Previous Year Question
Which of the following statements is/are true of the Fundamental Duties of an Indian citizen?
A legislative process has been provided to enforce these duties.
They are correlative to legal duties.
Select the correct answer using the code given below.
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: D
Detailed Solution
Both statements are incorrect. Fundamental Duties are contained in Article 51A of Part IVA. They are constitutional and moral obligations of citizens, but the Constitution does not prescribe a general legislative procedure or penalty for their direct enforcement.
Statement 1 is incorrect. Article 51A lists the Fundamental Duties but provides no special constitutional remedy comparable to Article 32 for their enforcement. A citizen ordinarily cannot be directly punished merely by alleging the violation of a Fundamental Duty.
Parliament may, however, enact legislation to give effect to a particular duty. For example:
Conduct relating to respect for the Constitution, National Flag and National Anthem is regulated by the Prevention of Insults to National Honour Act, 1971.
Environmental and wildlife protection is supported by laws such as the Environment (Protection) Act, 1986 and the Wildlife (Protection) Act, 1972.
Damage to public property may attract the Prevention of Damage to Public Property Act, 1984.
In such cases, punishment follows from the violation of the relevant statute, not directly from the breach of Article 51A.
Statement 2 is incorrect. Fundamental Duties are not automatically legal duties. Their performance is constitutionally expected, but violation of every Fundamental Duty does not automatically attract a legal penalty. A duty becomes legally enforceable when the legislature enacts an appropriate law giving effect to it.
Important facts about Fundamental Duties are:
They were absent from the original Constitution.
Ten duties were inserted by the 42nd Constitutional Amendment Act, 1976, following the recommendations of the Swaran Singh Committee.
The eleventh duty, Article 51A(k), was inserted by the 86th Constitutional Amendment Act, 2002.
Article 51A applies only to citizens of India, not to foreigners.
Fundamental Duties are not directly justiciable, but courts may use them while interpreting laws and examining their constitutional validity.
The eleven duties include respect for the Constitution, National Flag and National Anthem; adherence to the ideals of the freedom struggle; protection of sovereignty, unity and integrity; defence of the country; promotion of harmony; preservation of composite culture; environmental protection; development of scientific temper; protection of public property; pursuit of excellence; and provision of educational opportunities to children.