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Difficulty: HardFundamental Rights, Directive Principles, and Fundamental Duties

Which of the following statements regarding the legal status, judicial precedents, and constitutional provisions governing Fundamental Rights, Directive Principles, and Fundamental Duties are correct?

  1. While Fundamental Duties under Article 51A are not directly self-executing through constitutional writs, Parliament possesses legislative competence to enforce them by enacting appropriate statutory laws.Answer
  2. B
    The 42nd Amendment's provision according legal precedence to all Directive Principles of State Policy over Fundamental Rights under Articles 14 and 19 remains fully operational in current constitutional practice.
  3. The Fundamental Rights guaranteed under Articles 15, 16, 19, 29, and 30 are conferred exclusively upon Indian citizens, whereas other rights such as Articles 14, 20, and 21 extend to non-citizens as well.Answer
  4. D
    The Supreme Court can issue a writ of Mandamus under Article 32 to direct Parliament or State Legislatures to enact legislation implementing non-justiciable Directive Principles.

Answer

The correct statements are that Parliament can enact statutory laws to enforce Fundamental Duties, and that Articles 15, 16, 19, 29, and 30 are available exclusively to Indian citizens.
Fundamental Duties (Part IV-A) serve as constitutional norms that Parliament may sanction through ordinary statutory law. Additionally, constitutional jurisprudence establishes that rights under Articles 15, 16, 19, 29, and 30 are exclusively reserved for Indian citizens, whereas rights under Articles 14, 20, and 21 extend to all individuals regardless of citizenship.

Step-by-Step Solution

1
Analyze the enforceability of Fundamental Duties under Part IV-A.
Fundamental Duties are non-self-executing, but Parliament can enact legislation (e.g., Prevention of Insults to National Honour Act) to enforce them.
Judicial precedents affirm that while courts cannot issue writs directly under Article 51A, statutory enactments by Parliament enforcing these duties are constitutionally valid.
2
Evaluate the current legal status of Article 31C and DPSP primacy over Fundamental Rights.
The 42nd Constitutional Amendment Act of 1976 sought to give precedence to all DPSPs over Articles 14 and 19, but this expansion was invalidated in the Minerva Mills case (1980).
Only Directive Principles in clauses (b) and (c) of Article 39 enjoy immunity under Article 31C against challenges under Articles 14 and 19.
3
Examine the applicability of Fundamental Rights to citizens versus foreign nationals.
Articles 15, 16, 19, 29, and 30 are available only to citizens of India, while other rights (such as Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, and 28) apply to all persons.
The text of Part III explicitly distinguishes between 'any person' and 'citizens' for specific fundamental freedom provisions.
4
Assess judicial writ powers regarding legislative directives for DPSPs.
The judiciary cannot issue a writ of Mandamus to compel Parliament or state legislatures to pass laws executing Directive Principles.
DPSPs are non-justiciable under Article 37, and courts cannot encroach upon the core legislative mandate of legislative assemblies.

Key Concept

Constitutional balance, judicial enforceability, and subject-matter scope of Fundamental Rights, Directive Principles, and Fundamental Duties
Estimated Time:2m 0s
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Topics

Fundamental Rights, Directive Principles, and Fundamental Duties

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