97 A 2 Fundamental Duties 18 Feb

Part A

Qts 1 What is Fundamental Duties 

1.The Fundamental Duties of Citizens were added by 42 constitutional Amendment Act, 1976 on the basis of Swaran Singh Committee in Part IVA under Article 51A.

2. It is borrowed from the constitution of Former Soviet Union.

Qts 2 Explain Article 51A: Fundamental Duties

1.To abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem.

2.To cherish and follow the noble ideals which inspired our national struggle for freedom.

3.To uphold and protect the sovereignty, unity and the integrity of India.

4. To defend the country and render national service when called upon to do so.

5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.

6. To value and preserve the rich heritage of our composite culture.

7. To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

8. To develop the scientific temper, humanism and the spirit of inquiry and reform.

9. To safeguard public property and to abjure violence.

10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.

11. To provide opportunities for education to his child between the age of six and fourteen years (This duty was added by the 86 Constitutional Amendment Act, 2002).

Part B

Qts  1.  Which of the following statements is/are true of the Fundamental Duties of an Indian citizen?  

1 . A legislative process has been provided to enforce these duties.

2. They are correlative to legal duties. 

Select the correct answer using the code given below: 

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Ans. D

Explanation

There is no legislative process provided to enforce the Fundamental Duties and they are not correlated to legal duties.

 Like the Directive Principles, the fundamental duties are also non-justiciable. 

The Constitution does not provide for their direct enforcement by the courts.

 Moreover, there is no legal sanction against their violation.

Qts 2 "To uphold and protect the Sovereignty, Unity and Integrity of India" is a provision made in the    

(a) Preamble of the Constitution

(b) Directive Principles of State Policy

(c) Fundamental Rights 

(d) Fundamental Duties

Ans. D

Explanation

Fundamental Duties are included in the Indian constitution by the 42nd Constitutional Amendment Act on the recommendation of Sardar Swaran Singh Committee.

There are 11 duties described under Fundamental Duties under Article 51(A) of Part IV-A, such as:

1. To abide by constitution and respect its ideal and institutions, National Flag and National Anthem. 

2. To cherish and follow the noble ideals which inspired our national struggle for freedom. 

3. To uphold and protect the sovereignty, unity and integrity of India.

Qts 3  Under the Constitution of India, which one of the following is not a fundamental duty?

(a) To vote in public elections

(b) To develop the scientific temper

(c) To safeguard public property

(d) To abide by the Constitution and respect its ideals

Ans.A

Explanation

Right to vote is a constitutional right under article 326, which deals with Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. 

Fundamental duties are enshrined in article 51A of Indian Constitution.

Qts 4  Consider the following

1. Right to education.

2. Right to equal access to public service.

3. Right to food

Which of the above is/ are Human Right/Human Rights under "Universal Declaration of Human Rights"?

(a) 1 only

(c) 3 only

(b) 1 and 2 only

(d) 1, 2 and 3

Ans. D

Explanation

All comes under Universal Declaration of Human Rights.

Right to food - Art. 25,

Right to equal access to public service- Art. 21 and Right to Education- Art. 26.

Qts 5  Which of the following is/are among the Fundamental  Duties of citizens laid down in the Indian Constitution? 

1. To preserve the rich heritage of our composite culture

2. To protect the weaker sections from social injustice

3. To develop the scientific temper and spirit of inquiry

4. To strive towards excellence in all spheres of individual and collective activity

Select the correct answer using the codes given below:

(a) 1 and 2 only

(b) 2 only

(c) 1, 3 and 4 only

(d) 1, 2, 3 and 4

Ans. C

Explanation

The Chapter of Fundamental duties was inserted in our Constitution by 42nd Amendment of the Constitution in 1976.

By 42nd Amendment after Part-IV of Constitution, Part IVA and Article 51-A is inserted in the Constitution, which lays down the Fundamental Duties of the citizens.

Part C 

Qts 1 Enumerate the Fundamental Duties incorporated in the constitution after the 42 nd amendment

In 1976, the Sardar Swaran Singh Committee recommended the incorporation of the Fundamental Duties in view of its necessity felt during the internal emergency of 

1975-77. 

Accordingly a new part; namely Part IV A was added to the Constitution consisting of Article 51 A containing ten Fundamental Duties. 

In 2002, through 86th Amendment Act, one more Fundamental Duty was added.

The Indian Constitution adopted the idea of Fundamental Duties from the Constitution of erstwhile USSR.

Some of the Fundamental Duties are moral duties while some are civic duties. 

These are confined only to the citizens only.

Like the Directive Principles of State Policy, the Fundamental Duties are non-justiciable. 

However, the Parliament in free to enforce them by appropriate legislation any of the Fundamental Duties

 The Fundamental Duties as guaranteed by the Constitution are as follows

1.To abide by the Constitution and respect its and institutions, the National Flag and the National Anthem;

2.to cherish and follow the noble ideals that inspired the national struggle for freedom;

3.to uphold and protect the sovereignty, unity and integrating of India

4. to defend the country and render national service when called upon to do so

5.to promote harmony and spirit of common brotherhood;

6. to value and preserve the rich heritage of the country's composite culture;

7.to protect and improve the natural environment;

8. to develop scientific temper, humanism and spirit of inquiry and reform;

9. to safeguard public property and to abjure violence;

10.to strive towards excellence in all spheres of individual and collective activity;

11.to provide opportunities for education to his child or ward between the age of six and fourteen years.

These make the citizens conscious of their duties beside enjoying their rights.

Qts 2. "Essentially all that is contained in Part IV A of the Constitution is just a codification of tasks integral to the Indian way of life." Critically examine this statements

 Ans . Fundamental Duties contained in Part IV A of the Constitution were inserted by the 42nd Amendment Constitution on the recommendations of the Swaran of the Singh Committee. 

It was inserted in the Constitution to make the Fundamental Rights more meaningful. 

In fact, there can be no Fights in a society where there are no duties. 

Rights and duties are considered as two sides of the same coin, they are not complete without the other.

 In any attempt to make rights meaningful, they must essentially be defined by duties. 

The values of Equality, Liberty and Fraternity as pledged in the Preamble to the Constitution sought to ensured through various provisions codified in it. 

The Fundamental Duties is one such provision that has been included to make the Fundamental Rights more complete. 

Particularly in the Indian society this reciprocity of rights and duties is desirable because Indian society is a heterogeneous society.

However, the non-justiciability of the Fundamental Duties like the Directive Principles of State Policy affect their significance. 

Nevertheless, they may be enforced by the Supreme Court if required. 

On the whole, their existence in the Indian Constitution enforce the values integral to the spirit of the Constitution.