Political Science Notes Part 5: Fundamental Duties and Amendment of the Constitution for UPSC, PSC, SSC CGL

Detailed Notes

Chapter 9: Fundamental Duties

Introduction

Fundamental Duties, enshrined in Part IV-A (Article 51A) of the Indian Constitution, outline the responsibilities of citizens toward the nation, complementing Fundamental Rights (Part III). While Fundamental Rights protect individual liberties, Fundamental Duties foster responsibility, discipline, and commitment to national goals. As the Supreme Court has observed, “Duties are equally important as rights in a democracy”, emphasizing their role in building a responsible citizenry.

Background and Need

• Original Absence: The Constitution, as adopted in 1950, did not include Fundamental Duties, as framers assumed citizens would naturally fulfill their responsibilities.
• Post-Emergency Realization: The 1975–77 National Emergency highlighted the need for explicit duties to ensure civic responsibility and national unity.
• Introduction:
  • Added by the 42nd Constitutional Amendment Act, 1976, based on the Swaran Singh Committee recommendations.
  • Article 51A lists 11 Fundamental Duties, aimed at promoting patriotism and social harmony.

List of Fundamental Duties (Article 51A)

Every Indian citizen shall:

1. Abide by the Constitution and respect its ideals, institutions, the National Flag, and the National Anthem.
2. Cherish and follow the noble ideals of the freedom struggle.
3. Uphold and protect India’s sovereignty, unity, and integrity.
4. Defend the country and render national service when called upon.
5. Promote harmony and a spirit of common brotherhood, transcending religious, linguistic, and regional differences.
6. Value and preserve India’s rich composite cultural heritage.
7. Protect and improve the natural environment, including forests, lakes, rivers, and wildlife, with compassion for living creatures.
8. Develop scientific temper, humanism, and a spirit of inquiry and reform.
9. Safeguard public property and abjure violence.
10. Strive for excellence in individual and collective activities.
11. Provide educational opportunities for children aged 6–14 years (added by 86th Amendment Act, 2002).

Key Features of Fundamental Duties

• Applicability: Apply only to citizens, not foreigners.
• Non-Enforceable: Moral obligations, not legally enforceable by courts, though laws can enforce specific duties.
• Purpose: Promote responsible citizenship, balancing rights with duties.
• Civic Role: Serve as a reminder that democratic participation requires active contribution, not just entitlement.

Importance of Fundamental Duties

• Balance Rights and Duties: Rights and duties are interdependent, ensuring a harmonious society.
• Promote Patriotism: Encourage respect for national symbols and unity, e.g., honoring the National Flag.
• Protect Public Property: Deter vandalism and misuse of public assets.
• Environmental Responsibility: Mandate protection of nature, aligning with global sustainability goals.
• Strengthen Democracy: Foster active, informed citizens, enhancing democratic values.

Enforceability of Fundamental Duties

• Non-Legal Enforceability:
  • No direct penalties for non-compliance, as duties are moral in nature.
  • However, Parliament can enact laws to enforce specific duties.
• Examples of Enforcing Laws:
  • Prevention of Insults to National Honour Act, 1971: Punishes disrespect to the National Flag or Anthem (aligned with Article 51A(a)).
  • Environmental Protection Act, 1986: Supports duty to protect the environment (Article 51A(g)).
• Judicial Role:
  • Courts indirectly uphold duties by using them to interpret constitutional provisions or justify restrictions on Fundamental Rights.
  • AIIMS Students Union Case (2002): The Supreme Court held that Fundamental Duties can guide constitutional obligations and support reasonable restrictions.

Comparison: Fundamental Rights vs. Fundamental Duties

Important Amendments

• 42nd Amendment Act, 1976: Introduced 10 Fundamental Duties under Article 51A.
• 86th Amendment Act, 2002: Added the 11th duty, mandating parents/guardians to provide education for children aged 6–14 years.

Criticism of Fundamental Duties

• Vague Language: Broad terms (e.g., “scientific temper”) lack clear implementation guidelines.
• Non-Enforceable: Absence of legal sanctions reduces effectiveness, seen as mere ideals.
• Moral Appeals: Critics argue duties remain symbolic without practical enforcement.
• Counterpoint:
  • Foster civic awareness and moral responsibility over time.
  • Influence laws and judicial interpretations, e.g., environmental protection policies.

Conclusion

Fundamental Duties complement Fundamental Rights, fostering a responsible citizenry essential for India’s democratic fabric. By promoting patriotism, environmental stewardship, and social harmony, they strengthen national unity and constitutional values. Though non-enforceable, their moral weight guides citizens and policymakers, ensuring India’s progress toward a just and cohesive society.

Chapter 10: Amendment of the Constitution

Introduction

The Indian Constitution balances rigidity and flexibility, allowing amendments to adapt to societal changes while preserving its core principles. Article 368 (Part XX) outlines the amendment process, enabling Parliament to modify the Constitution to meet evolving needs. As Dr. B.R. Ambedkar noted, “The Constitution should be flexible enough to grow with the nation”, ensuring its relevance without compromising its foundational values.

Constitutional Provisions

• Article 368: Governs the amendment process, specifying three types of amendments:
  1. By Simple Majority: Outside Article 368, like ordinary laws.
  2. By Special Majority: Requires a higher parliamentary threshold.
  3. By Special Majority + State Ratification: Involves states for federal provisions.

Types of Amendments

1. By Simple Majority of Parliament
   • Procedure: Same as passing ordinary legislation, not considered under Article 368.
   • Examples:
     • Admission/establishment of new states (Article 2).
     • Alteration of state boundaries/names (Article 3).
     • Changes to Second Schedule (salaries of President, judges).
     • Creation/abolition of state Legislative Councils (Article 169).
   • Significance: Facilitates administrative adjustments without complex processes.
2. By Special Majority of Parliament
   • Procedure: Requires:
     • Majority of the total membership of each House (>50%).
     • Two-thirds majority of members present and voting.
   • Examples:
     • Amendments to Fundamental Rights (e.g., 86th Amendment, Article 21A).
     • Amendments to DPSPs (e.g., 42nd Amendment, Article 39A).
     • Election process for President or Vice-President.
   • Significance: Ensures broader consensus for significant constitutional changes.
3. By Special Majority + Ratification by Half of States
   • Procedure:
     • Special majority in Parliament (as above).
     • Ratification by at least half of State Legislatures (simple majority in each).
   • Examples:
     • Changes to President’s election (Article 54).
     • Alterations to Seventh Schedule (Union, State, Concurrent Lists).
     • Representation of states in Rajya Sabha.
     • Jurisdiction of Supreme Court and High Courts.
   • Significance: Protects federal structure by involving states in key amendments.

Important Features of Amendment Procedure

• Rigidity and Flexibility: Combines easy amendments (simple majority) with stringent requirements (special majority + state ratification).
• No Referendum: Unlike some countries (e.g., Australia), amendments do not require public voting.
• Presidential Assent: The President must assent to amendment bills, with no veto power.
• Judicial Oversight: Amendments can be challenged if they violate the Basic Structure doctrine (Kesavananda Bharati, 1973).

Major Constitutional Amendments

• 1st Amendment (1951): Curbed freedom of speech, added Ninth Schedule to protect land reforms.
• 42nd Amendment (1976): Known as the “Mini Constitution”, strengthened the Centre, added Fundamental Duties, and inserted “Socialist, Secular, Integrity” in the Preamble.
• 44th Amendment (1978): Reversed 42nd Amendment excesses, strengthened Fundamental Rights (e.g., protected Article 21 during emergencies).
• 73rd & 74th Amendments (1992): Granted constitutional status to Panchayati Raj and Municipalities.
• 86th Amendment (2002): Added Right to Education (Article 21A) and a new Fundamental Duty.
• 101st Amendment (2016): Introduced Goods and Services Tax (GST).
• 103rd Amendment (2019): Provided 10% reservation for Economically Weaker Sections (EWS).

Judicial Review of Constitutional Amendments

• Key Question: Can Parliament amend any part of the Constitution freely?
• Answer: No, amendments cannot violate the Basic Structure of the Constitution.
• Key Supreme Court Cases:
  • Shankari Prasad Case (1951): Upheld Parliament’s unrestricted power to amend Fundamental Rights.
  • Golaknath Case (1967): Ruled Parliament cannot amend Fundamental Rights, limiting amendment power.
  • Kesavananda Bharati Case (1973): Introduced the Basic Structure Doctrine, allowing amendments but prohibiting changes to essential features.
  • Indira Nehru Gandhi Case (1975): Struck down parts of the 39th Amendment (election disputes) for violating Basic Structure.
  • Minerva Mills Case (1980): Reinforced that the balance between Fundamental Rights and DPSPs is part of the Basic Structure, limiting Parliament’s power.

Basic Structure Doctrine

• Meaning: Certain core features of the Constitution are unamendable, ensuring its fundamental character remains intact.
• Examples of Basic Structure:
  • Supremacy of the Constitution.
  • Republican and democratic form of government.
  • Secularism.
  • Separation of powers.
  • Federalism.
  • Judicial independence.
• Significance:
  • Protects democracy, rule of law, and citizens’ rights from arbitrary changes.
  • Establishes the Constitution as supreme, with Parliament as its subordinate.

Important Points About Amendment Procedure

• Initiation: Only Parliament can initiate amendments; states cannot.
• No Joint Sitting: Unlike ordinary bills, amendment bills cannot be resolved via joint sessions.
• Presidential Role: Mandatory assent, no discretion to withhold.
• Judicial Protection: The judiciary safeguards the Constitution’s core through the Basic Structure doctrine.

Comparison with Other Countries

Criticism of Amendment Procedure

• Complexity: Ratification by half the states for certain amendments is cumbersome.
• Undefined Basic Structure: Lack of a clear definition creates judicial ambiguity.
• Political Misuse: Amendments like the 42nd Amendment were criticized for serving ruling party interests.
• Counterpoint:
  • Balances adaptability with stability.
  • Basic Structure doctrine prevents misuse, ensuring constitutional integrity.

Conclusion

The amendment procedure under Article 368 strikes a balance between flexibility to address societal changes and rigidity to protect core constitutional values. The Basic Structure Doctrine ensures that India remains a constitutional democracy, safeguarding Fundamental Rights, federalism, and secularism. By allowing controlled evolution, the amendment process upholds the Constitution’s vision of justice, liberty, equality, and fraternity.