LUXMIKANT POLITY CRUX NOTES-CHAPTER-9

What are Fundamental Duties:- 1.       Rights and duties: Correlative, inseparable

2.       Original constitution: only rights, no duties for citizens.

Ø  Duties of states: DPSP

3.       FDs added with the 42nd CA 1976.

Ø  One more through the 86th CA 2002. (Right to Edu. Amendment)

4.       Inspired by USSR, where rights and duties were inseparable

Ø  Also, in Japanese constitution.

5.       Other major democracies do not list FDs in their constitutions (like Germany, USA etc.)

6.       Through 42nd CA, 1976 – 10 F.D + 2 – 86th CA 2006

7.       From RUSSIA

Part IV (A) Recommended by – Swaran Singh Committee to make citizen Conscious – Art 51 (A)
LIST OF FUNDAMENTAL DUTIES In starting 10 duties (a-j), Later 2002, 11th duty was added

a)       Respect towards Constitution (Consitution), National Flag, Anthem.

b)       Cherish & follow noble ideals of National struggle.

c)       To uphold, protect sovereignty, unity and Integrity.

d)       To defend the Country & provide military service when called upon.

e)       To promote harmony and the spirit of common brotherhood.

f)        To value and preserve the rich cultural heritage.

g)       To protect and improve the natural environment like forests, lakes, rivers etc.

h)       Develop scientific temper, humanism and the spirit of inquiry & reform.

i)         Safeguard public property & to abjure violence.

j)        To strive excellence in all spheres.

k)       To provide education opportunities for his child from (6-14) years.

SIGNIFICANCE OF FUNDAMENTAL DUTIES ·         Non-Justiciable in nature.

·         Refer – values – part of – Indian Tradition, Mythology, religion & practices.

·         Contain just a codification of tasks integral to the Indian way of Life.

Criticism ·         Does not cover exhaustively other duties such as casting vote, paying taxes, family planning so on

·         Of the duties are ambiguous and difficult to be understood by common man – composite culture,  scientific temper

·         Superfluous

·         Critics of moral code due to non-justiciable nature

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