Question map
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 :
Explanation
The correct answer is option D (Neither 1 nor 2) because both statements are false regarding Fundamental Duties in India.
Statement 1 is incorrect because there is no legal sanction provided for violation or non-performance of Fundamental Duties, and there is neither specific provision for enforceability nor any specific prohibition[1]. By their nature, it is not practicable to enforce the Fundamental Duties and they must be left to the will and aspiration of the citizens[2].
Statement 2 is also incorrect because the Fundamental Duties set out in article 51A were not intended to be legally enforced by one citizen against the other[3]. Though not enforceable by law, the provision lists 11 duties which every citizen of India "shall" follow[4]. This means they are moral and civic obligations rather than legal duties that create enforceable rights or correlative legal obligations.
While in the case of citizens holding public office, each and all Fundamental Duties can be enforced by suitable legislation and departmental rules of conduct[2], this is an exception and does not make them generally enforceable legal duties for all citizens.
Sources- [1] https://legalaffairs.gov.in/sites/default/files/(V)Effectuation%20of%20Fundamental%20Duties%20of%20Citizens.pdf
- [2] https://legalaffairs.gov.in/sites/default/files/VOLUME-II(BOOK1).pdf
- [3] https://legalaffairs.gov.in/sites/default/files/VOLUME-II(BOOK1).pdf
PROVENANCE & STUDY PATTERN
Full viewThis is a classic 'Conceptual Trap' disguised as a simple static question. It tests the precise legal nature of Part IVA rather than the content of the duties. While standard books list the duties, the answer relies on understanding the 'Silence of the Constitution' regarding their enforcement mechanisms.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Does the Constitution of India provide a legislative process to enforce the Fundamental Duties of an Indian citizen (Article 51A)?
- Statement 2: Are the Fundamental Duties of an Indian citizen correlative to legal duties, i.e., do they create enforceable legal obligations under Indian law?
- Explicitly states there is no legal sanction or specific provision for enforceability of Fundamental Duties in the Constitution.
- Directly supports the point that the Constitution itself does not provide a statutory enforcement mechanism.
- Acknowledges that Fundamental Duties are generally not practicable to enforce directly under the Constitution.
- States that for citizens holding public office, Fundamental Duties "can be enforced by suitable legislation and departmental rules of conduct," indicating Parliament/legislature can create enforcement mechanisms.
- Indicates that where existing legislation is inadequate to enforce duties, the legislative vacuum "must be filled suitably to ensure enforceability."
- Supports the view that enforcement depends on parliamentary/legislative action rather than an inbuilt constitutional process.
Identifies Article 51A (Part IVA) as the constitutional source listing Fundamental Duties — shows duties are constitutional provisions introduced by amendment.
A student could check whether placing duties in the Constitution implies accompanying enforcement provisions or leaves enforcement to ordinary legislation or other mechanisms.
States the Fundamental Duties were added by the 42nd Amendment (and later one by the 86th) — an example of the legislature using amendment power to create duties.
A student could use this pattern to ask whether the same or other legislative acts (ordinary laws) were enacted to operationalise those duties after the amendments.
Explains that the Constitution contains explicit provisions for enforcement of Fundamental Rights (e.g., judicial power under Article 13) — showing a model of how constitutional guarantees can be enforced.
By analogy, a student could examine whether a similar specific enforcement mechanism (judicial remedy or legislative sanction) is provided for Article 51A.
States that most parts of the Constitution (including Fundamental Rights) can be amended by Article 368 — demonstrating that substantive constitutional change is achieved via a formal legislative-amendment process.
A student might infer that additions (like Article 51A) came through Article 368 and then investigate whether Article 51A itself or subsequent laws include procedural/legislative enforcement provisions.
Records recommendations (National Commission / Justice Verma Committee) to 'operationalise' and 'popularise' Fundamental Duties and suggests specific duties to be added — indicating active consideration of measures to make duties effective.
A student could follow this lead to look for legislative proposals, rules, or administrative measures that those recommendations prompted to enforce duties.
- Explicitly states Fundamental Duties were not intended to be legally enforced by one citizen against another.
- Characterises duties as moral/ethical guidance (like the Ten Commandments) rather than legally enforceable obligations.
- Affirms there is no legal sanction or specific provision making Fundamental Duties enforceable.
- Distinguishes between duties' normative force and practical enforceability under law.
- Describes the duties as not enforceable by law while noting they are listed as obligations citizens ‘shall’ follow.
- Notes ongoing litigation seeking to make duties enforceable, implying current non-enforceability.
Explicitly states there is no provision in the Constitution for direct enforcement of Fundamental Duties and no sanction for their violation, but suggests courts may treat laws implementing them as 'reasonable'.
A student could check case law and Article 14/19 jurisprudence to see whether courts have upheld statutes based on Fundamental Duties as a basis for enforceability.
Quotes Article 51A and lists the duties, showing these are constitutional obligations placed in Part IVA (Fundamental Duties).
A student could combine this with knowledge of constitutional enforcement mechanisms (justiciability of different Parts and Articles) to judge whether Article 51A by itself creates legal remedies.
States rights and duties are 'correlative and inseparable' but notes the original Constitution had only Fundamental Rights; duties were later added (inspired by USSR).
A student can use this historical origin to infer intent: since duties were a later addition and modeled on non-democratic constitutions, investigate legislative intent and amendment context to assess enforceability.
Describes Fundamental Duties as a 'reminder' and a 'warning' against antisocial acts, implying a moral/normative role rather than a directly enforceable legal sanction.
Combine this normative description with knowledge of how courts treat policy directives vs. justiciable rights to evaluate whether duties are likely to be treated as legally enforceable.
Presents an exam-style assertion that 'They are correlative to legal duties,' showing there is at least a view/question in study materials equating duties with legal correlative duties.
A student could contrast this textbook/test assertion with constitutional text and judicial statements (e.g., snippet 9) to test the accuracy of that claim.
- [THE VERDICT]: Trap / Conceptual Static. Source: Standard Polity (Laxmikanth Ch: Fundamental Duties / D.D. Basu Ch: Fundamental Rights & Duties).
- [THE CONCEPTUAL TRIGGER]: The 'Justiciability' spectrum of the Constitution. Distinguishing Part III (Justiciable) vs Part IV & IVA (Non-justiciable).
- [THE HORIZONTAL EXPANSION]: 1. Swaran Singh Committee's *rejected* recommendations (Penalty for violation, Duty to pay taxes). 2. Verma Committee (1999) list of legal provisions (Flag Code, Wildlife Act). 3. 86th Amendment (11th Duty). 4. Comparison with UDHR Article 29 (Duties to community).
- [THE STRATEGIC METACOGNITION]: Do not just memorize the list of 11 duties. You must study the *introductory* and *significance* sections of the chapter which explain that while Parliament *can* enforce them via law, the Constitution itself provides no mechanism (unlike Art 32 for Rights).
References state that Fundamental Duties were added by the 42nd Amendment and list the duties under Article 51A/Part IVA.
High-yield for UPSC because questions often ask about the origin, number and content of Fundamental Duties and their constitutional placement. Connects to amendments and Part IVA; useful for framing differences with Fundamental Rights and for answering amendment/history questions.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Duties. > p. 161
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > mi l Fundamental Duties > p. 31
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 10: Fundamental Duties > LIST OF FUNDAMENTAL DUTIES > p. 120
Evidence explains constitutional enforcement mechanisms for Fundamental Rights (judicial remedies) and notes that duties were not originally part of the Constitution, implying a conceptual difference.
Crucial for answer-writing on enforceability/justiciability topics. Helps candidates contrast remedies under Part III (Fundamental Rights) with the status of duties and Directive Principles, enabling answers on which provisions are justiciable and which are declaratory or moral.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 81 > p. 151
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 10: Fundamental Duties > Fundamental Duties > p. 119
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 10: Fundamental Duties > Fundamental Duties > p. 119
References refer to the 42nd and 86th Amendments adding duties and to recommendations/commissions on making duties effective.
Useful for questions on constitutional amendment, processes to 'operationalise' constitutional provisions, and policy debates on making duties enforceable. Links to amendment procedure knowledge and commissions' recommendations—common UPSC themes.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Duties. > p. 161
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Exceptions to Funda· mental Rights. > p. 96
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 89: National Commission to Review the Working of the Constitution > El l On Fundamental Duties > p. 617
Directly addresses whether duties in Article 51A are legally enforceable — references list the duties and state there is no provision for their direct enforcement.
High-yield for UPSC: questions often ask whether Fundamental Duties are justiciable or enforceable. Mastering this helps distinguish constitutional provisions (text of Article 51A) from their legal effect and prepares answers on limits of enforceability and constitutional design.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Duties. > p. 161
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Duties. > p. 162
Explains the constitutional placement: framers originally included State duties as Directive Principles and later added citizen duties (Article 51A), highlighting difference in legal status.
Important for comparative questions on Rights, Duties and DPSPs; helps craft balanced answers on why duties were framed as non-justiciable principles and how they differ from enforceable State obligations. Links to amendment history and constitutional objectives.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 10: Fundamental Duties > Fundamental Duties > p. 119
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Duties. > p. 161
Shows how courts may use Fundamental Duties as aids (e.g., to uphold reasonableness of laws) even if duties lack direct enforceability.
Useful for UPSC mains and interview: explains the nuanced role of judiciary in giving effect to non-justiciable provisions, and prepares candidates to discuss case-law trends and doctrinal balances between rights and duties.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Duties. > p. 162
The Swaran Singh Committee actually recommended that Parliament should impose penalties for non-compliance with duties and that such laws should be beyond judicial review. The 42nd Amendment *rejected* this. Knowing this history proves Statement 1 is false.
The 'Show Me The Article' Rule. Statement 1 claims a legislative process 'has been provided.' In the Constitution, a 'provided process' always has an Article number (e.g., Art 368 for Amendment, Art 32 for Remedies). Since there is no 'Article 51B' detailing enforcement, the statement is technically false.
Link to GS-4 (Ethics): Fundamental Duties are the 'Moral Compass' of the citizen. In Ethics, this concept is 'Deontology' (Duty-based ethics). Contrast this with 'Rights-based' approaches in GS-2.