Under the constitution of India, which one of the following is not a fundamental duty?
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- ATo vote in public elections
- BTo develop the scientific temper
- CTo safeguard public property
- DTo abide by the Constitution and respect its ideals
Show answer
Answer: (A) To vote in public elections
The answer is (a) — 'To vote in public elections' is NOT a Fundamental Duty.
The 11 Fundamental Duties are listed in Article 51A (added by the 42nd Amendment, 1976, based on Swaran Singh Committee recommendations).
Duties that ARE listed include:
- (b) To develop scientific temper, humanism, and spirit of inquiry ✓
- (c) To safeguard public property and abjure violence ✓
- (d) To abide by the Constitution and respect its ideals ✓
- Others: respecting the national flag/anthem, defending the country, promoting harmony, protecting the environment, preserving heritage, etc.
Voting is an important civic RIGHT but NOT a constitutional DUTY (it's voluntary in India). Some countries like Australia and Belgium make voting compulsory, but India does not.
Memory tip: There are 11 Fundamental Duties. None of them mention voting. A recent addition (11th duty, by 86th Amendment 2002): Parents/guardians shall provide education to children aged 6-14.
Article 51A lists exactly 11 Fundamental Duties, and voting is deliberately not included because India keeps voting as a voluntary right, not a mandatory duty.
UPSC tests the distinction between rights (like voting) and duties (like developing scientific temper) to check if students understand that fundamental duties are specific obligations, not general civic activities.
Fundamental Duties (Article 51A)
Indian Polity fundamental duty Article 51A scientific temper safeguard public property abide by the Constitution
Fundamental Duties under Article 51A: Complete List & UPSC Traps
11 Fundamental Duties listed in Article 51A, added by 42nd Amendment Act 1976
Based on Swaran Singh Committee recommendations
Voting is NOT a Fundamental Duty — it's a right, not an obligation in India
11th duty added by 86th Amendment 2002 — education of children aged 6-14
Constitutional Background
Article 51A contains India's Fundamental Duties — moral and civic obligations of citizens. Originally, the Constitution had only Rights and DPSPs. Duties were added much later through the 42nd Amendment Act of 1976, based on recommendations of the Swaran Singh Committee.
Unlike Fundamental Rights, these duties are not legally enforceable — they are moral imperatives to guide citizen behavior.
Complete List of 11 Fundamental Duties
Duty | Key Requirement | UPSC Focus |
|---|---|---|
Respect Constitution | Abide by Constitution and respect ideals | Option (d) in this question |
National Symbols | Respect National Flag and National Anthem | Ceremonial obligations |
Noble Ideals | Cherish ideals of freedom struggle | Historical connection |
Sovereignty & Integrity | Uphold and protect sovereignty, unity, integrity | Territorial integrity |
Defend Country | Defend country and render national service | Military/civil service |
Common Brotherhood | Promote harmony, fraternity across diversity | Social cohesion |
Preserve Heritage | Preserve composite culture and heritage | Cultural preservation |
Protect Environment | Protect and improve natural environment | Environmental duty |
Scientific Temper | Develop scientific temper, humanism, spirit of inquiry | Option (b) in this question |
Safeguard Property | Safeguard public property, abjure violence | Option (c) in this question |
Excellence | Strive towards excellence in individual/collective activity | Performance duty |
Education of Children | Parents provide education to children aged 6-14 | Added by 86th Amendment 2002 |
Question Analysis
This PYQ tests which activity is NOT a Fundamental Duty. Options (b), (c), and (d) are direct duties from Article 51A. Voting is the trap — it's a fundamental right under Article 326, but NOT a constitutional duty in India.
Key distinction: Rights are entitlements you can claim; duties are obligations you must perform.
Trap: Voting confusion — Voting is a right (Article 326), NOT a duty. India has voluntary voting, unlike Australia.
11th duty added later — Education duty added by 86th Amendment 2002, not original 1976 list.
Not enforceable — Fundamental Duties are moral obligations, not legally binding like Rights.
42nd Amendment added duties — same amendment that added 'Socialist' and 'Secular' to Preamble.
Voting: Right vs Duty Distinction
Indian Polity vote in public elections
Voting in India: Constitutional Right, Not Duty
Article 326 guarantees right to vote — Universal Adult Franchise for citizens above 18
Voting is voluntary in India — no legal penalty for not voting
Australia, Belgium have compulsory voting with fines — India does not
Constitutional Provision
Article 326 establishes Universal Adult Franchise — every Indian citizen above 18 years has the right to vote, regardless of religion, race, caste, sex, or descent. This is a Fundamental Right to political participation.
Voting remains voluntary — citizens can choose whether to exercise this right. There's no constitutional or legal obligation to vote.
Voting: India vs Other Countries
Country | Voting Nature | Penalty for Not Voting | Key Feature |
|---|---|---|---|
India | Voluntary Right | No penalty | Article 326 — Universal Adult Franchise |
Australia | Compulsory Duty | Fine of AUD 20+ | Introduced in 1924 |
Belgium | Compulsory Duty | Fine or loss of voting rights | One of first countries with compulsory voting |
USA | Voluntary Right | No penalty | Voter registration required |
Right vs Duty confusion — Voting is guaranteed under Article 326 as a right, NOT listed in Article 51A as duty.
Voluntary nature — Unlike some countries, India doesn't fine citizens for not voting.
Age qualification — Voting right starts at 18 years (reduced from 21 by 61st Amendment 1988).
42nd Amendment Act 1976
Indian Polity 42nd Amendment
42nd Amendment 1976: The 'Mini-Constitution'
42nd Amendment 1976 — called 'Mini-Constitution' for extensive changes
Added Fundamental Duties (Article 51A) based on Swaran Singh Committee
Added 'Socialist' and 'Secular' to Preamble
Enacted during Emergency period under Indira Gandhi government
Historical Context
The 42nd Amendment Act of 1976 is known as the 'Mini-Constitution' because it made sweeping changes to multiple constitutional provisions. Enacted during the Emergency period (1975-77) under Indira Gandhi's government, it was based on Swaran Singh Committee recommendations.
The amendment aimed to strengthen directive principles and add citizen obligations alongside rights.
Major Changes by 42nd Amendment
Area Changed | Specific Addition | Article/Part | Significance |
|---|---|---|---|
Preamble | Added 'Socialist' and 'Secular' | Preamble | Ideological clarity |
Fundamental Duties | Added 10 duties for citizens | Article 51A | Citizen obligations |
DPSP | Strengthened directive principles | Part IV | State policy guidance |
Emergency Powers | Extended emergency provisions | Part XVIII | Executive authority |
Amendment Procedure | No time limit for presidential assent | Article 368 | Amendment process |
Judicial Review | Limited judicial scrutiny | Various articles | Constitutional interpretation |
'Mini-Constitution' tag — 42nd Amendment made most extensive changes to original Constitution.
Swaran Singh Committee recommended Fundamental Duties — NOT Balwant Rai Mehta or other committees.
Emergency period — Amendment passed during 1975-77 Emergency, explaining its controversial nature.
Originally 10 duties — 11th duty (education) added later by 86th Amendment 2002.