Fundamental duties were added via 42nd amendment act and part IVA was added to our constitution as per recommendations of sardar swaransingh committee report.
They can be classified as moral duties and civic duties. For example duty to strive towards excellencein all spheres of individual and collective activity is a moral duty, while duty to protect and improvethe natural environment is a civic duty.
Significance of Fundamental duties:
- They also ensure to conserve the soul of Indian tradition as mentioned in the duty to value andpreserve the rich heritage of the country’s composite culture.
- They serve as a source of inspiration for the citizens and promote a sense of discipline andcommitment among them.”
- They create a feeling that the citizens are no mere spectators but activeparticipants in the realization of national goals.
- In 1992 SC in its judgement considered that fundamental duties can be considered to determine reasonable restriction in case of art 14 and art 19
- Parliament can enact law to implement fundamental duties.
Limitation of Fundamental duties:
- Fundamental duties are not precisely defined.
- They themselves are not enforceable unlike fundamental rights.
- Fundamental duties are highly vague and can lead to multiple interpretation.
- Place in the constitution as Part IVA – Instead fundamental duties should have been placed after PartIII to make them at par with Fundamental Rights.
- Fundamental Duties prescribe duties for the citizens and not for the Government for better life andsocial progress.
- There is overlapping and repetition in description of Fundamental Duties.
- Fundamental duties miss some important duties such as casting vote; paying taxes, family planningetc.
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