Fundamental Duties of Citizens and Judicial Approach in India
DOI:
https://doi.org/10.69974/glskalp.03.03.38Keywords:
Fundamental Duties, Indian Citizens, Freedoms, Constitution of IndiaAbstract
Humans are born free and want to enjoy this freedom to the maximum extent. However, with the changes in the lives of human beings from wandering animals to societal creatures, conflict of interest has been a natural phenomenon among individuals. To regulate the human desire to act freely and the convenience of other individuals, machinery naming State came into existence to recognize the individuality of individual. In circumstances of conflict between individuals, it was inevitable for the State to recognize the basic rights of every human and at the same time not allowing interference in the freedom of others. The freedom of others altogether is a right. Therefore, how to ensure the rights of everyone has been the cardinal difficulty of all the States. And for that what should be the point of consideration, has been the issue of focus. Thus, different ideas have come in to deal with this situation. In some ideas rights have been stressed whereas in some have emphasized on the duties. This article is an attempt to see from the point of view of duties.
References
धर्माविरुद्धो भूतेषु कामोऽस्मि भरतर्षभ l (BG 07.11) I am desire, which is not in conflict with Dharma.
धृतिः क्षमा दमोऽस्तेयं शौचमिन्द्रियनिग्रहः ।धीर्विद्या सत्यमक्रोधो दशकं धर्मलक्षणम् l - मनु स्मृति
स्वधर्ममपि चावेक्ष्य न विकम्पितुमर्हसि |धर्म्याद्धि युद्धाच्छ्रेयोऽन्यत्क्षत्रियस्य न विद्यते || BG 2.31 -Besides, considering your duty as a warrior, you should not waver. Indeed, for a warrior, there is no better engagement than fighting for upholding of righteousness.
BG 16.24: Therefore, let the scriptures be your authority in determining what should be done and what should not be done. Understand the scriptural injunctions and teachings, and then perform your actions in this world accordingly.
Available on : http://www.columbia.edu/itc/mealac/pritchett/00litlinks/kautilya/book02.htm Last visited on : 25.12.2021
What were the most important duties of the King according to Arthashastra? Available on : https://www.quora.com/What-were-the-most-important-duties-of-the-King-according-to-Arthashastra : Last Visited on 28.12.2021
Fitzgerald P.J. : Salmond on Jurisprudence (12th ed.) P.217
Juridical Concepts And Jural Analysis Legal Rights And Duties available at https://shodhganga.inflibnet.ac.in/bitstream/10603/71969/3/03_chapter%201.pdf pg. 623.
INTRODUCTION act; (3) Powers to alter existing legal situations, Nano Andes Examples of Research Proposals, February 11 , 2019, available at https://nanoandes.org/introduction-act-3-powers-to-alter-existing-legal-situations/.
National Commission to Review the Working of the Constitution: A Consultation Paper on Effectuation of Fundamental Duties of Citizen, July 06, 2001. Firstly, the framers of the Indian Constitution were such visionaries as had practiced values in life, discharging their societal and national obligations and had followed noble ideals which had inspired our national struggle for freedom and the need to defend the country, promote harmony, secularism and preserve the rich heritage of the composite Indian culture. To the framers of the Constitution, these were basic and inherent values which were being practiced by each and everyone. These were first nurtured in the home traditionally and were subsequently supplemented by education in schools and colleges. These were integral part of the way of life in India and it was taken for granted that aberrations in the practice of these will not be acceptable to the society. As such no need was felt to incorporate the Fundamental Duties specifically in the Constitution. Secondly, the duties were spelt out by the Preamble to the Constitution which contains the ideals and aspirations of the people of India and the dedication of Constitution for fulfilling such ideals and aspirations. We have solemnly resolved to secure to all the citizens of India justice, liberty, equality and fraternity. Whatever is needed to achieve these goals, is our obvious duty to perform is a dictate of the Preamble. Thirdly, all the rights enshrined in Part III on Fundamental Rights have inbuilt obligations therein. The need is to read them so as to spell out and understand the duties flowing there from. Available on: https://legalaffairs.gov.in/sites/default/files/(V)Effectuation%20of%20Fundamental%20Duties%20of%20Citizens.pdf . Last visited on: 30.12.2021.
National Commission to Review the Working of the Constitution: A Consultation Paper on Effectuation of Fundamental Duties of Citizen, July 06, 2001. Available on:
https://legalaffairs.gov.in/sites/default/files/(V)Effectuation%20of%20Fundamental%20Duties%20of%20Citizens.pdf . Last visited on: 30.12.2021.
Supra note 12.
Id.
Article 32 (1) & (2), the Constitution of India, 1950 reads as under:
Remedies for enforcement of rights conferred by this Part:
The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
Shri Bodhisattwa Gautam v. Miss Subhra Chakraborty, 1996 SCC (1) 490.
S.P. Gupta V. Union of India AIR, 1982 S.C.
Available on: https://indiankanoon.org/doc/44178957/ . Last visited on: 02.01.2022.
All India S.C. S.T. OBC Classes Employees Co-ordination Council & Others v. Union of India para 14. Available on: https://indiankanoon.org/doc/44178957/ Last visited on 28.12.2021.
AIR 1973 SC 1461.Available on: https://indiankanoon.org/doc/257876/. Last visited on: 28.12.2021.
AIR 2042, 1970 SCR (2) 600. Available on: https://indiankanoon.org/doc/1801637/. Last visited on: 28.12.2021.
AIR 1992, 1991 SCR Supl (1) 46. Available on: https://indiankanoon.org/doc/734531/ Last visited on 04.01.2022.
Rule 17 of the Civil Services Examination Rules provide that if a candidate has been approved for appointment to IPS and expresses his intention to appear in the CSE (Main) for higher civil service, the services for which he is eligible to compete are IAS, IFS and Central Services Group ‘A’. The Second proviso to Rule 17 provides that a candidate who is appointed to a Central Services Group ‘B’ on the result of an earlier examination will be considered for appointment to IAS, IFS, IPS and Central Services Group 'A'. The eligibility of a candidate to appear in the Civil Services Examination with regard to nationality, age and qualifications is given under Regulation 4 of the IAS (Appointment by Competitive Examination) Regulations, 1955.
AIR 1985 AP 136.
A. Dabholkar & V. Kamble: Fundamental Duties as Mean to Achieve Responsible Citizenry: Available on: https://www.scconline.com/blog/post/2020/07/01/fundamental-duties-as-a-mean-to-achieve-responsible-citizenry/.
Available on: https://indiankanoon.org/doc/1496684/ Last visited on 30.12.2021.
(2003) 7 SCC 137.
FUNDAMENTAL DUTIES OF CITIZENS: Report of the Committee set up by the Government of India to Operationalize the Suggestions to Teach Fundamental Duties to the Citizens o f the Country, Volume 1 & 2, Government of India Ministry of Human Resource Development Department of Education 31 October 1999. Popularly known as Justice Verma Committee in Chapter 10 entitled “Salient Recommendations” under the heading “Operationalization Overview”.
AIR 382, 1991 SCR Supl. (2) 378. Available on: https://indiankanoon.org/doc/1918380/ . Last visited on 30.12.2021.
