Fundamental rights and duties
Two sides of a coin
Keywords:
fundamental duty, enforceability, fundamental right, responsible citizenAbstract
The jurisprudence of law is that each right has a relating obligation. Moreover, Rights and Duties are cut out of the same cloth which cannot exist independently. A responsible citizen is a person who plays out his social and moral commitments and his ethical obligations towards the state and their compatriots. Fundamental Duties [1] are nothing but the core values for the citizens of the country to take responsibility and be accountable towards the State. All citizens fulfilling their duties, as led down in the Constitution automatically protect their Fundamental Rights, [2] which are guarded by the Constitution. On the proposals put forward by the Swaran Singh Committee and the controversial Forty-Second Amendment, [3] Fundamental duties were integrated into the Indian Constitution during the period of emergency which tried to aggravate the landmark judgment of the Keshavanand Bharati Case [4] but strengthened by the Apex court in Minerva Mills Case [5]. However regrettably, these essential obligations are not themselves enforceable in courts of law nor is their infringement. Here the question arises: Just because a standard rule is not upheld with sanctions for their noncompliance, will it mean that it has no significance?
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References
Amogh Dabholkar & Vaishnavi Kamble, Fundamental Duties as a mean to achieve responsible Citizenry, SCC Online Blog (July 1,2020), Fundamental Duties as a mean to achieve responsible Citizenry | SCC Blog (scconline.com)
Kesavananda Bharati Sripadagalvaru & Ors. vs. State Of Kerala & Anr (1973) 4 SCC 225, AIR 1973 SC 1461
Minerva Mills Ltd. And Ors. vs. Union Of India And Ors. AIR 1980 SC 1789
Manusmriti Verse 8.15
Fitzgerald P. J., Salmond on Jurisprudence (12th Ed. 1966)
Harold Joseph Laski, Leon Duguit & Frida Laski, Law in the Modern State (8th august 2015) Andesite Press
R.S. Clark, Hans Kelsen’s Pure Theory of Law (vol. 22) Association of American Law Schools
Mohd Aqib Aslam, Rights And Duties In The Light Of Jurisprudence. An Overview, Legal Service India E-Journal, M.C. Mehta (2) vs. Union of India (1983) 1 SCC 471
AIIMS Student Union vs. AIIMS AIR 2001 SC 3262
Aruna Roy vs. Union of India AIR 2002 SC 3176
Government Of India vs. George Philip AIR 2007 SC 705
supra note 1, at 3.
Gautam Bhatia, Rights duties and the Constitution, The Hindu, (Feb 26, 2020),
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