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Difficulty: MediumFundamental Rights, Directive Principles, and Fundamental Duties

Consider the following statements regarding the constitutional amendments and legal provisions relating to Directive Principles of State Policy (DPSP) and Fundamental Duties in India:

1. The 42nd Constitutional Amendment Act of 1976 inserted Article 43A into the Constitution, directing the State to secure the participation of workers in the management of undertakings.
2. The 86th Constitutional Amendment Act of 2002 modified the scope of Article 45 under DPSPs and added a new Fundamental Duty under Article 51A.
3. Fundamental Duties contained under Part IV-A of the Constitution are directly enforceable by courts through the issuance of writs under Article 32.

Which of the statements given above is/are correct?

  1. 1 and 2 onlyAnswer
  2. B
    2 and 3 only
  3. C
    1 and 3 only
  4. D
    1, 2 and 3

Answer

1 and 2 only
The correct response consists of statements 1 and 2 only. Article 43A was inserted by the 42nd Constitutional Amendment Act in 1976 to promote participation of workers in management. The 86th Constitutional Amendment Act of 2002 altered Article 45 (focusing on early childhood care) and introduced the 11th Fundamental Duty under Article 51A(k). Statement 3 is false because Fundamental Duties are non-justiciable and cannot be directly enforced by courts under Article 32 writ jurisdiction.

Step-by-Step Solution

1
Evaluate Statement 1 regarding the 42nd Amendment Act of 1976.
Article 43A was indeed added by the 42nd Constitutional Amendment Act, 1976, to encourage worker participation in industrial management.
This is a factual provision of Part IV of the Constitution.
2
Evaluate Statement 2 regarding the 86th Amendment Act of 2002.
The 86th Amendment modified Article 45 (focusing on early childhood care up to six years) and added clause (k) to Article 51A (duty of parent/guardian to provide education opportunities to children aged 6 to 14).
The 86th Amendment simultaneously impacted Part III (Art 21A), Part IV (Art 45), and Part IV-A (Art 51A).
3
Evaluate Statement 3 regarding judicial enforceability under Article 32.
Fundamental Duties (Part IV-A) are non-justiciable. Article 32 remedies apply exclusively to the enforcement of Fundamental Rights contained in Part III.
Writs cannot be issued by the Supreme Court under Article 32 directly to enforce a Fundamental Duty.

Key Concept

Constitutional Amendments impacting DPSPs/Duties and the Justiciability of Part IV-A
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Topics

Fundamental Rights, Directive Principles, and Fundamental Duties

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