The Swaran Singh Committee, officially known as the Committee on the Review of the Constitution, played a role in the incorporation of Fundamental Duties into the Indian Constitution. The committee was formed in the backdrop of the Emergency in 1975, and it presented its report in 1978. The recommendations of the committee led to the introduction of the 42nd Amendment Act in 1976, which, among other things, included the addition of Fundamental Duties to the Constitution.
- Incorporation of Fundamental Duties:
- One of the significant recommendations made by the Swaran Singh Committee was the inclusion of a new part in the Constitution that deals with Fundamental Duties. The committee proposed the addition of a new chapter titled “Fundamental Duties.”
- Rationale for Fundamental Duties:
- The Swaran Singh Committee recognized the need to balance individual rights with corresponding duties towards the nation. The inclusion of Fundamental Duties was seen as a means to emphasize the responsibilities of citizens in addition to their rights.
- Drafting of Fundamental Duties:
- The committee suggested a set of Fundamental Duties that citizens should adhere to. These duties were intended to promote a sense of civic responsibility, social harmony, and ethical behavior among the citizens of the country.
- Recommendations for Amendment:
- The Swaran Singh Committee’s recommendations were taken up by the government, leading to the introduction of the 42nd Amendment Act of 1976. This amendment made extensive changes to the Constitution, incorporating the recommendations of the committee.
- 42nd Amendment and Fundamental Duties:
- The 42nd Amendment added a new part, Part IVA, to the Constitution, titled “Directive Principles of State Policy and Fundamental Duties.” The Fundamental Duties were explicitly outlined in Article 51A, which listed the duties that citizens are expected to follow.
- Number and Nature of Fundamental Duties:
- The original set of Fundamental Duties, as introduced by the 42nd Amendment, comprised ten duties. Subsequently, the 86th Amendment Act in 2002 added one more duty, bringing the total to eleven. These duties cover a range of responsibilities, including respecting the Constitution, promoting harmony, protecting the environment, and striving for excellence.
- Non-Justiciability and Moral Imperatives:
- The Swaran Singh Committee recommended that Fundamental Duties be non-justiciable, meaning they cannot be enforced by the courts. Instead, they were considered moral and ethical imperatives, guiding the behavior of citizens.
While the inclusion of Fundamental Duties was part of a broader set of constitutional changes brought about by the 42nd Amendment, the recommendations of the Swaran Singh Committee were instrumental in shaping the discourse around the role of citizens and the need for a holistic approach to constitutional values.
