Swaran Singh Committee, Recommendations, Key Details

The Swaran Singh Committee was formed in 1976 to review the Indian Constitution and suggest ways to strengthen national unity and governance. It was headed by Sardar Swaran Singh and recommended the inclusion of Fundamental Duties for citizens. The committee emphasized that citizens should balance their rights with responsibilities toward the nation. Its suggestions were implemented through the 42nd Constitutional Amendment Act, 1976, which added Part IV-A (Article 51A) on Fundamental Duties. All the key recommendations of this committee have been discussed below in detail.

Recommendations of the Swaran Singh Committee

The Swaran Singh Committee made several landmark recommendations. Although not all were accepted by the government, many shaped constitutional reform, especially through the 42nd Constitutional Amendment Act, 1976.

I. System of Government

• The Committee recommended retaining the Parliamentary system in India rather than adopting the Presidential or any other system.
• It observed that, due to India’s vast size and regional diversity, the Parliamentary system best preserves national unity and integrity.
• It ensures greater responsiveness to the voice of the people compared to other systems.

II. The Preamble

• The Committee recommended that Secularism and Socialism be explicitly mentioned in the Constitution.
• Proposed amendment to the Preamble: replace “Sovereign Democratic Republic” with “Sovereign, Democratic, Secular, Socialist Republic”.
• Suggested inserting the words “and integrity” after “unity” to emphasize the nation’s territorial and cultural integrity.

III. Amendment of the Constitution

• Recommended that the constituent power of Parliament under Article 368 should be unquestionable.
• Proposed a new clause stating that any amendment passed according to Article 368 cannot be challenged in any court.
• Emphasized that the Constitution is the supreme law of the land, and amendments should have the same sanctity as the original text.

IV. Power of Judicial Review

1. Constitutional Validity of Laws
   • Recommended that challenges to the validity of Central laws be made only in the Supreme Court, and challenges to State laws in the respective High Courts, with an appeal to the Supreme Court.
   • Bench composition:
     • Supreme Court: minimum 7 judges, decision supported by at least two-thirds.
     • High Court: minimum 5 judges, decision supported by at least two-thirds.
   • Emphasized that legislatures generally act within constitutional limits but judicial oversight is necessary.
2. Article 226
   • Suggested deleting “and for any other purpose” from Article 226 to limit extraordinary powers of High Courts.
   • Recommended that High Courts continue issuing writs for fundamental rights and cases of substantial failure of justice.
   • Introduced conditions for interim orders, requiring prior notice to the respondent and opportunity to be heard.
3. Service Matters
   • Recommended the establishment of Administrative Tribunals at both the State and Central levels to decide service-related disputes.
4. Industrial and Labour Disputes
   • Recommended setting up an All-India Labour Appellate Tribunal to hear appeals from Labour and Industrial Courts.
5. Revenue, Land Reforms, and Food Distribution
   • Suggested tribunals for disputes relating to:
     • Revenue collection
     • Land reforms and urban property ceilings
     • Procurement and distribution of foodgrains and other essential commodities
   • Writ jurisdiction of Supreme Court and High Courts over these matters to be excluded, but appeals under Article 136 remain.
6. Election Matters
   • Recommended that no writs should lie in relation to election disputes.
7. Article 227
   • Proposed omitting references to tribunals in Article 227.

V. Directive Principles

• Recommended widening the scope of Article 31-C to include all Directive Principles in Part IV.
• Laws implementing Directive Principles should not be challenged for contravening Fundamental Rights, except for protections for minorities, Scheduled Castes, Scheduled Tribes, and Other Backward Classes.

VI. Disqualification for Membership

• Recommended creating a 9-member body to determine disqualification of MPs and MLAs.
  • 3 members from Rajya Sabha, 3 from Lok Sabha, and 3 nominated by the President.
• Suggested amending Articles 102(1)(a) and 191(1)(a) to clarify disqualification for holding offices of profit, reducing ambiguity.

VII. Emergency: Article 352

• Recommended clarifying that the President may declare emergency only for the specific part of India concerned.
• Suggested provisions to lift emergency selectively in parts of the territory.

VIII. Centre-State Coordination

1. Concurrent Subjects
   • Recommended including Agriculture and Education in the Concurrent List.
   • Clarified that administration remains with State Governments while policies are centrally coordinated.
2. Deployment of Forces
   • Suggested empowering the Centre to deploy police or similar forces under its control in States during grave law and order situations.
   • Recommended that consultation with States should occur wherever possible.

Swaran Singh Committee on Fundamental Duties

Among all recommendations, the most enduring contribution is the concept of Fundamental Duties of Indian citizens. These duties were inserted into the Constitution as Part IV-A under Article 51A via the 42nd Amendment Act, 1976.

• Based on its recommendation, Part IV-A (Article 51A) was added to the Constitution containing 10 Fundamental Duties, later increased to 11 by the 86th Amendment Act, 2002.
• The committee emphasized that citizens must respect the Constitution, National Flag, and National Anthem, which was fully accepted and incorporated in Article 51A(a).
• It recommended promoting unity, sovereignty, and integrity of India, which was accepted and included as a constitutional duty.
• The suggestion to promote harmony, brotherhood, and renounce practices derogatory to the dignity of women was accepted and included among the duties.
• The recommendation to protect the environment, forests, wildlife, and show compassion for living creatures was accepted and added under Article 51A(g).
• The idea of developing scientific temper, humanism, and the spirit of inquiry was accepted and included to promote rational and progressive thinking in society.
• The committee suggested safeguarding public property and abjuring violence, which was accepted and made part of the Fundamental Duties.
• The recommendation that citizens should strive for excellence in all spheres of individual and collective activity was also accepted and included.
• One of the major recommendations was that Fundamental Duties should be made legally enforceable, but this was not accepted because it could lead to excessive state control and misuse of power.
• The committee proposed that violation of Fundamental Duties should attract punishment, but this was rejected to protect democratic freedoms and individual liberty.
• It also recommended that laws made to enforce Fundamental Duties should be kept beyond judicial review, which was not accepted as it would weaken the basic structure of the Constitution.
• The suggestion to make payment of taxes a Fundamental Duty was rejected since taxation is already governed by statutory law and enforcement mechanisms exist.
• The committee supported stronger central authority and restrictions on Fundamental Rights, but many such ideas were later reversed by the 44th Constitutional Amendment Act, 1978 to restore democratic balance.

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