Q. Consider the following statements regarding the Fundamental Duties as enshrined in the Indian Constitution?
1. Fundamental Duties extend to all persons whether citizens or foreigners.
2. They are automatically enforceable and does not need any executive decree.
3. They have been added in Part III of the Constitution so as to keep them on par with Fundamental Rights.
How many of the above given statements is/ are correct?
Exp) Option d is the correct answer Article 51A was added to the Indian Constitution for incorporation of Fundamental Duties.
Statement 1 is incorrect: Unlike some of the Fundamental Rights which extend to all persons whether citizens or foreigners, the Fundamental Duties are confined to citizens only and do not extend to foreigners.
Statement 2 is incorrect: Like the Directive Principles, the fundamental duties are also non-justiciable. The Constitution does not provide for their direct enforcement by the courts. Thus, they are not automatically enforceable.
Statement 3 is incorrect: The 42nd Constitutional Amendment Act in 1976 added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is, Article 51A which specifies a code of 11 fundamental duties of the citizens.
| Important Tips Some of the legal provisions for the implementation Fundamental Duties are: • The Prevention of Insults to National Honour Act (1971) prevents disrespect to the Constitution of India, the National Flag, and the National Anthem. • The Protection of Civil Rights Act (1955) provides for punishments for offenses related to caste and religion. • The Unlawful Activities (Prevention) Act of 1967 provides for the declaration of a communal organization as an unlawful association. |
