QUESTION

Medium

Indian Polity

Prelims 2017

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:

Select an option to attempt

Explanation

Statement 1 is incorrect: While the Fundamental Duties listed in Part IV-A of the Indian Constitution are not directly enforceable by law, they are not entirely non-enforceable either. The legislature can enact laws to give effect to these duties, and courts may consider them while interpreting laws and constitutional provisions. Additionally, in some cases, laws have been enacted to enforce specific Fundamental Duties, such as the Prevention of Insults to National Honour Act, 1971, which penalizes disrespect to the national flag and anthem.

Statement 2 is incorrect: Fundamental Duties and legal duties are not strictly correlative. While legal duties are explicitly defined and enforceable by law, Fundamental Duties serve as moral and civic responsibilities to promote patriotism and national unity. However, courts have occasionally linked Fundamental Duties with legal obligations, reinforcing their significance in judicial interpretations.

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