CAPF AC 2020 Q55: Indian Polity – Fundamental Duties
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
Answer: (d) They may not be used for determining constitutionality of laws
Explanation
Fundamental Duties
How to think: the duties cannot be enforced by a court.
But courts still use them when judging whether a law is reasonable.
So the statement that they may not be used is the false one.
| Statement | Verdict | Fact |
|---|---|---|
| (a) They were not originally a part of the Constitution | True | Added by the 42nd Amendment, 1976 |
| (b) To safeguard public property and abjure violence are fundamental duties | True | Article 51A(i) |
| (c) They are not enforceable through writs | True | They are non-justiciable |
| (d) They may not be used for determining constitutionality of laws | NOT correct | Courts may use them to uphold a law as reasonable |
Facts to know:
| Fact | Detail |
|---|---|
| Part and Article | Part IVA, Article 51A |
| Committee | Swaran Singh Committee |
| Number | 10 at first; 11th added by the 86th Amendment, 2002 |
| Borrowed from | Constitution of the former USSR |
Answer: (d) They may not be used for determining constitutionality of laws.
Why each option is right or wrong
- (a) Incorrect. This statement is true: the duties were added in 1976.
- (b) Incorrect. This statement is true: it is the duty in Article 51A(i).
- (c) Incorrect. This statement is true: no writ lies to enforce a fundamental duty.
- (d) CORRECT. This is the wrong statement: courts can use the duties to test a law.
Key point
Fundamental Duties: Part IVA, Article 51A; 42nd Amendment 1976 (Swaran Singh Committee); 11 duties (86th Amendment 2002); non-justiciable but used by courts to judge laws.
Remember
Duties: Article 51A, 42nd Amendment, 11 in number, not enforceable.
Common mistakes
- Thinking non-enforceable means courts ignore the duties altogether.
- Giving the number as 10; the 11th duty on education was added in 2002.
- Placing the duties in Part IV; they are in Part IVA.
Exam tip
Not enforceable does not mean not usable. Courts read laws in the light of the duties.
Sources
- Constitution of India — Part IVA, Article 51A
- NCERT Class XI Political Science — Indian Constitution at Work (Rights in the Indian Constitution)