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Question

By which one of the following amendments, was Article 51A, relating to the Fundamental Duties, inserted into the Constitution of India?

This question was previously asked in
NDA I 2023 GAT Previous Year Paper (16-Apr-2023)
The correct answer is

The Constitution (42nd Amendment) Act

The question asks about the specific amendment to the Constitution of India that introduced Article 51A, which deals with the Fundamental Duties of citizens. Understanding the history of constitutional amendments is crucial for answering this question.

Fundamental Duties and the 42nd Amendment Act

Fundamental Duties were not originally part of the Constitution of India as adopted in 1950. They were added later based on the recommendations of a specific committee.

  • The concept of Fundamental Duties was incorporated into the Indian Constitution by the Constitution (42nd Amendment) Act, 1976.
  • This amendment was enacted during the Emergency period.
  • The inspiration for adding Fundamental Duties came from the Constitution of the erstwhile USSR.
  • A committee known as the Swaran Singh Committee was constituted in 1976 to make recommendations about Fundamental Duties. The committee recommended the inclusion of eight Fundamental Duties.
  • However, the 42nd Amendment Act included ten Fundamental Duties in the Constitution.
  • These duties were added as a new part, Part IVA, under Article 51A.

The Fundamental Duties listed in Article 51A serve as a reminder to citizens that while enjoying their rights, they also have certain obligations towards the nation and society. These duties are non-justiciable, meaning they cannot be enforced by courts, but they play a role in interpreting laws and guiding the conduct of citizens.

Let's look at the options provided and why the 42nd Amendment Act is the correct one:

Amendment Act Key Changes (Relevant to this question)
The Constitution (42nd Amendment) Act, 1976 Inserted Part IVA (Fundamental Duties) and Article 51A. Also known as the 'Mini Constitution' due to extensive changes.
The Constitution (44th Amendment) Act, 1978 Primarily focused on reversing some changes of the 42nd Amendment and restoring democratic safeguards, like changing the right to property from a Fundamental Right to a legal right. Did not insert Fundamental Duties.
The Constitution (85th Amendment) Act, 2001 Deals with consequential seniority in promotion for SC/ST candidates. Not related to Fundamental Duties.
The Constitution (92nd Amendment) Act, 2003 Added Bodo, Dogri, Maithili, and Santhali languages to the Eighth Schedule of the Constitution. Not related to Fundamental Duties.

Based on the historical context and the specific provisions of the amendments, Article 51A containing the Fundamental Duties was indeed inserted by the Constitution (42nd Amendment) Act, 1976.

Revision Table: Key Amendments

Amendment Act Year Significant Provisions (Examples)
42nd Amendment 1976 Added Fundamental Duties (Part IVA, Art 51A), added words 'Socialist', 'Secular', 'Integrity' to Preamble.
44th Amendment 1978 Removed Right to Property from Fundamental Rights, restored tenure of Lok Sabha and State Assemblies to 5 years.
86th Amendment 2002 Made Right to Education a Fundamental Right (Art 21A), added 11th Fundamental Duty.

Additional Information on Fundamental Duties

  • Fundamental Duties are non-justiciable, meaning courts cannot issue writs to enforce them.
  • They serve as a guide and reminder for citizens about their responsibilities towards the nation.
  • Initially, there were 10 Fundamental Duties. The 11th Fundamental Duty (related to education of child between 6-14 years) was added by the 86th Amendment Act, 2002.
  • Fundamental Duties are applicable only to citizens of India.
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