Fundamental Duties

The provision under Article 51A of the Constitution of India relates to the :

[amp_mcq option1=”uniform civil code for the citizens.” option2=”organization of village panchayats.” option3=”right to education.” option4=”fundamental duties.” correct=”option4″]

The correct option is D.

Article 51A of the Constitution of India enumerates the Fundamental Duties of citizens. This Article was added to the Constitution by the 42nd Amendment Act in 1976, based on the recommendations of the Swaran Singh Committee.
– A) Uniform civil code for the citizens: This is provided for in Article 44, which is a Directive Principle of State Policy.
– B) Organization of village panchayats: This is provided for in Article 40, which is a Directive Principle of State Policy.
– C) Right to education: This is a Fundamental Right guaranteed under Article 21A, inserted by the 86th Amendment Act, 2002.
– D) Fundamental duties: Article 51A specifically lists the eleven Fundamental Duties that citizens are expected to observe.

The Fundamental Duties are non-justiciable, meaning they are not enforceable by courts. They are intended to remind citizens of their responsibilities towards the nation and fellow citizens.

Consider the following statements about the Indian Constitution :

• 1. In addition to the structure of the Government, it has also concerned itself with some aspects of a desirable civil society and economy.
• 2. Through amendments in the year 1976, it has also outlined the fundamental duties of citizens along with their rights.

Which of the statements given above is/are correct?

[amp_mcq option1=”1 only” option2=”2 only” option3=”Both 1 and 2″ option4=”Neither 1 nor 2″ correct=”option3″]

Statement 1 is correct. The Constitution not only lays down the structure of the government (Union and State executive, legislature, judiciary) but also includes parts like Fundamental Rights (Part III) which define aspects of a desirable civil society by guaranteeing basic freedoms and protections, and Directive Principles of State Policy (Part IV) which outline goals for the state regarding social and economic justice, aiming towards a desirable economy and society. Statement 2 is also correct. Fundamental Duties (Part IVA, Article 51A) were added to the Constitution by the 42nd Amendment Act in 1976. This addition outlined the fundamental duties of citizens, complementing the fundamental rights already present in the Constitution.

– Part III (Fundamental Rights) and Part IV (DPSP) relate to aspects of civil society and economy.
– Part IVA (Fundamental Duties) was added by the 42nd Amendment Act, 1976.
– The Constitution provides a framework for governance as well as societal goals.

The 42nd Amendment Act, 1976, was a comprehensive amendment that made several changes to the Constitution, including adding the words ‘Socialist’, ‘Secular’, and ‘Integrity’ to the Preamble and incorporating the Fundamental Duties based on the recommendations of the Swaran Singh Committee.

Which of the following statements regarding the Fundamental Duties as contained in the Constitution of India is/are correct ?

• 1. They can be enforced through writ jurisdiction.
• 2. They have formed a part of the Constitution since its adoption.
• 3. They are applicable only to citizens of India.

Select the correct answer using the code given below :

[amp_mcq option1=”1, 2 and 3″ option2=”1 and 2 only” option3=”2 and 3 only” option4=”3 only” correct=”option4″]

The correct option is D. Let’s evaluate the statements:
1. They can be enforced through writ jurisdiction. This is incorrect. Fundamental Duties are non-justiciable and cannot be enforced directly by courts through writs.
2. They have formed a part of the Constitution since its adoption. This is incorrect. Fundamental Duties were added to the Constitution by the 42nd Amendment Act, 1976, based on the recommendations of the Swaran Singh Committee.
3. They are applicable only to citizens of India. This is correct. Article 51A explicitly states that it shall be the duty of every ‘citizen of India’. They do not apply to foreigners.
Therefore, only statement 3 is correct.

The question examines the nature and applicability of Fundamental Duties as listed in Article 51A of the Constitution of India. Key aspects tested are their enforceability, origin, and who they apply to.

While Fundamental Duties are non-justiciable, Parliament can make laws to enforce them. They serve as a reminder to citizens of their responsibilities towards the nation and society. There are currently 11 Fundamental Duties. The 11th duty was added by the 86th Amendment Act, 2002.