Change set
Pick exam & year, then Go.
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.
Web source
Presence: 5/5
"It is true that there is no legal sanction provided for violation or non-performance of Fundamental Duties. There is neither specific provision for enforceability nor any specific prohibition."
Why this source?
- 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.
Web source
Presence: 5/5
"It i~ said that by their natµr11, it Is not practicable to enforce the Fundamental Duties and they must be left to the wlll and aspiration of the citizens. ·However, In the case of citizens holding public office, each and all Fundamental Duties can be enforced by suitable legislation and departmental rules of conduct. Appropriate sanctions can be provided for lapse in respect of each Fundamental"
Why this source?
- 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.
Web source
Presence: 4/5
"if the existing legislations are inadequate to enforce the needed discipline, such a legislative vacuum must be filled suitably to ensure enforceability."
Why this source?
- 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.
- 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.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Duties. > p. 161
Strength: 4/5
“II. The Fundamental Duties<sup>390</sup> are 10 [now 11]<sup>391</sup> in number, incorporated in Article 51A [Part IVA], which has
been inserted by the 42nd Amendment Act, 1976. Under this
• Article, it shall be the duty of every citizen of India-
• (i) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
• (ii) to cherish and follow the noble ideals which inspired our national struggle for freedom;
• (iii) to protect the sovereignty, unity and integrity of India;
• (iv) to defend the country;”
Why relevant
Identifies Article 51A (Part IVA) as the constitutional source listing Fundamental Duties — shows duties are constitutional provisions introduced by amendment.
How to extend
A student could check whether placing duties in the Constitution implies accompanying enforcement provisions or leaves enforcement to ordinary legislation or other mechanisms.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > mi l Fundamental Duties > p. 31
Strength: 4/5
“The original constitution did not provide for the Fundamental Duties of the citizens. These were added during the operation of internal emergency (1975-77) by the 42nd Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh Committee. The 86th Constitutional Amendment Act of 2002 added one more fundamental duty. Part IV-A of the Constitution (which consists of only one Article 51-A) specifies the eleven Fundamental Duties, viz., to respect the Constitution, national flag and national anthem; to protect the sovereignty, unity and integrity of the country; to promote the spirit of common brotherhood amongst all the people; to preserve the rich heritage of our composite culture and so on.”
Why relevant
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.
How to extend
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.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 81 > p. 151
Strength: 5/5
“The Indian Constitution lays down the following provisions for the enforcement of the Fundamental Rights guaranteed by the Constitution, in the light of the above experience: (a) The Fundamental Rights are guaranteed by the Constitution not only against the action of the Executive but also against that of the Legislature. Any act of the Executive or of the Legislature which takes away or abridges any of these rights shall be void and the courts are empowered to declare it as void [Article 13].”
Why relevant
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.
How to extend
By analogy, a student could examine whether a similar specific enforcement mechanism (judicial remedy or legislative sanction) is provided for Article 51A.
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
Strength: 4/5
“Of course, no part of the Constitution of India can be changed by ordinary legislation unless so authorised by the Constitution itself (eg, Article 4); but all parts of the Constitution except the basic features can be amended by an Amendment Act passed under Article 368, including the fundamental rights. This proposition has been established after a history of its own: A.”
Why relevant
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.
How to extend
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.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 89: National Commission to Review the Working of the Constitution > El l On Fundamental Duties > p. 617
Strength: 4/5
“• 1. Consideration should be given to the ways and means by which Fundamental Duties could be popularized and made effective.
• 2. The recommendations of the Justice Verma Committee on operationalisation of Fundamental Duties should be implemented at the earliest.
• 3. The following new fundamental duties should be included in Article 51-A:
(a) Duty to vote at elections, actively participate in the democratic process of governance and to pay taxes.
(e) Duty of industrial organizations to provide education to children of their employees.”
Why relevant
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.
How to extend
A student could follow this lead to look for legislative proposals, rules, or administrative measures that those recommendations prompted to enforce duties.
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.
This tab shows concrete study steps: what to underline in books, how to map current affairs, and how to prepare for similar questions.
Login with Google to unlock study guidance.
Discover the small, exam-centric ideas hidden in this question and where they appear in your books and notes.
Login with Google to unlock micro-concepts.
Access hidden traps, elimination shortcuts, and Mains connections that give you an edge on every question.
Login with Google to unlock The Vault.