In relation to the fundamental duties enshrined in the Constitution of India, which one of the following is NOT correct?
- A.The fundamental duties were not originally a part of the Constitution
- B.To safeguard public property and abjure violence are fundamental duties
- C.They are not enforceable through writs
- D.They may not be used for determining constitutionality of laws
Correct answer
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
Practice Questions
View allFundamental duties are mentioned in which of the following part of Indian Constitution?
- A.Part II
- B.Part III
- C.Part V
- D.Part IV A
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The 42nd Amendment Act, 1976 inserted a new Part IVA into the Constitution, with a single Article, 51A, that lists the Fundamental Duties of every citizen.
Read the full explanation →Which Constitutional Amendment added Fundamental Duties in the Constitution?
- A.Forty - Second Amendment Act, 1976
- B.Forty - Seventh Amendment, 1984
- C.Forty - Fourth Amendment Act 1978
- D.Fifty - Second Amendment, 1985
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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.
Read the full explanation →Which of the following committees recommended inclusion of fundamental duties?
- A.Tarapore Committee
- B.Radha Krishnan Committee
- C.Balwant Rai Mehta Committee
- D.Swaran Singh Committee
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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.
Read the full explanation →The concept of fundamental duties in the Constitution of India was taken from:
- A.USSR
- B.USA
- C.Germany
- D.Australia
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The idea of writing citizens' duties into the Constitution was taken from the Constitution of the former Soviet Union, which listed duties alongside rights.
Read the full explanation →How many Fundamental Duties are there for citizens of India?
- A.8
- B.6
- C.10
- D.11
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The 42nd Amendment Act, 1976 added ten Fundamental Duties in Article 51A, clauses (a) to (j).
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