Consider the following statements with respect to Fundamental Duties:

1. The Fundamental Duties were inspired by the Constitution of the USA.

2. They can be enforced by a law made by the Parliament.

3. The Fundamental Duties have been amended only once since their incorporation in the Constitution.

Which of the statements given above is/are correct?

Solution

 In 1976, Sardar Swaran Singh Committee was constituted to make recommendations about Fundamental Duties. Though the Swaran Singh Committee suggested the incorporation of eight Fundamental Duties in the Constitution, the 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties   They help the courts in examining and determining the constitutional validity of a law. In 1992, the Supreme Court ruled that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a fundamental duty, it may consider such law to be ‘reasonable’ in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality. • They are enforceable by law. Hence, the Parliament can provide for the imposition of appropriate penalty or punishment for failure to fulfil any of them. Hence statement 2 is correct.   A new Fundamental Duty - to provide opportunities for education to his child or ward between the age of six and fourteen years. It was added by the 86th Constitutional Amendment Act, 2002. The Fundamental Duties have been amended only once since their incorporation. Hence statement 3 is correct.