Polity & Governance Practice Question›› Indian Polity ››
Fundamental Rights and Duties
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Comparison between Fundamental Rights and Duties
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Question 1
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Consider the following Statements:
1. Unlike Fundamental Rights , none of the Fundamental Duties are extended to foreigners.
2. The Constitution provides for punitive action for the violation of fundamental duties.
3. Like Fundamental Rights, most of the Fundamental Duties need a law to enforce them.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 3 only
(d) 1 and 3 only
Explanation Statement 1 is correct: Fundamental Duties are applicable only to Indian citizens. They do not extend to foreigners, unlike some Fundamental Rights (e.g., Articles 14 and 21) which apply to all persons, including foreigners.
Statement 2 is not correct: The Constitution does not provide any direct mechanism or punitive action for the violation of Fundamental Duties. However, Parliament is empowered to enact laws for implementing some duties, and failure to comply with these laws may attract penalties. For example, disrespecting the National Flag or National Anthem can lead to legal consequences, but this is due to specific laws, not directly because of the Fundamental Duties.
While most of them are self- executory or directly enforceable, only a few require a law to be enacted by the Parliament (and not State legislature) to give effect to them. However, the Fundamental Duties are self-executory and require laws to be enacted on the subjects related to them to make it a duty for the citizens. Thus, the statement is not correct.
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