Consider the following statements about Fundamental duties:1. They are not justifiable and are enforceable in a court of law.2. These are in the form of general directives to citizens to display ‘ideal’ conduct in their public lives. Which of the statements given above is/are correct?

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: B

Notes:

About Fundamental Duties:

Fundamental duties (Article 51A) are in the form of general directives to citizens to display ‘ideal’ conduct in their public lives. However, they are not justifiable i.e. they are not enforceable in a court of law.

Concerns Regarding Legal Enforcement:

Provisions already present: There are many laws like Prevention of Insults to National Honour Act, IPC 124A, Contempt of Courts Act, Environmental Protection Act, Ancient Monuments and Archaeological Remains Act, Right to Education Act that already cover some aspects of fundamental duties.
Abuse and misuse: Fundamental duties deal with diverse areas such as environment, education, national security, heritage conservation, etc. Making them legally enforceable will make such a law prone to abuse and politicisation.
Law making is Parliament’s prerogative. The function of the Judiciary is to interpret the laws. Judiciary mandating Parliament to make laws on certain issues is against the doctrine of separation of powers.

Source: EPIC March 2022