Consider the following statements about the Fundamental Duties (Part IV-A) and select the INCORRECT statements-

Question

Consider the following statements about the Fundamental Duties (Part IV-A) and select the INCORRECT statements-

I. These Duties were part of the original Constitution adopted in 1950.

II. These Duties can always be enforced through Writ jurisdiction in the court of law.

III. Promoting Scientific temper and spirit of enquiry is one of the Fundamental Duties.

1. A. I only
2. B. II only
3. C. I and II only (Correct answer)
4. D. All of the above

Correct Answer

Option C — I and II only

Detailed Solution & Explanation

The correct answer is I and II only.

Key Points

• The question asks for the INCORRECT statements.
  • Statement I is INCORRECT. Fundamental Duties were not part of the original Constitution of 1950. They were added by the 42nd Constitutional Amendment Act, 1976, on the recommendation of the Swaran Singh Committee, and inserted as Part IV-A, Article 51A.
  • Statement II is INCORRECT. Fundamental Duties are non-justiciable — they cannot be enforced through the writ jurisdiction of the courts. There is no legal sanction against their violation, though Parliament may provide for one by law.
  • Statement III is CORRECT. "To develop the scientific temper, humanism and the spirit of inquiry and reform" is indeed a Fundamental Duty, under Article 51A(h).
• The incorrect statements are therefore I and II.

Additional Information

• The eleven Fundamental Duties under Article 51A require every citizen:
  • (a) to abide by the Constitution and respect the National Flag and National Anthem;
  • (b) to cherish the noble ideals of the freedom struggle;
  • (c) to uphold and protect the sovereignty, unity and integrity of India;
  • (d) to defend the country and render national service when called upon;
  • (e) to promote harmony and the spirit of common brotherhood, and renounce practices derogatory to the dignity of women;
  • (f) to value and preserve the composite culture of India;
  • (g) to protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures;
  • (h) to develop the scientific temper and the spirit of inquiry;
  • (i) to safeguard public property and abjure violence;
  • (j) to strive towards excellence in all spheres;
  • (k) to provide education to one's child between six and fourteen years — added by the 86th Amendment, 2002.
• Article 51A(g) is the environmental Fundamental Duty, and is regularly cited alongside Article 48A in judgments on forest and wildlife protection.
• Duty (k) is the only one added after 1976, which is why the total is eleven rather than the original ten. Fundamental Duties apply to citizens only, not to foreigners.