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Difficulty: MediumFundamental Rights, Directive Principles, and Fundamental Duties

With reference to the Fundamental Duties under Part IV-A (Article 51A) of the Constitution of India, which of the following statements are correct?

  1. They were incorporated into the Constitution of India upon the recommendation of the Swaran Singh Committee through the 42nd Constitutional Amendment Act, 1976.Answer
  2. B
    The Swaran Singh Committee recommended eight Fundamental Duties, all of which were accepted verbatim without Parliament adding any further duties during the amendment.
  3. Fundamental Duties are non-justiciable in nature, meaning there is no direct provision in the Constitution for their judicial enforcement, although Parliament may enact laws to implement them.Answer
  4. D
    The High Courts can issue writs under Article 226 directly against private citizens to enforce Fundamental Duties without relying on any supporting statutory law.

Answer

The correct statements are that Fundamental Duties were incorporated via the 42nd Constitutional Amendment Act, 1976 based on the Swaran Singh Committee recommendations, and that Fundamental Duties are non-justiciable but Parliament can enact legislation for their enforcement.
Fundamental Duties were added to the Indian Constitution under Article 51A (Part IV-A) by the 42nd Constitutional Amendment Act, 1976, following recommendations of the Swaran Singh Committee. Furthermore, Fundamental Duties are non-justiciable by themselves; however, Parliament is empowered to enforce them by enacting appropriate statutory laws.

Step-by-Step Solution

1
Evaluate the historical origin and amendment details of Fundamental Duties in Part IV-A.
The Swaran Singh Committee (1976) recommended the inclusion of Fundamental Duties. The 42nd Amendment Act added 10 duties in Article 51A (Part IV-A). The committee suggested 8 duties, but Parliament added 10 and rejected certain recommendations (such as duty to pay taxes).
To verify the accuracy of statements regarding the Swaran Singh Committee recommendations and the 42nd Amendment Act.
2
Analyze the legal and constitutional enforceability of Fundamental Duties.
Fundamental Duties are non-justiciable (they carry no constitutional sanction for breach directly), but Parliament has the legislative competence to enforce them through specific statutes.
To establish judicial enforceability and the role of parliamentary legislation.
3
Examine writ jurisdiction under Article 226 regarding Fundamental Duties.
High Courts cannot issue writs to enforce Fundamental Duties directly against private persons unless a valid law enacted by Parliament/State Legislature has been infringed.
To determine the legal scope of judicial writs regarding duties.

Key Concept

Constitutional origin, committee recommendations, non-justiciable nature, and parliamentary enforcement mechanisms of Fundamental Duties (Article 51A).
Estimated Time:1m 30s
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Topics

Fundamental Rights, Directive Principles, and Fundamental Duties

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