UPSC Prelims 2017 Q36: Indian Polity – Fundamental Duties
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:
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (d) Neither 1 nor 2
Explanation
Fundamental Duties (Article 51A)
Added as Part IVA by the 42nd Amendment, 1976, on the advice of the Swaran Singh Committee.
| Statement | Verdict | Fact |
|---|---|---|
| 1. A legislative process has been provided to enforce these duties | Incorrect | The Constitution gives no process to enforce them; they are non-justiciable |
| 2. They are correlative to legal duties | Incorrect | They are moral and civic duties, linked to Fundamental Rights, not to legal duties |
Rights and Duties compared:
| Feature | Fundamental Rights | Fundamental Duties |
|---|---|---|
| Part | Part III | Part IVA |
| Enforceable in court | Yes (Article 32) | No |
| Apply to | Citizens and, in some cases, foreigners | Citizens only |
| Number | Six groups | Eleven (11th added by the 86th Amendment, 2002) |
Answer: (d) Neither 1 nor 2.
Why each option is right or wrong
- (a) Incorrect. The Constitution provides no legislative process to enforce the duties.
- (b) Incorrect. The duties are moral obligations, not correlative to legal duties.
- (c) Incorrect. Both statements are false; the duties are non-justiciable and moral in nature.
- (d) CORRECT. Fundamental Duties are non-enforceable moral duties of an Indian citizen.
Key point
Fundamental Duties: Article 51A, Part IVA, 42nd Amendment (1976); eleven duties; non-justiciable; apply to citizens only.
Remember
Fundamental Duties = moral, not legally enforceable.
Common mistakes
- Assuming duties are enforceable because Parliament may pass laws on some of them.
- Confusing 'correlative to rights' with 'correlative to legal duties'.
- Forgetting the 11th duty (education of children aged 6 to 14) added in 2002.
Exam tip
Duties, like Directive Principles, are non-justiciable. Only Fundamental Rights go to court directly.
Sources
- Constitution of India — Article 51A (Part IVA)
- M. Laxmikanth — Indian Polity, chapter on Fundamental Duties