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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

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Q1.Indian PolityAsked in: SSC CGL · 10 Aug 2017, Shift 3Easy

Fundamental duties are mentioned in which of the following part of Indian Constitution?

  1. A.Part II
  2. B.Part III
  3. C.Part V
  4. D.Part IV A
Show answer

Correct answer: D. Part IV A

Explanation

The correct answer is Part IV A. 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. It was placed immediately after Part IV, the Directive Principles, because both are non-justiciable: neither can be enforced directly in a court of law.

The other options are the Parts nearby. Part II, Articles 5 to 11, deals with citizenship. Part III, Articles 12 to 35, contains the Fundamental Rights, which is the most common wrong answer because people expect rights and duties to sit together. Part V begins at Article 52 and deals with the Union: the President, the Council of Ministers, Parliament and the Supreme Court. A neat way to remember the sequence: Part III rights, Part IV directives, Part IVA duties. Many critics argued that the duties should have been placed alongside the rights in Part III, but Parliament chose to keep them separate.

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

Explanation

The correct answer is 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. It made so many changes to the Constitution, including adding "socialist", "secular" and "integrity" to the Preamble, that it is often called the "mini-Constitution".

The other amendments did different things. The 44th Amendment (1978) reversed many of the 42nd's changes, removed the right to property from the Fundamental Rights, and protected Articles 20 and 21 during an emergency. The 47th Amendment (1984) added more land reform laws to the Ninth Schedule. The 52nd Amendment (1985) brought in the anti-defection law through the Tenth Schedule. Remember that the Fundamental Duties have been amended only once since 1976: the 86th Amendment of 2002 added the eleventh duty, on the education of children.

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

Explanation

The correct answer is 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. It suggested eight duties; the 42nd Amendment adopted ten. Some of its ideas were not accepted, such as a duty to pay taxes and penalties for not performing the duties.

The other committees are real but belong to other subjects. The Tarapore Committee was set up by the Reserve Bank of India on capital account convertibility. The Radhakrishnan Committee, the University Education Commission of 1948–49 headed by Dr S. Radhakrishnan, dealt with higher education. The Balwant Rai Mehta Committee (1957) recommended the three-tier Panchayati Raj system. A later body on the same subject is also asked: the Justice J.S. Verma Committee (1999) identified the laws that give effect to the Fundamental Duties.

Q4.Indian PolityAsked in: SSC CHSL · 17 Mar 2020, Shift 3Easy

The concept of fundamental duties in the Constitution of India was taken from:

  1. A.USSR
  2. B.USA
  3. C.Germany
  4. D.Australia
Show answer

Correct answer: A. USSR

Explanation

The correct answer is USSR. The idea of writing citizens' duties into the Constitution was taken from the Constitution of the former Soviet Union, which listed duties alongside rights. Most democratic constitutions, such as those of the USA, Canada and Australia, contain no such list, which is why the Soviet source is the one to remember. The USSR is also the source of the ideal of social, economic and political justice in the Preamble.

The other countries gave India other features. The USA gave the Fundamental Rights (inspired by its Bill of Rights), judicial review, the impeachment of the President and the removal of Supreme Court judges. Germany's Weimar Constitution gave the suspension of Fundamental Rights during an emergency. Australia gave the Concurrent List, freedom of trade and commerce, and the joint sitting of the two Houses of Parliament. A simple memory pair: rights from the USA, duties from the USSR.

Q5.Indian PolityAsked in: SSC GD Constable · 20 Feb 2025, Shift 2Easy

How many Fundamental Duties are there for citizens of India?

  1. A.8
  2. B.6
  3. C.10
  4. D.11
Show answer

Correct answer: D. 11

Explanation

The correct answer is 11. The 42nd Amendment Act, 1976 added ten Fundamental Duties in Article 51A, clauses (a) to (j). The 86th Amendment Act, 2002 added an eleventh, clause (k), which asks a parent or guardian to provide opportunities for education to his or her child or ward between the ages of six and fourteen. So today there are eleven Fundamental Duties, all in a single Article.

Each wrong option is a number from the same story, which is why it tempts. Eight is the number of duties the Swaran Singh Committee recommended. Ten is the number added in 1976, before the 2002 amendment. Six is the number of Fundamental Rights today, after the right to property was removed in 1978. Keep the sequence in one line: the committee suggested 8, Parliament added 10 in 1976, and the 86th Amendment made it 11 in 2002. Questions often ask "how many were added in 1976" as well, and there the answer is ten.