UPSC IAS - 2017
Which of the following statements is/are true in regards to the Fundamental Duties of an Indian citizen? 1. A legislative process has been provided to enforce these duties. 2. They are correlative to legal duties. Select the correct answer using the codes given below:
Year Asked: 2017
Correct Answer
D. Neither 1 nor 2
Detailed Explanation
Fundamental Duties sit in Part IVA, Article 51A, inserted by the 42nd Amendment in 1976 on the basis of the Swaran Singh Committee's recommendations. Both statements are false, so the answer is D.
- Statement 1 is false. No legislative process or enforcement mechanism was ever provided for these duties. The Swaran Singh Committee had suggested penalties, but they were not enacted. Article 51A is non-justiciable, so no court can enforce a duty directly. Courts only use it as an interpretive aid, as in the Supreme Court's reliance on Article 51A(g) in the Bombay Dyeing case.
- Statement 2 is false. Fundamental Duties are moral and civic obligations, not legal duties correlative to fundamental rights. A legal duty is enforceable, and the right it corresponds to can be claimed against someone. Article 51A has no such correlation.
Core concept: the constitutional design separates enforceable rights from civic duties, which are meant to guide citizens' conduct. In Mains GS-II, this links to debates on whether duties should be given statutory teeth, and to the 2002 insertion of Article 51A(k) on parental duty to educate children aged 6 to 14.
Trap: Aspirants often assume that because the 42nd Amendment added duties to the Constitution, they must be enforceable like rights. The Constitution gives them no direct enforcement mechanism.
This question appeared in UPSC Prelims 2017 GS Paper-1.
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