Question 52 from UPSC CSE 2017 - Polity and
Governance

Question

Which of the following statements is/are true of 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 code given below:

IASCODEX · Accepted Answer

Correct Option: D. Neither 1 nor 2

Strategy: Evaluate the core nature of Fundamental Duties. They are non-justiciable, meaning they are not directly enforceable by courts. This makes Statement 1, which claims a 'legislative process' exists for enforcement, incorrect. While Parliament can enact laws, the Constitution itself does not provide a specific enforcement mechanism.

Next, consider Statement 2. The term 'correlative' implies a direct, mutual relationship. Fundamental Duties are primarily moral and civic obligations, not 'legal duties' that are legally enforceable. Although some duties may overlap with separate laws, they are not inherently 'correlative to legal duties'.

Since both statements are conceptually flawed, the correct option is 'Neither 1 nor 2'.

Key Info: **Fundamental Duties (Part IV-A, Article 51A)**
Fundamental Duties were incorporated into the Constitution of India by the 42nd Constitutional Amendment Act, 1976, upon the recommendations of the Swaran Singh Committee. This amendment added a new part, Part IV-A, which consists of a single article, Article 51A.

**Key Characteristics**
*   **Source of Inspiration:** The concept was inspired by the Constitution of the former USSR.
*   **Number of Duties:** Initially, there were 10 Fundamental Duties. The 86th Constitutional Amendment Act, 2002, added the 11th duty, which is for a parent or guardian to provide opportunities for education to their child or ward between the ages of six and fourteen years.
*   **Applicability:** They are confined to citizens only and do not extend to foreigners.
*   **Nature:** Like the Directive Principles of State Policy, the Fundamental Duties are also non-justiciable. This means they are not enforceable by any court of law. There are no direct legal sanctions against their violation.

**Enforceability and Legal Status**
*   **Statement 1 Analysis:** The Constitution does not provide for their direct enforcement. There is no specific 'legislative process' outlined in Part IV-A to enforce these duties. However, the Parliament is free to enforce them by enacting suitable legislation. For example, the Prevention of Insults to National Honour Act, 1971, and the Wildlife (Protection) Act, 1972, provide legal backing to some of the duties. The absence of a constitutionally mandated enforcement process makes Statement 1 incorrect.
*   **Statement 2 Analysis:** The term 'correlative' implies a mutual or reciprocal relationship, often used in jurisprudence where a legal right corresponds to a legal duty. Fundamental Duties are primarily moral and civic duties owed by the citizen to the state. They are not 'legal duties' in the strict sense, as they are not legally enforceable per se. While some duties may have a corresponding legal provision, the entire set of Fundamental Duties is not correlative to legal duties. Therefore, Statement 2 is incorrect.

**Significance and Judicial Interpretation**
Despite their non-justiciable nature, the Supreme Court has held that Fundamental Duties are significant. They serve as a reminder to citizens of their obligations towards society and the country. Courts can also use them to determine the constitutional validity of a law. If a law seeks to give effect to a Fundamental Duty, it may be considered reasonable in relation to Article 14 (equality before law) and Article 19 (freedoms).

IASCODEX · Answer

Option A: 1 only

IASCODEX · Answer

Option B: 2 only

IASCODEX · Answer

Option C: Both 1 and 2

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:

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: