🛡️ *Swaran Singh Committee*

♟️In 1976, Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need felt during the operation of the internal emergency (1975–1977).

♟️The committee recommended the inclusion of a separate chapter on fundamental duties in the Constitution.

♟️It stressed that the citizens should
become conscious that in addition to the enjoyment of rights, they also have certain duties to perform as well.

♟️The Congress Government at Centre accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976.

♟️This amendment added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is, Article 51A.

♟️Though Swaran Singh Committee suggested eight Fundamental Duties in the Constitution, the 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties.

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Rajasthan Judiciary 2025
MCQ महामैराथन - लगातार 8 घंटे
Most Important MCQs For RJS 2025

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🛡️ Significance Of Fundamental Duties

♟️They serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society and to their fellow citizens.

♟️They serve as a warning against the anti-national and anti-social activities like burning the national flag, destroying public property and so on.

♟️They serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them.

♟️They help the courts in examining and determining the constitutional validity of a law.

♟️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.

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58. Mandamus – ‘We command’.
59. Modus operandi – Way of working, or mode of operation.
60. Mutatis Mutandis – With the necessary changes having been made, with the respective differences having been considered.
61. Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same offence.
62. Nemo debet bis vexari pro una et eadem causa – It means no man shall be punished twice for the same offence.
63. Nemo debet esse judex in propria causa or Nemo judex in causa sua or Nemo judex in sua causa – Nobody can be the judge in his own case.
64. Nemo moriturus praesumitur mentire – A man will not meet his maker (God) with a lie in his mouth, or, ‘no man at the point of death is presumed to lie.’
65. Novation – Transaction in which a new contract is agreed by all parties to replace an existing contract.
66. Nullum crimen sine lege, nulla poena sine lege - There must be no punishment without law.
67. Particeps criminis – A participator in the actual crime/partner in crime.
68. Per curiam (decision or opinion) – By the court.
69. Per se – By itself.
70. Prima facie – At first sight.
71. Alimony - a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce.
72. Per incuriam – Because of lack of care.
73. Qui facit per alium, facit per se – He who acts through another acts himself.
74. Qui peccat ebrius luat sobrius – He who does wrong when drunk must be punished when sober.
75. Quid pro quo – Something for something.
76. Qui sentit commodum, sentire debet et onus – It means he who receives advantage must also bear the burden.
77. Quo warranto – By what authority.
78. Respondeat superior – Let the master answer.
79. Res ipsa loquitor – The thing speaks for itself.
80. Res Judicata – A matter already judged.
81. Res Judicata Pro Veritate Accipitur – It means that a judicial decision must be accepted as correct.
82. Salus populi est suprema lex or Suprema lex salus populi – The welfare of the people is the supreme law.
83. Stare Decisis - To stand by things decided.
84. Sine qua non – “Without which nothing”.
85. Suo Motu – On its own motion.
86. Uberrima fides (sometimes uberrimae fidei) – Utmost good faith.
87. Ubi jus ibi remedium – where there is a right, there is a remedy.
88. Actus legis nemini facit injuriam - The act of the law does injury to no one.
89. Vis major – Act of God.
90. Volenti non fit injuria – Damage suffered by consent gives no cause of action.
91. Expressio Units Exclusi Alterius – Express mention of one is exclusion of another.
92. Contemporanea Expositio Est Optima et Fortissima in lege –
Contemporaneous exposition is best and strongest in law.
93. Noscitur a Sociis - A word is known by the company it keeps.
94. Ejusdem generis - Of the same kind or nature.
95. Ut Res Magis Valet Quam Pareat - It is better for a thing to have effect than to be made void.
96. Nemo dat quod non habet - no one can give what he does not have.
97. Qui prior est tempore potior est jure - he who is first in time is better in law.
98. Assignatus utitur jure auctoris - an assignee is clothed with the rights of the assignor.
99. Alienatio rei praefertur juri accrescendi - The law favors alienation to accumulation.
100. Pendent lite nihil innovature - Nothing new should be introduced during the pendency of litigation.
101. Waiver – Voluntarily giving up or removing the conditions.

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🛡️Legal Status of Right to Vote in India

♟️The Supreme Court is hearing cases related to electoral rolls, raising debate on the legal nature of the right to vote in India.

*💎Types of Rights in India*
♟️ *Natural Rights* Inherent and inalienable (e.g. right to life and liberty).
♟️ *Fundamental Rights* Guaranteed by Part III of the Constitution and enforceable by courts.
♟️ *Constitutional Rights* Explicitly provided in the Constitution but not under Part III (e.g. right to vote under Article 326).
♟️ *Statutory Rights* Granted through laws made by Parliament (e.g. rights under the Representation of the People Act).

*💎Right to Vote*
♟️Article 326 of the Constitution provides for universal adult franchise, enabling every citizen aged 18+ to vote without discrimination.
♟️However, eligibility and disqualification (e.g., imprisonment, unsound mind) are governed by the Representation of the People Act, 1950.
♟️Courts have mostly held it as a statutory right, but some judgments suggest it may also have a constitutional status.

*💎Key Judgments*
♟️N.P. Ponnuswami (1952) & Jyoti Basu (1982): Right to vote is a statutory right.
♟️PUCL (2003): P.V. Reddy held it could be a constitutional right.
♟️Kuldip Nayar (2006): Reaffirmed it is only a statutory right.
♟️Anoop Baranwal (2023) (Justice Ajay Rastogi’s dissent): Argued that voting is the expression of free choice, integral to a fundamental right under Article 19(1)(a).

🛡️Trick to remember DPSPs (Article 36–51)

*💎Mnemonic:-* SEE GAPS JUMP

♟️Social Order
♟️Education
♟️Equal pay for equal work
♟️Gram Sabha
♟️Agriculture & animal husbandry
♟️Panchayats
♟️Scientific temper
♟️Judiciary independence
♟️Uniform Civil Code
♟️Minorities promotion
♟️Provision of early childhood care

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