Polity (Fundamental Duties) by Viraj C. Rane

Model Answer

Question #1. The moral value of fundamental duties lies in establishing a balance between rights and responsibilities and promoting a sense of collective well-being. Discuss.

Approach:

• The central idea of the question revolves around the moral values of the Fundamental Duties.
• The question requires you to analyze the role of Fundamental Duties in the Indian Democracy.
• The tone of the question is a balanced one.
• Cite reasons for the responsibility of Fundamental Duties towards the country’s development.
• Conclude your arguments by providing the role of fundamental duties in realizing national goals.

Hints:

Fundamental Duties in the Indian constitution are inspired by the constitution of the erstwhile USSR. Article 51A, which contains fundamental duties, was added to the constitution through the 42nd amendment after Swaran Singh committee recommendations.

As rights and duties are the two sides of the same coin, it is expected that one should observe one’s duties in order to seek the enforcement of one’s fundamental rights. Thus the moral value of fundamental duties is not to stifle rights but to establish a balance, as can be seen from the following points.

• Duty to protect and improve the natural environment including forests, lakes, and rivers balance the fundamental right of other people under article 21 which includes the right to the enjoyment of pollution-free water and air.
• Duty to promote harmony and the spirit of common brotherhood transcending religious, linguistic, and regional or sectional diversities balances the right to freedom of expression under Article 19 which can be misused to incite communal tensions
• Duty to value and preserve our rich heritage duty supports the right of people to conserve language, script, or culture under Art 29.
• Fundamental duty of guardian/parent to provide an opportunity for education to their ward age 6-14 years fulfills fundamental right to education under Art 21A

Thus fundamental duties serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their fellow citizens, their society and to their country and therefore help strengthen democracy

How do fundamental duties make people more responsible for the country’s development?

• Duty to uphold and protect the sovereignty, unity and integrity of India creates awareness that Naxalism, and terrorism act as inhibitors to the country’s development
• Duty to develop scientific temper, humanism, and the spirit of inquiry and reform helps in curbing superstitions and communal divide in society.
• Duty to strive towards excellence in all spheres of individual and collective activity can help the nation rise to higher levels of endeavor and achievement

Conclusion

Though Fundamental Duties are criticized for being merely moral postulates and not having justiciability, they serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them. They create a feeling that the citizens are no mere spectators but active participants in the realization of national goals.

Question #2. What is the nature of Fundamental Duties? Why aren’t they given legal backing like Fundamental Rights? Can they be enforced under special circumstances? Debate, the case for conscription in India, like many developed countries.

Approach:

• Introduce with fundamental duties or its origin (40 words)
• Discuss the nature of fundamental duties (40 words)
• State the reason for its non-enforceability (40 words)
• Explain its enforcement under special circumstances (40 words)
• Debate upon the topic of conscription (90 words)

Hints:

The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties set out in Part IV–A of the Constitution, concern individuals and the nation. The fundamental duties of citizens were added to the constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee.

Nature of fundamental duties:

• Fundamental duties are obligatory in nature. There is no provision in the constitution for direct enforcement of these duties. There is no sanction either to prevent their violation.
• As rights and duties are two sides of the same coin it is expected that one should observe one’s duties in order to seek the enforcement of the fundamental rights.
• Some of the Fundamental Duties belong to the class of moral duties and others and belong to the class of civic duties. For example, cherishing noble ideals of freedom struggle is a moral duty and respecting the constitution, National Flag and National Anthem is a civil duty.

Why fundamental duties were not made enforceable:

• Constitution framers felt that fundamental duties constituted an implied and inseparable part of the chapter on fundamental rights and there was no need for a separate chapter on Fundamental Duties.
• Some critics observed that most of the people were law-abiding. There was no need to tell them to obey laws and abide by their duties.
• The main sweep of the freedom struggle, therefore, was towards assertion of the people’s right to national freedom. All these explain why the founding fathers of the Constitution took pains to ensure basic human rights in Part III of the Constitution.

Enforcement under special circumstances:

• There is neither specific provision for enforceability nor any specific prohibition. However, Fundamental Duties have an inherent element of compulsion regarding compliance.
• It is said that by their nature, it is not practicable to enforce the Fundamental Duties but can be enforced by suitable legislation and departmental rules of conduct, eg., The Prevention of Insults to National Honour Act (1971).
• The duties as such are not legally enforceable in the Courts of law, but if a law has been made to prohibit any act or conduct in violation of the duties, it would be reasonable restriction on the relevant Fundamental Rights.

Conscription is the compulsory enlistment of people in a national service, most often a military service. It dates back to antiquity and continues in some countries to the present day under various names, such as in Russia, Israel, etc.

Reasons for introducing conscription in India:

• It is a way of instilling maturity in young adults. Compulsory military service can give person a sense of discipline and patriotism.
• It is a great leveler; a person can come from a rich or poor background, any ethnic or religious community (and in the case of India, any linguistic background) and they are treated the same way. The time in the armed forces helps mould young people and makes them more tolerant and accommodative.
• In all fairness, India has insecurities with neighbours. If the situation ever deteriorates to the point of war, then having a large pool of trained young men and women would work to India’s advantage.
• It may not be only preparing for war, but would also empower people for dealing with any untoward incident in their own locality such as a disaster.
• Besides being a means of remaining active and fit, it can also be useful for self-defense. Military training can also help in effectively channelizing the energy of the youth.

Arguments against conscription:

• Conscription is controversial for a range of reasons, including conscientious objection to military engagements on personal, religious or philosophical grounds; political objection, for example to service for a disliked government or unpopular war; and ideological objection, for example, to a perceived violation of individual rights. Those conscripted may evade service, sometimes by leaving the country.
• While women, almost always exempt from conscription, are free to pursue work, study and other activities, men’s early career and life prospects can be impeded by conscription.
• Close to 30 crore males and 24 crore females between the ages of 16-49 are fit for military service in India. Annually, 1.2 crore males and 1 crore females attain militarily significant age. This is a huge number and even if a section of them have to be trained, it would require astronomical resources in terms of manpower, infrastructure, finance and equipment.
• Also, with high levels of crime and unemployment and a host of serious internal security challenges, teaching a large number of youngsters to handle weapons and battlefield tactics could have dangerous ramifications.
• Conscription is a useful tool only in thinly populated countries, usually facing an existential crisis, like Israel.

A similar model already exists in schools and colleges in the form of the National Cadet Corps (NCC). The largest youth volunteer organization of its kind in the world with strength of about 15 lakh cadets, its mandate is personality development and inculcating discipline. Once India improves its education system and inculcates moral values, people will understand what is required of them and the situation will improve. Imparting military training is not the way to solve the ills of the society.

Conclusion:

Fundamental duties are intended to serve as a constant reminder to every citizen that while the constitution specifically conferred on them certain Fundamental Rights Hence. These duties play an important role in India, seek to achieve set parameters of progress which cannot be achieved without citizens performing their duties. The Fundamental Duties are laid down to draw the attention of the citizens towards the duties they owe towards their Motherland. It clearly elaborates the thoughts of John .F. Kennedy ", Do not ask what the country can do for you, but ask what you can do for the country".