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Which of the following statements regarding the Fundamental Duties as contained in the Constitution of India is/are correct ? 1. They can be enforced through writ jurisdiction. 2. They have formed a part of the Constitution since its adoption. 3. They arc applicable only to citizens of India, Select the correct answer using the code given below :
Explanation
Fundamental Duties, contained in Article 51A (Part IV-A), were not part of the original Constitution adopted in 1950; they were inserted by the 42nd Amendment Act in 1976 [c1, t4, t9]. Unlike Fundamental Rights, these duties are non-justiciable and cannot be directly enforced through writ jurisdiction [t2, t6, t10]. The Constitution does not provide for legal sanctions or judicial remedies for their non-performance [t1, t5]. Crucially, Article 51A specifically describes these as 'Fundamental Duties of Citizens,' making them applicable only to the citizens of India and not to foreigners [c2, t4, t8]. While the Supreme Court may refer to them to interpret statutes or determine the reasonableness of restrictions on rights, they remain moral obligations rather than legally enforceable mandates through the courts [t6, t8]. Therefore, only statement 3 is correct.
Sources
- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Rights and Fundamental Duties IJl > p. 176
- [2] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > Fundamental Duties of citizens > p. 44
- [3] https://ebooks.inflibnet.ac.in/hrdp01/chapter/justiciability-of-fundamental-duties/
- [4] https://ebooks.inflibnet.ac.in/hrdp01/chapter/fund-amental-duties-under-constitution-of-india/
- [5] https://svlnsgdc.ac.in/userfiles/mygov_157969378664705891.pdf