Citizen – The Most Important Title Of New India

"You all have a responsibility to be an active citizen and citizenship isn't only about rights but it is equally about duties towards the society." - The Chief Justice of India, SA Bobde gave voice to this statement on 18th January 2020 while addressing the 107th convocation of the Rashtrasant Tukadoji Maharaj Nagpur University (RTMNU). (1)

The idea of citizenship and what means to be a ‘citizen’ of this country has acquired a new meaning, content, and purpose in democratic India in the past few months and while we repeatedly shout for ‘Azadi’ and our rights, we must not show our back to our responsibilities and duties.

Fundamental duties were incorporated in Part IV-A of our constitution by the 42nd Constitutional Amendment Act, 1976 under the recommendation of the Swaran Singh Committee and borrowed from the USSR constitution. Originally, 10 duties were added but an 11th duty was added after the 86th Amendment Act of 2002. Though non-enforceable, these duties are a constant reminder to build a free, healthy, cooperative, and responsible society that accepts and understands each other’s differences and willingly participates as a group towards the growth of this country.

The fundamental duties add a responsibility on every parent or guardian of this nation to ensure that their child is educated about their responsibility as a citizen of this nation because the purpose of education is not just to cement the bricks of proven facts in your brain. Your education should not end up with you becoming a part of an assembly line of a production unit but it should re-orient your moral compass to collectively march towards a goal that will undoubtedly become a stepping stone in building the new India.

These 11 fundamental duties which are mentioned below closely connect the ideas of education, discipline, heritage, culture, defense, scientific temper, and environment to promote a spirit of common brotherhood, excellence and nationalism that is above any religion or faith:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for freedom.
3. To uphold and protect the sovereignty, unity, and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures.
8. To develop the scientific temper, humanism, and the spirit of inquiry and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.
11. Who is a parent or guardian, to provide opportunities for education to his child, or as the case may be, ward between the ages of six to fourteen years.

Jurisprudence credits the intertwining of rights and duties to the constant evolution of law which is the only way forward for a society to develop. The Apex court of India in the case of State of Rajasthan vs. Union of India(2) said that “In a strict sense, legal rights are correlative of legal duties and are defined as interests whom the law protects by imposing corresponding duties on others.” Jurists like Austin and Salmond have also emphasized that rights and duties are co-existing. It was Salmond who said that “there can be no rights without a corresponding duty and vice-versa. Every right and duty has a bond of legal obligation.”(3) According to this, every duty must be a duty towards a person or some person, in whom a correlative right is vested and conversely, every right must be a right against some persons upon whom, a correlative duty is imposed. Similarly, in A.I.I.M.S. Student’s Union vs. A.I.I.M.S (4) made it clear that though not enforceable by a writ of the court, yet citizen duties provide valuable guidance and aid to interpretation and resolution of constitutional and legal issues. In case of doubt, peoples’ wish as expressed through Article 51-A can serve as a guide not only for resolving the issue but also for constructing or molding the relief to be given by the courts. The fundamental duties must be given their full meaning as expected by the enactment of the Forty-second Amendment.

Subsequently, Article 29(1) of the Universal Declaration of Human Rights also states that ‘Everyone has duties to the community in which alone the free and full development of his personality is possible.’ We all have a duty to other people, and we should protect their rights and freedoms.

Therefore, in the same manner, we emphasize securing our rights, we need to remember our fundamental duties as well. Every citizen of this country plays a key role in building our nation and when everyone will perform their duties, it will automatically pave way for an even better society. Former president of the USA, Barrack Obama in 2014 when speaking to the Clinton Global Initiative in New York talked about the significance of civil society and the most important title being that of a ‘citizen’. “The most important title is not 'president' or 'prime minister'; the most important title is 'citizen’. Citizens remind us why civil society is so essential. When people are free to speak their minds and hold their leaders accountable, governments are more responsive and more effective. When communities, including minorities, are free to live and pray and love as they choose; when nations uphold the rights of all their people -- including, perhaps especially, women and girls -- then those countries are more likely to thrive. If you want strong, successful countries, you need strong, vibrant civil societies. When citizens are free to organize and work together across borders to make our communities healthier, our environment cleaner, and our world safer, that's when real change comes.”(5)

In our society, interdependence is as important as independence. Even in ancient times, whether it be Indians, Romans, or Greeks, great emphasis was laid on “kartavya” - the performance of one’s duties towards society, his/her country, and his/her parents. But it is unfortunate that in modern times the performance of duties has not been given greater attention and priority. It is only by fulfilling our civic duties and being of service to others we can lead this nation towards development and prosperity. It is the citizens who have sparked great changes and progress throughout history and fought to determine their future and it is only by walking on the moral path of the universe, we can once again arc towards justice and betterment of our society.

[The author, Architi Batra is a fourth-year B.a. L.L.B(H) student at Vivekananda Institute of Professional Studies, GGSIPU and is an Editor at Niti Manthan]

Disclaimer: This article is an original submission of the Author. Niti Manthan does not hold any liability arising out of this article. Kindly refer to our Terms of use or write to us in case of any concerns.

1. PTI, “Citizenship isn't just about rights, but also about duties: Chief Justice of India”, Times of India, Jan 18, 2020, 20:45 IST, available at https://m.timesofindia.com/india/citizenship-isnt-just-about-rights-but-also-about-duties-chief-justice-of-india/amp_articleshow/73356814.cms (last visited on 25th January 2020)
2. State of Rajasthan vs. Union of India [AIR (1977) SC 1361]
3. Nirupama V. Shankar, “Rights and duties in Jurisprudence”, Legal bites – Law & Beyond, June 6, 2018, available at https://www.legalbites.in/rights-duties-jurisprudence/ (last visited on 25th January 2020)
4. A.I.I.M.S. Student’s Union v. A.I.I.M.S [AIR 2001 SC 3262]
5. Tanya Somanader, "The Most Important Title is 'Citizen'": President Obama on the Significance of a Civil Society”, the White House, President Barrack Obama Archives, Sept 23, 2014, at 5:09 PM ET, available at https://obamawhitehouse.archives.gov/blog/2014/09/23/most-important-title-citizen-president-obama-importance-civil-society (last visited on 25th January 2020)