Supreme Court Seeks Attorney General's Assistance In Plea To Sensitise Citizens About Fundamental Duties

The Supreme Court of India on Tuesday sought assistance of the Attorney General of India KK Venugopal in a writ petition seeking to sensitise citizens about the fundamental duties enshrined in the Constitution.

A Bench comprising Justice SK Kaul and Justice MM Sundresh has sought Central Government's response as to whether any steps have been taken in pursuance of the top Court's judgement in case of Hon'ble Shri Rangnath Mishra v. Union of India and Ors, wherein directions were issued to the Centre to consider and take appropriate steps expeditiously for the implementation of the recommendations of Justice JS Verma Committee's report on the operationalisation of fundamental duties.

The Bench has also asked the Central Government if it proposes to take any steps in furtherance of the judgement thereof.

The Bench will hear the matter next on 4th April 2022.

The present petition argues that the non-adherence of the Fundamental Duties has direct bearing upon the Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India.

When the matter was taken, the bench observed that the reliefs claimed in the petition might fall within the domain of political dispensation. On the bench asking what exactly was the nature of relief sought, Senior Advocate Ranjit Kumar submitted that enforcement of the judgment in Rangath Mishra case is sought. The senior counsel sought that the Government be asked to inform the Court regarding the steps taken by it to enforce the directions.

On this aspect, the bench agreed to issue notice. Further, it decided to seek the assistance of Attorney General for India.

Supreme Court's Directions In Rangnath Mishra's Case: 

In Ranganath Mishra's judgement, the Court had asked the Central Government to consider the recommendations of the Justice J.S. Verma Committee in its right earnestness and take appropriate steps for their implementation as expeditiously as possible.

The Committee's report was on operationalization of fundamental duties of citizens. The Report of the National Commission to Review the Working of the Constitution had accepted Justice Verma Commission's report.

In the light of Justice Verma Commission's report, the National Commission to Review the Working of the Constitution made the following recommendations regarding the mode and manner to be adopted for generating awareness and consciousness of the citizens towards their fundamental duties:

• The Union and State Governments have to sensitise the people and to create general awareness of the provisions of fundamental duties amongst the citizens on the lines recommended by the Justice Verma Committee on the subject.
• Consideration should be given to the ways and means by which Fundamental Duties could be popularized and made effective
• The right to freedom of religion and right of minorities and fellow citizens respected.
• The reform of the whole process of education is an immediate but immense need, as is the need to free it from governmental or political control; it is only through education that will power to adhere to our Fundamental Duties as citizens can be inculcated.
• The duty to vote at elections, actively participate in the democratic process of governance and to pay taxes should be included in article 51A.
• The significance of dignity of the individual in all its facets and the objective of overall development of the personality of the individual must be emphasized in the curriculum at all the stages of education.
• Methods must be devised to operationalize this concept as a constitutional value in our educational curriculum and in co- curricular activities, in schools and colleges.

Case Title: Mr Durga Dutt v Union of India & Ors| WP(Civil) No 67 of 2022

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