Recently, Attorney General of India KK Venugopal has objected to a writ petition seeking “directions to enforce/enforce the Fundamental Duties and take steps to make citizens aware of their duties”.
Today Current Affairs
Background:
In February 2022, a petition was filed in the Supreme Court seeking ‘Enforcement of Fundamental Duties’ under the Indian Constitution through comprehensive and well-defined laws.
The petitioners have argued that presently a new illegal practice of protest by blocking road and rail routes under the guise of ‘freedom of speech and expression’ is being adopted by the protesters, so that the government has to meet their demands. to be forced. In view of this the need arises for ‘implementation of Fundamental Duties’.
It is also necessary to remind the citizens that ‘Fundamental Duties’ are as important as ‘Fundamental Rights’ under the Constitution.
Central Government’s efforts to create awareness about ‘Fundamental Duties’ : The Hindu Analysis
Much work has been done to sensitize both citizens and students about Article 51A.
The entire article 51A has been included in the school curriculum, along with the duties to be taught to the students, and debates are organized across the country in this context, etc.
The leaders of the country – President, Prime Minister – address the country from time to time in this context.
For this a ‘One Year Awareness Campaign’ has also been run by the government.
Supreme Court verdict in Ranganath Mishra case – 2003 : The Hindu Analysis
The Supreme Court, while delivering its judgment in this case, had observed that Fundamental Duties should be enforced not only by legal restrictions but also by social restrictions. After all, rights and duties are co-related to each other.
For implementation of the recommendations of the Justice JS Verma Committee Report on making Fundamental Duties functional, directions were issued to the Central Government to consider and take appropriate steps.
Reason behind this demand : The Hindu Analysis
The petition mentions the Bhagavad Gita on the importance of ‘duty’. Lord Krishna guides Arjuna and educates him on the importance of duties in all walks/stages of life.
The petition also referred to the then Soviet Constitution, in which rights and duties were placed on the same footing.
Fundamental duties create a “serious sense of social responsibility towards the nation”. Therefore, they should be implemented.
Effect : The Hindu Analysis
Enforcement of Fundamental Duties shall protect and maintain the sovereignty, unity and integrity of India.
Fundamental duties prepare citizens to defend the country and render such national service when required.
Fundamental duties, try to spread the spirit of nationalism and promote the spirit of patriotism to maintain the unity of India after the rise of China as a superpower.
Fundamental Duties : The Hindu Analysis
No provision was made in the original constitution related to Fundamental Duties (FD).
This clause was added to the Constitution of India through the ’42nd Amendment Act’ on the basis of the recommendations of the ‘Swarna Singh Committee’. In the year 2002, one more Fundamental Duty was added to this list.
The concept of this clause was taken from the constitution of ‘Soviet Union’.
Probably the only ‘Japanese constitution’ among other democratic nations has included provisions regarding the duties of its citizens.
Like the Directive Principles of State Policy – DPSP, ‘Fundamental Duties’ are also non-justiciable in nature.
Importance of Fundamental Duties : The Hindu Analysis
Fundamental duties serve to remind citizens that while exercising their rights, they should also be aware of their duties towards their country, society and their fellow citizens.
Fundamental duties act as a warning against anti-national and anti-social activities like burning of national flag, destruction of public property etc.
Fundamental duties act as a source of inspiration to the citizens and inculcate a sense of discipline and commitment in them.
Fundamental Duties create the view that citizens are not mere spectators but active participants in the achievement of national goals.
Criticism of Fundamental Duties : The Hindu Analysis
Fundamental duties have been made non-justiciable in nature.
The list of duties included in this section is not exhaustive, as it does not cover some important duties such as voting, tax-payment, family planning, etc.
Some duties are vague, multi-meaning and difficult to understand for the common man.
The inclusion of ‘Fundamental Duties’ in the Constitution has been termed as redundant by some critics, as they would normally be performed even if they were not included.
Inclusion as an appendage of the Constitution dilutes the value and importance of ‘Fundamental Duties’.
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