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Consider the following statements.
  1. The Fundamental Duties are held obligatory for all citizens subject to the State enforcing the same by means of a valid law.
  2. Any law that even though it deviates from the Fundamental Rights, but has been made to give effect to the Directive Principles in Article 39(b) and Article 39(c)would not be deemed invalid.
Which of the above statements is/are incorrect?
  • a)
    1 only 
  • b)
    2 only 
  • c)
    Both 1 and 2 
  • d)
    Neither 1 nor 2
Correct answer is option 'D'. Can you explain this answer?
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Consider the following statements. The Fundamental Duties are held obl...
Fundamental Duties and Directive Principles

Fundamental Duties are enshrined in Part IV-A of the Indian Constitution, which was added by the 42nd Amendment Act, 1976. These duties are applicable to all citizens of India, and they are enforceable by law.

Directive Principles of State Policy (DPSP) are enshrined in Part IV of the Indian Constitution. DPSPs are the guidelines and principles that the State should keep in mind while framing laws and policies. DPSPs are not enforceable by law, but they are fundamental to the governance of the country.

Statement 1: The Fundamental Duties are held obligatory for all citizens subject to the State enforcing the same by means of a valid law.

This statement is correct. The Fundamental Duties are mandatory for all citizens of India. However, the State can enforce them only by means of a valid law.

Statement 2: Any law that even though it deviates from the Fundamental Rights, but has been made to give effect to the Directive Principles in Article 39(b) and Article 39(c) would not be deemed invalid.

This statement is incorrect. Any law that deviates from the Fundamental Rights is not valid, regardless of whether it is made to give effect to the Directive Principles or not. The Fundamental Rights are the basic human rights that every citizen of India is entitled to, and they cannot be violated under any circumstance.

Conclusion:

Therefore, the correct answer is option 'D' - Neither 1 nor 2. The Fundamental Duties are mandatory for all citizens, but they can be enforced only by means of a valid law. Any law that deviates from the Fundamental Rights is not valid, even if it is made to give effect to the Directive Principles.
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Consider the following statements. The Fundamental Duties are held obl...
The Relationship Between the Fundamental Rights, Directive Principles and Fundamental Duties:
  • Directive Principles have been used to uphold the Constitutional validity of legislation in case of conflict with Fundamental Rights.
  • According to the amendment of 1971, any law that even though it deviates from the Fundamental Rights, but has been made to give effect to the Directive Principles in Article 39(b) and Article 39 (c)would not be deemed invalid.
The Fundamental Duties will be held obligatory for all citizens subject to the State enforcing the same by means of a valid law.
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Consider the following statements. The Fundamental Duties are held obligatory for all citizens subject to the State enforcing the same by means of a valid law. Any law that even though it deviates from the Fundamental Rights, but has been made to give effect to the Directive Principles in Article 39(b) and Article 39(c)would not be deemed invalid.Which of the above statements is/are incorrect?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?
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