Which of the following recommendations were made by the Sardar Swaran ...
1. In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need and necessity of which was felt during the operation of the internal emergency (1975–1977).
2. The committee recommended the inclusion of a separate chapter on fundamental duties in the Constitution. It stressed that the citizens should become conscious that in addition to the enjoyment of rights, they also have certain duties to perform as well. The Congress Government at Centre accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976. This amendment added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is, Article 51A which for the first time specified a code of ten fundamental duties of the citizens. The ruling Congress party declared the non-inclusion of fundamental duties in the Constitution as a historical mistake and claimed that what the framers of the Constitution failed to do was being done now.
3. Though the Swaran Singh Committee suggested the incorporation of eight Fundamental Duties in the Constitution, the 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties.
4. Interestingly, certain recommendations of the Committee were not accepted by the Congress Party and hence, not incorporated in the Constitution. These include:
- The Parliament may provide for the imposition of such penalty or punishment as may be considered appropriate for any non-compliance with or refusal to observe any of the duties.
- No law imposing such penalty or punishment shall be called in question in any court on the ground of infringement of any of Fundamental Rights or on the ground of repugnancy to any other provision of the Constitution.
- Duty to pay taxes should also be a Fundamental Duty of the citizens.
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Which of the following recommendations were made by the Sardar Swaran ...
The correct answer is option 'C', i.e., 1 and 2 only.
The Sardar Swaran Singh Committee was set up in 1976 to examine and suggest changes to the Constitution of India. It made several recommendations regarding the fundamental duties of citizens. Let's discuss each recommendation in detail:
1. Recommendation to include a separate chapter on fundamental duties in the Constitution:
The committee recommended the inclusion of a separate chapter on fundamental duties in the Constitution. This was seen as necessary to emphasize and promote the responsibilities of citizens towards the nation. The fundamental duties were subsequently added to the Constitution through the 42nd Amendment Act, 1976. These duties are mentioned under Article 51A.
2. Recommendation to provide for the imposition of penalty or punishment for non-compliance with duties:
The committee recommended that the Parliament may provide for the imposition of penalty or punishment for any non-compliance with any of the fundamental duties. However, this recommendation was not accepted. Unlike fundamental rights, which are justiciable and enforceable by the courts, fundamental duties are not enforceable by law. They are more in the nature of moral and ethical obligations.
3. Recommendation to make failure to comply with fundamental duties a ground for disqualification of elected representatives:
The committee did not make any specific recommendation regarding the disqualification of elected representatives for the failure to comply with fundamental duties. The disqualification of elected representatives is governed by other provisions of the Constitution, primarily under Articles 101, 102, and 191. These articles lay down various grounds for disqualification, such as conviction for certain offenses, holding of an office of profit, etc.
In conclusion, the Sardar Swaran Singh Committee recommended the inclusion of a separate chapter on fundamental duties in the Constitution and the imposition of penalty or punishment for non-compliance with these duties. However, it did not specifically recommend making the failure to comply with fundamental duties a ground for disqualification of elected representatives. Therefore, the correct answer is option 'C', i.e., 1 and 2 only.
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