.e.f. 3-1-1977).

Clause k was inserted by the Constitution (Eighty-sixth Amendment) Act, 2002 ( for which effective  date is  not yet notified).

Therefore, we find that before 03.01.1977 any fundamental duties were not stated in the Constitution of India. Though we find several fundamental rights. It is unfortunate that most of people are aware of fundamental rights but many are unaware of fundamental duties. May be that it is god made nature that one want to exercise all his rights but may avoid duties, if he can and may forget to perform duties.

It appears that the fundamental duties under the COI mostly require only personal attention care   and commitment (PACC) of a citizen. Personal resources (PR) are not required, though one can optionally contribute personal resources by devoting his time which has value,  deploying people, contributing money or property.

In the following table in left column provision is reproduced with highlights added for an analysis and important catchwords for summarization and memorization. In Right column observations of author are given in which following abbreviations are used.

Only Personal attention, care and commitment required (PACCR)

 Optionally one can contribute personal resources. (OC)

From the Constitution of India (with highlights added)	Observations
Article.51A. Fundamental Duties.-
It shall be the duty of every citizens of India-
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;	PACCR
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;	PACCR / OC
(c) to uphold and protect the sovereignty, unity and integrity of India;	PACCR/ OC
(d) to defend the country and render national service when called upon to do so;	PACCR /OC
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;	PACCR/ OC
(f) to value and preserve the rich heritage of our composite culture;	PACCR /OC
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;	PACCR/ OC
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;	PACCR/ OC
(i) to safeguard public property and to abjure violence;	PACCR/ OC
(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.	PACCR/ OC
*[(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.]	PACCR / OC-because education in this period is free in government schools.

From above we find that for discharging fundamental duties we are required to care for the same and have commitment for the same. Any personal resources are not required- except some time and efforts which we can devote incidentally while working. It is important to say that for discharging fundamental duties, one must have open eyes, mind and soul  so that he can have eagerness and commitment to discharge his fundamental duties.

Everyone must have an introspection of himself and make a self-assessment for the past so that he can be prepared to avoid short-comings, mistakes and omissions made in past and in future can discharge his duties (personal as well as fundamental duties) in better way.