Plea To Enforce Fundamental Duties : Supreme Court Displeased With States Which Haven't Filed Responses, Summons Secretaries

A Bench comprising Justice S.K. Kaul, Justice Manoj Misra and Justice Aravind Kumar was apprised by Senior Advocate, Mr. Ranjit Singh, appearing for the petitioner, that the office report shows there are States that are yet to file their counter affidavits. During the course of the hearing, the Bench was also informed that some of the States have filed the counter affidavits, but they have been filed beyond the time period mentioned in the order. The Bench indicated that in case of further non-compliance the Secretaries of the concerned Ministry of the States would be required to be present before it virtually. Accordingly, it recorded in the order -

“The ones who have filed it belatedly are permitted to bring the same or record, but those of the States who have not filed, let notice be issued to the Secretaries of the Ministry concerned with remain present in court through virtual mode.

At the request of the Ld. Counsel for the State of Odisha, we permit affidavits not already filed to be filed within a week. Such of those who still don’t file it, the concerned Secretaries will have to remain present as above said. They will have to bear the cost as mentioned in the last order.”

On the last date of hearing, the Apex Court had categorically passed an order for the State Governments that did not file counter affidavits. It clarified that if the State Governments do not file the counter affidavits or file it on a belated date, they would be visited with a cost of Rs. 25,000 each. It had also granted the last opportunity to the Ministry of Law and Justice to file its counter affidavit. On Tuesday, Additional Solicitor General, Mr. Balbir Singh informed the Bench that the Ministry has now filed its counter affidavit

Considering the States’ delay in filing the affidavits, Justice Kaul remarked, “Getting pleadings completed is a herculean task, forget hearing them’.

The ASG pointed out that the petitioner seeking enforcement of fundamental duties has relied on the Constitutions of Japan, China and Russia. He added -

"We have not seen in a 32 petition someone relying on the Chinese Constitution."

Mr. Ranjit Singh informed the Bench that the Attorney General for India was asked to file his notes in the matter, but is yet to file the same. Mr. Singh submitted that the note was with him and if directed by the Court he would file the same. The Bench asked him to file it, so that the stand of the Centre would be known.

In April, the then Attorney General, Mr. K.K. Venugopal had objected to the petition filed by Advocate Durga Dutt. Asserting that "tremendous amount of work" has been done by the Ministry of Law and Justice to create awareness about duties, the AG said that the petitioner should have first done research to ascertain the facts before filing the said writ petition. The AG added that the prayer to enact a law to enforce duties is not maintainable at all as no mandamus can be issued by the Court to the Parliament.

The Court had issued notice in the matter in February. During the course of the hearing, the Court sought Central Government's response as to whether any steps have been taken in pursuance of the top Court's judgment in case of 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 present petition argues that the non-adherence of the Fundamental Duties has a direct bearing upon the Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India.

Further, the petition points out that except for some scattered legislation, there is neither a uniform policy nor a comprehensive code for enforcement of Fundamental Duties.

"It is need of the time to motivate every citizen of India to perform their duty to uphold and protect the sovereignty, unity and integrity of India; to defend the country and render national service when called upon to do so, to value and preserve the rich heritage of our composite culture and protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. The people of this country should have a duty to preserve the nationality and integrity of the country," petition further stated.

The plea also seeks to set up an independent High Powered Committee headed by a retired Chief Justice or Judge of the Supreme Court or any High Court to scrutinise and review the entire legal framework relating to the effective implementation of Part IV-A and give out recommendations on the same.

The petitioner has also prayed for framing guidelines/ regulations for taking appropriate steps to sensitise the people and spread general awareness among the citizens in relation to performance of Fundamental Duties.

The matter is to be next taken up on 28th March, 2023. 

[Case Title: Durga Dutt v. UoI And Ors. WP(C) No. 67/2022]

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