Question
Download Solution PDFFundamental duties were not placed in Part III of the Indian Constitution because Part III is ______.
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Justiciable.Key Points
- The Fundamental Duties of Indian citizens were not part of the original Constitution. These were introduced later by the 42nd Amendment Act in 1976, based on the recommendations of the Swaran Singh Committee. The duties are listed in Part IVA (Article 51A) of the Indian Constitution.
- Fundamental Duties, as per the Indian Constitution, have been established to promote a sense of respect and responsibility amongst citizens. Importantly, these duties are non-justiciable—they cannot be enforced through legal proceedings. This is in stark contrast with Fundamental Rights, which are enforceable in nature.
- The Fundamental Duties covered under Article 51A are ten in number and they were later expanded to eleven by the 86th Amendment in 2002.
- The Fundamental Rights, outlined in Part III of the constitution from Article 12 to 35, are integral to the Indian Constitution. Drafted by Dr. Ambedkar and the other framers of the Constitution, these rights were derived from the US Bill of Rights, the Irish Constitution, and various other sources. These rights are justiciable, meaning they can be enforced through the courts. If a person feels their Fundamental Rights have been violated, they can directly approach the Supreme Court or High Courts for enforcement or protection of such rights, according to Article 32 and Article 226 of the Constitution respectively.
- Fundamental Duties were not included in this part to maintain a clear demarcation between the rights that are enforceable by law (such as the fundamental rights) and moral obligations or responsibilities (such as the fundamental duties) that are not legally enforceable.
Additional InformationFundamental Duties (Part IVA: Article 51A):
| Duty | Description |
|---|---|
| 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 that inspired the national struggle for freedom |
| 3 | To uphold and protect the sovereignty, unity, and 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 and 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 |
| 8 | To foster 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 |
| 11 (added by 86th Amendment, 2002) | Parents or guardians to provide opportunities for education to their child/ward between the ages of 6 and 14 years |
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