Consider the following statements with respect to Fundamental Duties:...
Fundamental Duties are a set of moral obligations that are enshrined in Part IV-A of the Indian Constitution. These duties were added through the 42nd Amendment Act in 1976, and they serve as a reminder to citizens about their responsibilities towards the nation and society. They are inspired by various sources, including the Constitution of the Soviet Union, but not solely by it.
First Statement: The Fundamental Duties in the Indian Constitution are inspired by the erstwhile USSR constitution.
The first statement is correct. The concept of Fundamental Duties in the Indian Constitution draws inspiration from various sources, including the Constitution of the Soviet Union. The framers of the Indian Constitution recognized the importance of including a provision for fundamental duties to ensure that citizens are not only aware of their rights but also their responsibilities towards the nation and society.
Second Statement: The constitution says nothing about the enforcement of these duties.
The second statement is correct. The Indian Constitution does not explicitly mention the enforcement of Fundamental Duties. Unlike Fundamental Rights, which can be enforced through legal remedies, there are no specific provisions for the enforcement of Fundamental Duties. However, the judiciary has recognized that these duties are fundamental to the harmonious development of the individual and society, and they can indirectly impact the enjoyment of rights through legislative measures.
Third Statement: The enjoyment of rights is dependent on the fulfillment of duties.
The third statement is incorrect. The enjoyment of rights is not directly dependent on the fulfillment of duties. Fundamental Duties and Fundamental Rights are two separate provisions in the Indian Constitution. While Fundamental Duties highlight the responsibilities of citizens, Fundamental Rights ensure the protection and enjoyment of individual rights. The fulfillment of duties is seen as a moral obligation, but it does not directly determine the extent of enjoyment of rights.
In conclusion, the correct statements are:
1. The Fundamental Duties in the Indian Constitution are inspired by the erstwhile USSR constitution.
2. The constitution says nothing about the enforcement of these duties.
Consider the following statements with respect to Fundamental Duties:...
- The fundamental duties were not part of the original constitution. It was added in 1976 through the 42nd amendment act. Originally, ten duties were added as fundamental duties as part IV-A of the constitution which consists of article 51-A. However, in 2002, another duty was added through the 86th Constitutional Amendment Act.
- The fundamental duties were added to the constitution based on the recommendations of the Sardar Swaran Singh Committee. These are inspired by the constitution of the erstwhile USSR. Hence statement 1 is correct.
- Swaran Singh committee also recommended the provisions of the punishment for non-compliance with duties. However, it was not added to the constitution. Constitution says nothing about enforcing these duties. Hence statement 2 is correct. The Fundamental Duties could be used by the courts in examining the constitutional validity of a law. Parliament can also enforce it through law.
- Constitution does not make the enjoyment of rights dependent or conditional upon the fulfilment of duties. Hence statement 3 is not correct. This represents that the inclusion of fundamental duties has not changed the status of our fundamental rights.
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