With reference to Indian Constitution, Which of the following statements is correct regarding Fundamental duties? 

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  1. Non-justiciable in the court of law when it is violated
  2. Not amended after their inclusion in 42nd amendment
  3. Punishable in the court of law when it is violated
  4. Not Enforceable through Law of Parliament

Answer (Detailed Solution Below)

Option 1 : Non-justiciable in the court of law when it is violated
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The correct answer is Non-justiciable in the court of law when it is violated.

Key Points

  • Fundamental duties in the Indian Constitution are non-justiciable, meaning they cannot be enforced through the court of law.
  • They were added to the Constitution by the 42nd Amendment Act of 1976, inspired by the Constitution of the erstwhile USSR.
  • These duties serve as moral obligations for citizens to promote a sense of discipline and commitment to the nation.
  • There is no direct penalty or punishment for violating Fundamental Duties unless specific laws are enacted by the Parliament to enforce them.
  • Currently, the Constitution lists 11 Fundamental Duties, which include respecting national symbols, protecting the environment, and upholding the spirit of the Constitution.

Additional Information

  • Fundamental Duties: Incorporated under Article 51A of the Constitution, these duties apply to every citizen of India.
  • 42nd Amendment Act: This amendment was enacted during the Emergency era in 1976, introducing Fundamental Duties as part of efforts to instill discipline among citizens.
  • Non-Justiciable Nature: Unlike Fundamental Rights, Fundamental Duties are non-enforceable in courts. However, laws can be made to give effect to these duties.
  • Key Examples of Duties: Some of the duties include abiding by the Constitution, respecting national symbols, safeguarding public property, and promoting harmony.
  • Global Inspiration: The concept of Fundamental Duties draws inspiration from socialist constitutions like that of the USSR, aiming to balance citizen rights with responsibilities.
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