Consider the following statements with reference to the Fundamental Du...
- The Fundamental Duties were incorporated in Part IV-A of the Constitution by the Constitution 42nd Amendment Act, 1976. Today, there are 11 Fundamental Duties described under Article 51-A, of which 10 were introduced by the 42nd Amendment and the 11th was added by the 86th Amendment in 2002, thus they have been amended only once since their incorporation. Hence statement 2 is correct.
- These are statutory duties, not enforceable by law, but a court may take them into account while adjudicating a matter. The idea behind their incorporation was to emphasize the obligation of the citizen in exchange for the Fundamental Rights that he or she enjoys. The concept of Fundamental Duties is taken from the Constitution of the erstwhile USSR. Hence statement 1 is not correct
- Notably, none of the constitutions of major democratic countries like the USA, Canada, France, Germany, Australia, and so on specifically contain a list of duties of citizens. Japanese Constitution is perhaps, the only democratic Constitution in the world apart from the Indian Constitution that contains a list of duties of citizens. The socialist countries, on the contrary, gave equal importance to the fundamental rights and duties of their citizens. Hence, the Constitution of the erstwhile USSR declared that the citizen’s exercise of their rights and freedoms was inseparable from the performance of their duties and obligations. Hence statement 3 is not correct.
Consider the following statements with reference to the Fundamental Du...
Fundamental Duties in the Indian Constitution
The Fundamental Duties are a set of moral obligations and responsibilities that are enshrined in Part IV-A of the Indian Constitution. They were added through the 42nd Constitutional Amendment Act in 1976, on the recommendations of the Swaran Singh Committee. The Fundamental Duties are non-enforceable by law, meaning that there are no specific penalties for their violation. However, they serve as a reminder to citizens about their responsibilities towards the nation and society.
Statement 1: Fundamental Duties are non-statutory in nature
This statement is true. Fundamental Duties are not legally enforceable and do not provide for any legal remedies if they are not followed. They are different from Fundamental Rights, which are legally enforceable and can be protected through the courts. The non-statutory nature of Fundamental Duties means that they are more of a moral obligation rather than a legal duty.
Statement 2: Fundamental Duties have been amended only once since their incorporation in the Constitution of India
This statement is true. The Fundamental Duties have been amended only once since their incorporation. The 86th Constitutional Amendment Act in 2002 added a new Fundamental Duty, which states that parents or guardians must provide opportunities for education to their children between the ages of six and fourteen years.
Statement 3: The concept of fundamental duties in the Indian Constitution has been taken from the Irish Constitution
This statement is false. The concept of Fundamental Duties in the Indian Constitution is not taken from the Irish Constitution. The idea of Fundamental Duties was inspired by the Constitution of the erstwhile USSR, which included the concept of citizens' duties towards the state. The Swaran Singh Committee, which recommended the inclusion of Fundamental Duties, considered various international sources, including the USSR Constitution, in formulating its recommendations.
In conclusion, the correct statements are:
1. Fundamental Duties are non-statutory in nature.
2. Fundamental Duties have been amended only once since their incorporation in the Constitution of India.
Therefore, the correct answer is option 'A' - 2 only.
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