Skip to content
GK24
Indian PolityHardAsked in: UPSC CAPF · 20 Dec 2020

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

  1. A.The fundamental duties were not originally a part of the Constitution
  2. B.To safeguard public property and abjure violence are fundamental duties
  3. C.They are not enforceable through writs
  4. D.They may not be used for determining constitutionality of laws

Correct answer

D. They may not be used for determining constitutionality of laws

Explanation

The correct answer is They may not be used for determining constitutionality of laws, because this statement is false. The Supreme Court has held that when a court tests whether a law is constitutional, and finds that the law gives effect to a Fundamental Duty, it may treat the law as "reasonable" under Article 14 or Article 19 and uphold it. So the duties can indeed help determine the constitutionality of laws, even though they cannot themselves be enforced.

The other three statements are correct, which is what makes the question hard. The Fundamental Duties were not part of the original Constitution of 1950; they were added by the 42nd Amendment in 1976. Safeguarding public property and abjuring violence is a Fundamental Duty, clause (i) of Article 51A. And the duties are not enforceable through writs, because they are non-justiciable: no court can order a citizen to perform them, though Parliament can enforce them through ordinary laws. In a "NOT correct" question, test each statement separately before choosing.

Read the full article: Fundamental Duties (Article 51A): All 11 Duties, Notes and PYQs

View all
Q2.Indian PolityAsked in: SSC CGL · 14 Jul 2023, Shift 4Easy

Which Constitutional Amendment added Fundamental Duties in the Constitution?

  1. A.Forty - Second Amendment Act, 1976
  2. B.Forty - Seventh Amendment, 1984
  3. C.Forty - Fourth Amendment Act 1978
  4. D.Fifty - Second Amendment, 1985
Show answer
Correct answer: A. Forty - Second Amendment Act, 1976

Passed during the Emergency on the recommendation of the Swaran Singh Committee, the 42nd Amendment inserted Part IVA and Article 51A with ten Fundamental Duties.

Q3.Indian PolityAsked in: SSC MTS · 2 Aug 2019, Shift 1Easy

Which of the following committees recommended inclusion of fundamental duties?

  1. A.Tarapore Committee
  2. B.Radha Krishnan Committee
  3. C.Balwant Rai Mehta Committee
  4. D.Swaran Singh Committee
Show answer
Correct answer: D. Swaran Singh Committee

In 1976 the government set up a committee under Sardar Swaran Singh to suggest changes to the Constitution. It recommended a separate chapter on Fundamental Duties, arguing that citizens should be conscious of their duties as well as their rights.