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Which of the following statements regarding the Fundamental Duties contained in the Constitution of India are correct ? 1. Fundamental Duties can be enforced through writ jurisdiction. 2. Fundamental Duties have formed a part of the Constitution since its adoption. 3. Fundamental Duties became a part of the Constitution in accordance with the recommendations of the Swaran Singh Committee. 4. Fundamental Duties are applicable only to the citizens of India. Select the correct answer using the code given below:
Explanation
The Fundamental Duties (Article 51A) were not part of the original Constitution adopted in 1949; they were incorporated via the 42nd Amendment Act, 1976 [c1, t2]. This addition followed the recommendations of the Swaran Singh Committee [t2, t6]. Unlike Fundamental Rights, these duties are non-justiciable and cannot be directly enforced through writ jurisdiction, such as a writ of mandamus, as they do not cast a public legal duty [t2, t7, t8]. Furthermore, the text of Article 51A explicitly states that these are the duties of 'every citizen of India,' making them applicable only to citizens and not to foreigners [c1, t2, t4]. Therefore, statements 1 and 2 are incorrect, while statements 3 and 4 are correct, making option 4 the right choice.
Sources
- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Duties. > p. 161
- [2] https://legalaffairs.gov.in/sites/default/files/(V)Effectuation%20of%20Fundamental%20Duties%20of%20Citizens.pdf