Q. With reference to the Fundamental Duties in the Indian Constitution, consider the following statements:
1.Fundamental Duties serve as a reminder that citizens must be conscious of their duties while enjoying their rights.
2.They help the courts in determining the constitutional validity of a law.
3.They are merely moral obligations and cannot be enforced by law. 4.Fundamental Duties promote discipline and a sense of national commitment among citizens.
Which of the statements given above are correct?
Answer: B
Notes:
Explanation:
- The Fundamental Duties act as a moral and civic reminder that rights come with corresponding responsibilities. Citizens should not only enjoy their fundamental rights but also fulfill their duties towards the nation, society, and fellow citizens.
- They help the courts in determining the constitutional validity of a law. The Supreme Court, in 1992, ruled that if a law is enacted to give effect to a Fundamental Duty, it can be considered reasonable concerning Article 14 (Right to Equality) and Article 19 (Freedom of Speech, etc.). This means such laws are less likely to be declared unconstitutional.
- Although Fundamental Duties were initially non-enforceable, Parliament has the power to make laws imposing penalties or punishments for their violation. For example, insulting the National Flag or National Anthem is punishable under the Prevention of Insults to National Honour Act, 1971. Thus, they are not just moral obligations but also legally enforceable in some cases.
- One of the primary objectives of Fundamental Duties is to instill discipline, patriotism, and a spirit of responsibility in citizens. They emphasize that citizens are active participants in nation-building, not just spectators.
Source: Laxmikant
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