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Fundamental Duties 3 50 Traps
A comprehensive guide to understanding the most common misconceptions and traps related to Fundamental Duties in
the Indian Constitution. These duties, often misunderstood, play a crucial role in balancing rights with responsibilities in
our democratic framework.
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Origin & Evolution
Trap 1 Trap 2 Trap 3
o Fundamental Duties existed o Swaran Singh Committee o Duties are Indian innovation.
since 1950. suggested all existing Duties.
' Borrowed from USSR
' Added later by 42nd ' It recommended 8; Parliament Constitution (1977).
Amendment (1976). inserted 10 Duties.
Trap 4 Trap 5
o Duties were inserted by 44th Amendment. o Only 10 Duties exist today.
' Actually 42nd Amendment. ' 11 after 86th Amendment (2002).
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Nature & Scope and Specific Duties
Nature & Scope
Trap 6 Trap 7 Trap 8
o Duties are enforceable like FRs. o Duties apply to State also. o Duties are optional moral
values.
' They are non-justiciable (Art. ' They apply only to citizens.
51A). ' They are constitutional
obligations.
Trap 9 Trap 10
o Duties are fixed & exhaustive. o Duties = backward-looking.
' Parliament may add more via amendments. ' They are progressive & future-oriented (scientific
temper, environment).
Specific Duties 3 Tricky Interpretations
Trap 11 Trap 12
o Duty to cherish ideals of freedom struggle is o Duty to uphold sovereignty = only for Army.
symbolic.
' Binding on all citizens (Art. 51A(c)).
' It is a constitutional mandate (Art. 51A(b)).
Trap 13 Trap 14
o Duty to defend nation = only military service. o Harmony duty = only religious.
' Includes national service when called by law (Art. ' Covers religious, linguistic & regional harmony (Art.
51A(d)). 51A(e)).
Trap 15 Trap 16
o Duty to preserve heritage = about monuments o Protect environment = only govt's job.
only.
' Citizens too must act (Art. 51A(g)).
' Includes arts, culture, composite traditions (Art.
51A(f)).
Trap 17 Trap 18
o Develop scientific temper = for scientists only. o Safeguard public property = police job only.
' Applies to all citizens (Art. 51A(h)). ' Every citizen must protect (Art. 51A(i)).
Trap 19 Trap 20
o Strive for excellence = vague slogan. o Education duty = State only.
' It directs citizens to raise individual & national ' Parents/guardians must provide 6314 yrs
standards (Art. 51A(j)). education (Art. 51A(k)).
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Judicial Role & Political Dimensions
Judicial Role & Enforcement
Trap 21 Trap 22
o Courts ignore Duties. o No law can enforce Duties.
' Courts interpret laws in their light (e.g., ' Many laws already exist: Flag Code, Environment
environment). laws, Education Act.
Trap 23 Trap 24
o No penalty for violating Duties. o SC never used Duties in judgments.
' Parliament can attach penalties via ordinary laws. ' Invoked in MC Mehta (environment), AIIMS
Students Union (flag).
Trap 25 Trap 26
o Duties cannot restrict FRs. o Duties are irrelevant in PILs.
' Courts balance FRs with Duties (e.g., free speech ' SC uses them in PILs (environment, education,
limited by Duty to harmony). heritage).
Trap 27 Trap 28
o Courts treat Duties as optional. o Duties have no link to Directive Principles.
' They call them fundamental obligations. ' Both are non-justiciable but essential to
governance.
Trap 29 Trap 30
o Duties weaken Rights. o Duties cannot guide constitutional interpretation.
' They strengthen FRs by balancing duties of ' SC has read Duties into constitutional morality.
citizens.
Political & Social Role
Trap 31 Trap 32 Trap 33
o Duties are purely legal. o Duties are irrelevant in o Duties only burden citizens.
democracy.
' They also have moral, civic, and ' They balance rights with
political value. ' They promote responsible responsibilities.
citizenship & integration.
Trap 34 Trap 35
o Duties conflict with DPSPs. o Duties have no political use.
' They complement DPSPs (e.g., education, ' They are used in policy framing, manifestos.
environment).
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Amendments & Advanced Concepts
Amendments & Expansion
Trap 36 Trap 37 Trap 38
o Duties never changed after o Parliament cannot amend o 44th Amendment modified
1976. Duties. Duties.
' 86th Amendment (2002) ' Only via constitutional ' No 4 only 42nd & 86th did.
added duty for education. amendment, not ordinary law.
Trap 39 Trap 40
o Duties and DPSPs inserted together. o Duties are an Indian novelty.
' DPSPs were in original Constitution (1950); Duties ' Many countries (USSR, Japan, China) also have
added in 1976. duties.
Oddball / Boss-Level Confusion Traps
1 2
Trap 41 Trap 42
o Fundamental Duties apply even to foreigners. o Duties automatically enforceable.
' Only Indian citizens. ' Need enabling laws for enforcement.
3 4
Trap 43 Trap 44
o Non-performance of Duties = unconstitutional act. o Duties are equal to Rights in status.
' Constitution does not penalise directly. ' They are non-justiciable guiding principles.
5 6
Trap 45 Trap 46
o Duties are only symbolic text. o Fundamental Duties are self-executory.
' They carry constitutional weight & guide judiciary. ' Require laws/policies for implementation.
7 8
Trap 47 Trap 48
o Duties are static obligations. o Duties have no connection to nationalism.
' They evolve with society (e.g., environment, ' They promote patriotism & unity.
education).
9 10
Trap 49 Trap 50
o Duties are fully achieved in India. o Duties failed as a concept.
' Many still under-fulfilled (harmony, civic discipline, ' They supplement Rights & DPSPs, shaping a
UCC link). balanced constitutional philosophy.
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