'Every Citizen Must Learn How To Respect Institutions Of This Country' : Plea In Supreme Court To Enforce Fundamental Duties

The Supreme Court on Monday issued notice in a writ petition seeking enforcement of fundamental duties of citizens as enshrined in the Constitution.

The bench of Justices SK Kaul and MM Sundresh sought the response of the Union and States.

It was argued in the petition 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.

"The Fundamental Duties are intended to serve as a constant reminder to every citizen that while the Constitution conferred on them certain Fundamental Rights specifically, it also requires citizens to observe certain basic norms of democratic conduct and democratic behavior because rights and duties are correlative. The Fundamental Duties are important tool to protect the unity and integrity of several institutions including the judiciary. It is submitted that every citizen must learn how to respect the institutions of this Country, There have been cases where Fundamental Duties have been brazenly flouted by the people including the officers of the law and which in turn resulted in violation of Fundamental rights of other citizen," the petition stated.

Preferred by Advocate on Record Durga Dutt, it was averred 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.

Reliance has been placed on the Judgment in Hon'ble Shri Rangnath Mishra v. Union of India and Ors 2003 Suppl (2) SCR 59, wherein directions were issued to the Central Government to consider and take appropriate steps expeditiously for the implementation of the Report of National Commission to review the working of the Constitution.

Dutt in the petition has also sought for issuance of directions to the Union and States to make comprehensive well defined laws for ensuring the adherence of Fundamental Duties and requiring the citizens to perform their Fundamental Duties properly so that Rangnath Mishra's judgment can be fully implemented.

Relief for providing incentives to citizens for operationalization, enforcement and sensitisation with respect to implementation of Fundamental Duties, setting up of an independent High Powered Committee headed by retired Chief Justice of High Court judge to scrutinize the review and entire legal framework relating to effective implementation of Part IV A has also been sought.

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

Case Title: Mr Durga Dutt v Union of India & Ors| WP(Civil) No 10329 of 2021

Click Here To Read/Download Order