Supreme Court to look at enforcing Fundamental Duties

NEW DELHI: The Supreme Court on Monday decided to explore the possibility for enforcing the

Fundamental Duties

as enshrined in the

Constitution

and agreed to examine a

PIL

seeking that moral obligations of the duties be converted into legal commitments by enacting a law.

A a bench of Justices

Sanjay Kishan Kaul

and

M M Sundresh

issued notice to the Centre and states seeking their response on making a comprehensive well-defined laws/rules ensuring adherence to the provisions of Part IV-A of the Constitution requiring the citizens to perform their Fundamental Duties properly. The Fundamental Duties obligate all citizens to respect the national symbols of India, including the Constitution, to cherish its heritage, and preserve its composite culture. They also obligate all Indians to promote the spirit of common brotherhood, protect environment and public property, develop scientific temper, humanism and abjure violence.

The court passed the order on a petition filed by advocate

Durga Dutt

who contended that the Fundamental Duties are intended to serve as a reminder to every citizen that while the Constitution conferred on them Fundamental Rights specifically, it also requires citizens to observe basic norms of democratic conduct and behaviour because rights and duties are co-relative. “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 citizens,” the petition said.

The petitioner also brought to the court’s notice the growing trend of people blocking roads and highways while protesting and said it is the need of the time to “hit a balance between civic rights, liberties and freedoms and civic obligations”.

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