In relation to the fundamental duties enshrined in the Constitution of

In relation to the fundamental duties enshrined in the Constitution of India, which one of the following is NOT correct ?

The fundamental duties were not originally a part of the Constitu-tion
To safeguard public property and abjure violence are fundamental duties
They are not enforceable through writs
They may not be used for deter-mining constitutionality of laws
This question was previously asked in
UPSC CAPF – 2020
The correct option is D. Fundamental duties *may* be used by courts in determining the constitutionality of laws, not “may not”.
– Option A is correct: Fundamental duties were added to the Constitution by the 42nd Amendment Act, 1976, based on the recommendations of the Swaran Singh Committee. They were not part of the original Constitution.
– Option B is correct: Article 51A(i) lists “to safeguard public property and to abjure violence” as one of the fundamental duties.
– Option C is correct: Fundamental duties are not directly enforceable by courts through writs like Fundamental Rights are.
– Option D is incorrect: The Supreme Court has held that courts can refer to fundamental duties while testing the constitutionality of a law. If a law seeks to implement a fundamental duty, it can be considered reasonable and thus constitutional.
Fundamental duties are contained in Part IVA of the Constitution, consisting of a single Article 51A. They are not justiciable in the same way as Fundamental Rights, but they serve as a guide to citizens and the state. The enforceability of fundamental duties has been a subject of legal debate, but their significance as a reference point for constitutional interpretation is acknowledged by the judiciary.