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
Guest previewThis 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.
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