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:

The correct answer is Neither 1 nor 2.

Let us analyze both statements regarding the Fundamental Duties of an Indian citizen:

Analysis of Statement 1:

Fundamental Duties were incorporated into Part IV-A (Article 51A) of the Indian Constitution by the 42nd Constitutional Amendment Act, 1976, based on the recommendations of the Swaran Singh Committee.

The Constitution itself does not provide a direct legislative process or direct enforcement mechanism for these duties. They are non-justiciable in nature, meaning they cannot be directly enforced by courts if a citizen fails to perform them. However, Parliament can enact separate specific laws to enforce some of these duties (for example, the Prevention of Insults to National Honour Act, the Wildlife Protection Act, etc.), but the Constitution does not provide an inherent legislative process to enforce all Fundamental Duties. Hence, Statement 1 is incorrect.

Analysis of Statement 2:

Fundamental Duties are moral and civic obligations for citizens. However, in the legal sense, legal duties are duties that carry legal obligations and sanctions for non-compliance. Fundamental Duties in the Indian Constitution are non-justiciable and are not legal duties per se, nor are they legally correlative to rights or legal duties in a technical judicial sense (as observed by the Supreme Court in various judgments). Therefore, they are not correlative to legal duties. Hence, Statement 2 is also incorrect.

Since both Statement 1 and Statement 2 are false, the correct option is Neither 1 nor 2.