Dalit-Online: Independence & Fundamental Duties

Dalit-Online

Weekly e news paper

Editor: Nagaraja.M.R.. Vol.17....Issue. 33............15/08/2021

Answer Honourable CJI & Delhi Police Commissioner

https://dalit-online.blogspot.com/2021/08/answer-cji-delhi-police-commissioner.html?m=1

Editorial : FUNDAMENTAL DUTIES Vs Corrupt Judges Police Public Servants

Fundamental Duties of Citizens and Constitutional Duties of Public Servants are complementary to each other. Nowadays criminalization of politics , judiciary , police , etc has taken place and many unfit candidates are in public service. These corrupt , unfit public servants are misusing their offices and putting legal seal on illegal acts , making those illegal acts technically legal. Here raises the conflict between FUNDAMENTAL DUTIES OF AN INDIAN CITIZEN and ILLEGAL ACTS OF GOVERNMENT OFFICIALS.

For example real estate mafia grabs BEML Quarters lake , Kaynes Hootagalli Lake , Ningaih lake , Hebbal lakes in mysuru creates fake title deeds and even gets it registered by sub registrar all with the help corrupt officials in government. Even police protect the rich land grabber. When a case is made out in the court of law for eviction of lake encroachers , judge simply goes through the technicalities of government documents. Based on official documents he gives green signal to encroacher and orders for protection of his encroached properties. Lakes are nobody’s property , it is a public property and to be preserved for public usage. The good Samaritan Indian Citizen who did his “Fundamental Duties of Protecting Lakes “ lost money , time, faced abuses / remarks from the judge , faced life threat from land mafia & police. All for nothing.

One more example , a citizen while passing through a public road witnesses an accident , takes the injured to the hospital for emergency treatment to save life and informs police regarding accident making vehicle. Instead of appreciating his good work , police fits him in the case , case drags on for years making the good citizen loose his money , time & job. Also , he is threatened by vehicle owner who made the accident , no protection to the citizen for doing his :Fundamental Duties”.

One more example , a citizen complained to authorities regarding business of a liquor bar in a residential location much close to religious building & schools. The bar owner had secured license from state excise department much against the norms. Police called the good citizen for questioning repeatedly , court judge called him to court repeatedly and finally based on the license given by corrupt government official allowed the bar to operate , fined the complainant. Goons of bar owner roughed up the good citizen making him to move away from the locality itself.

An Indian citizen requests for information from authorities regarding llegalities , irregularities , misuse of office in working by judges , police , etc from supreme court of india and other related authorities under RTI Act. So that based on RTI reply from concerned authorities he can legally prosecute the guilty judges , police , public servants , can get the injustices rectified by court of law and put an end to further crimes by those guilty , corrupt public servants all in public interest. This is an effort by that Indian citizen as his “FUNDAMENTAL DUTIES” to uphold law , constitution of india. But PIOs , RTI Appellate authorities of supreme court of india & other bodies didn’t give full truthful information at all . Thereby , they committed one more crime of of covering up another crime and aiding criminals to continue with their crimes unabated. Thereby , guilty judges , police , other public servants obstructed the citizen from performing his FUNDAMENTAL DUTIES , Violated his FUNNDAMENTAL RIGHTS & HUMAN RIGHTS TO EQUITABLE JUSTICE. No justice in sight till date to good Samaritan Indian citizen , more injustices were meted out to him by judges , police , public servants - he suffered physical assaults , murder attempts , jobs denied , news paper closed , press accreditation denied , PILs he sent to apex court were not admitted , all to silence him.

In this way , there are numerous cases of Indian Citizens , whistle blowers , RTI Activists , Journalists who themselves suffered gross injustices for raising public causes , for doing their Fundamental Duties. No Justice to them even from apex court till date.

Every citizen of india must perform his / her “Fundamental Duties” without fail, before demanding his fundamental rights. Every public servant must do their constitutional duties without fail.

A citizen performs fundamental duties without any rewards or pay or perks where as a government official / public servant does his / her duties for huge pay & perks.

A citizen while performing his fundamental duties often has to spend his own money , time to fight legal cases , etc. Whereas a public servant spends nothing during the course of his public duties, everything is borne by state exchequer.

A citizen while performing his fundamental duties faces rowdy elements , physical assaults in few instances even resulting in his own murder. His family doesn’t get even a penny compensation from exchequer. Whereas a public servant enjoys the full police protection in the course of his duties and even if anything untoward happens his family will get compensation.

Obstructing a Citizen from performing his fundamental duties doesn’t attract any legal prosecution whereas obstruction of public servant’s constitutional duties is a crime under IPC.

Therefore in order to preserve , uphold democracy , Constitution of india , apex court must order Central Governments , All State Governments and other Statutory bodies :

1. To make obstruction of “Fundamental Duties of an Indian Citizen” a legally punishable offence on par with the obstruction of a public servant’s duties.

2. To pay compensation of Rupees Two Crores and above to RTI Activists , Whistle Blowers , Journalists , ordinary citizens who paid with their lives or suffered injuries in the course of their fundamental duties.

3. To order for inspection , investigation of each & every issue raised by a citizen in the course of his fundamental duties instead of simply relying on government records alone prepared by corrupt officials.

4. To order all public servants including judges , Members of Parliament , Members of Legislative Assemblies , IAS officers , other public servants to do their constitutional duties properly.

Your’s ,

Nagaraja Mysuru Raghupathi

Important duties of a citizen towards his Motherland / State

(a) Allegiance:

Every citizen is expected to be loyal to the state. His or her loyalty should, in no case, be divided. The state expects unstinted allegiance from its citizens.

(b) Obedience:

All the citizens should willingly and habitually obey the laws of the state. A democratic government is a government of the people themselves. Laws reflect their own will. There should not be, therefore, any hesitation in the obedience of laws.

The administration of a country involves a certain amount of expenditure. This expenditure cannot be met without raising certain taxes. Citizens in their own interest, should, therefore willingly and honestly make payment of their taxes.

(d) Public Spirit:

Every citizen should be public spirited. He should not seek his self-interest and should always be ready to contribute his mite to the welfare of society.

(e) Honest exercise of Franchise:

Vote is a sacred trust in the hands of the citizens. It should always be used judiciously. Suitable represen-tatives should be sent to the legislatures. A wrong use of vote may result in a bad government.

(J) Help to Public Officials in the maintenance of Law and Order:

It is the duty of every citizen to lend a hand of co-operation to public officials in the discharge of their duties. Every citizen should try to remove evils and crimes from society by rendering help to the officials concerned.

(g) Work:

Every able-bodied citizen should work and try to add something to the social fund. Idlers are a parasite on the society. Work brings in wealth and prosperity in the country. In countries like Russia work is considered to be a legal duty.

(h) Toleration:

Every citizen is expected to be tolerant towards others. Their religious beliefs "Do unto others what you wish to be done by," should be the motto before every citizen.

(j) Resistance:

It is more or less a moral duty. It is the duty of a good citizen to resist injustice from any quarter. If the government is unjust, it may also be resisted.

The Fundamental Duties

- Speech by Justice Kurian Joseph

The following ten Fundamental Duties were introduced by the 42nd Amendment Act, 1976 — Article 51-A:

It shall be the duty of every citizen of India:

To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.

To cherish and follow the noble ideals which inspired our national struggle for freedom; 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 promote harmony and the spirit of common brotherhood amongst all people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women.

To value and preserve the rich heritage of our composite culture.

To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

To develop the scientific temper, humanism and the spirit of inquiry and reform.

To safeguard public property and to abjure violence.

To strive towards excellence in all spheres of individual and collective activity.

So that the nation constantly rises to higher levels of endeavour and achievement. Subsequently, another duty was added by the 86th Constitutional Amendment Act of 2002: for a parent or guardian to provide opportunities for education of the child or ward between the age of six and fourteen.

Since then, the scope of Fundamental Rights under Part III of the Constitution has seen significant expansion through judicial pronouncements; the right to free legal services to the poor, right to speedy trial and right to live in a clean and healthy environment are just a few examples. As a result, an imbalance has been created between the current set of Fundamental Rights and Duties. Here is an attempt to examine if a few additional Fundamental Duties in the Constitution of this country could help in balancing out the rights of its citizens and further make them more responsible towards the country’s development.

Additional duties

Duty to vote: Article 326 of the Constitution read with Section 62 of the Representation of People’s Act, 1951 confers the right to vote. However, quite often the question arises as to whether that right also implies an obligation. The voter turnout during the last general election amounted only to about 67 per cent. This voter apathy should be taken seriously and an attempt should be made to make voting a citizenship obligation.

The state can take several steps to ensure that this duty to vote is made operational and effective. One method through which this may be achieved is by developing a system of incentives for voters and conversely disadvantages for those who abstain from performing their duty to vote. A very large section of people can be motivated to vote this way.

Duty to pay taxes: The tax gap (the revenue that a government is expected to receive as against the revenue it actually collects) continues to increase every year. The greatest indicator of this is the fact that the size of India’s shadow economy as a share of the GDP reached 24.3 per cent in the year 2012. Research has found that tax evasion is a direct result of lack of trust among the people, in general, and the government, in particular. Citizens must believe that their taxes are bound to be used for public good. The incorporation of the right to pay taxes as part of Fundamental Duties in the Constitution will shift the onus onto the taxpayer to pay taxes rather than the tax department to collect them.

Duty to help accident victims: Every 60 minutes, 16 persons die in traffic accidents in India. According to the Law Commission of India, at least 50 per cent of fatalities can be prevented if road accident victims receive medical attention within the critical first hour after the accident. The Karnataka government’s decision to frame a ‘Good Samaritan law’ is a step in the right direction. With the increase in the number of accidents, it has become pertinent for India to recognise this duty as one owed by its citizens towards each other.

Duty to keep the premises clean: Prime Minister Narendra Modi’s Swachh Bharat Mission has received tremendous support from people from all walks of life. The most effective mechanism to tackle uncleanliness is to sensitise people about this duty. Therefore, it is imperative that a Fundamental Duty to this effect be added to the Constitution.

For a better society

Duty to prevent civil wrongs: It is not enough that a citizen refrains from committing wrong; he has a duty to see that fellow citizens do not indulge in the commission of wrongs.

Duty to raise voice against injustice: Today people seem to have stopped reacting to atrocities; they neither report crimes nor volunteer to testify in a court. The duties of a victim or a witness can be classified into two main categories, viz. duty to report a crime and duty to testify in court. The state must also on its part work to ensure that the fight to bring the offender to book does not become a Kafkaesque nightmare for the victim or witness.

Duty to protect whistle-blowers: With the coming into force of the Right to Information Act, 2005, every citizen has become a “potential whistle-blower”. While the state has a great deal of responsibility in providing for their protection through appropriate legislative instruments, the responsibility to protect torchbearers of transparency vests on each one of us.

Duty to support bona fide civil society movements: Citizens have a moral duty to organise themselves or support citizen groups so that the gaps in governance left by the executive can be filled and the rights guaranteed by the Constitution are made available to every citizen. Therefore, it is proposed that there must be an addition to Part IV-A of the Constitution to that effect.

Reinvigorating civic responsibility: In the modern context, it has become increasingly important to instil a reinvigorated sense of civic responsibility among Indian citizens. This can be achieved by adding new duties to the existing list of Fundamental Duties while also laying emphasis on the performance of the existing ones. The significance of Fundamental Duties is not diminished by the fact that there is no punishment prescribed for not following them. Fundamental Duties constitute the conscience of our Constitution; they should be treated as constitutional values that must be propagated by all citizens.

It appears our polity is not even aware of such a noble part of our Constitution. This should be included in the curriculum of high school students at least.

Why citizens are not performing fundamental duties enshrined in Article 51A of the Constitution of India?

By Ashok Arora

I recently filed a PIL, Ashok Arora V/S Union of India (Civil Writ 314/2016) stating a shocking fact, but the bitter realty that 99.9% citizens including the Supreme Court lawyers, judges and the parliamentarians don’t perform their fundamental duties enshrined in Article 51A of the Constitution of India.

We all know that article 51A of the constitution, which defines the fundamental duties of a citizen, enjoins upon every citizen to develop the spirit of enquiry and scientific temper. It enjoins upon us to abide by the constitution, which starts with a pledge to secure for all its citizens, justice social, economic and political. The dream of the framers of the constitution to ‘wipe the last tear from the last eye’ is nowhere near realization; rather millions of fellow citizens go to bed on an empty stomach.

More than two lac fifty thousand farmers committed suicide during the last fifteen years. Millions have no access to clean drinking water, basic health facilities and primary education and the majority of degree holder youth are unemployable.

Also Read: Constitution of India is Not Available Free to the Citizens

The real cause of miseries to the millions of fellow human beings is the lack of training of mind & soul, not developing the spirit of enquiry as mandated by the Constitution of India. We have no time to develop that spirit of enquiry and scientific temper as envisaged in the constitution of India.

We all want our rights without performing the fundamental duties. The question is that how can we think of building a nation without building the national character? And how can we build the national character without performing the fundamental duties like developing the spirit of enquiry? The lack of ‘training of mind and soul (pure conscience)’ to provide value education leads to non-performance and corruption, which leads to miseries to the fellow citizens.

The state has failed to provide any opportunity and facilities to children to develop in a healthy manner and in condition of freedom and dignity as enjoined under article 39(f) of the constitution of India. It has further failed to protect the youth against exploitation and against moral and material abandonment as enjoined in the same article of the constitution of India. It has also failed in its endeavour to provide (within a period of ten years from the commencement of our constitution) for free and compulsory education (Purposeful Education) for all children until they complete the age of fourteen years as mandated by the constitution of India.

That article 51A (h) is the most important provision of the constitution, which mandates for every citizen to develop scientific temper, humanism and the spirit of enquiry. The successive governments for the last 69 years, the state has failed to create awareness, it has failed to inform the citizens of the fundamental duties and it has failed to create an atmosphere where every citizen performs his fundamental duties. It has failed to implement the recommendations made by various education committees appointed to suggest educational reforms.

My Public Interest Litigation has been filed to seek directions that the states implement the recommendations made by various education committees on educational reforms, states provide for compulsory education (purposeful education), it performs its duty to make people aware of their fundamental duties, creates an atmosphere where everyone performs his fundamental duties, it defines the real meaning of education as per the recommendations of various committees & the meaning of education suggested by great philosophers and make necessary changes in the education system accordingly.

I also sought permission to assist the court with reference to my module for training of the mind and soul, which I prepared with reference to my study of holistic personality development, child development, Holy Scriptures and views of philosophers, saints and educationists. I started the study of child development even before the birth of my son, thirty two years ago and eleven years back decided to renounce a lucrative law practice to dedicate myself to guide the youth. I have tried to make my humble contribution by writing a few books and articles on the subject.

My film, ‘Kasoor Kiska”, which is referred in this petition also suggests the ways to guide and motivate the youth to work towards nation building. I have had the privilege to deliver hundreds of free talks in Leh-Ladakh and many remote areas of Jammu & Kashmir, UP, MP, Rajasthan, Punjab, Haryana, Delhi and Maharashtra. I interacted with many students and educationists at many places in Harvard, Oxford, Switzerland, USA, Canada, Germany and Dubai etc. I wish to refer to a few of my YouTube talks and pictures to demonstrate that the youth is enthusiastic and in fact, hungry to listen to good things.

Unfortunately they are not being guided appropriately. They are all good and they all want to serve, but they do not have any role models. The problem throughout the world is same that the education system is producing computers and not compassionate human beings. That is why even after 69 years of independence and 66 years of the history of Supreme Court of India we have not produced a single statesman like Dr. BR Ambedkar, Bhagat Singh, Mahatma Gandhi, Abraham Lincoln, Martin Luther King, Sardar Patel or Sir Sayed Ahmed. The world is investing more in making of bombs than in producing compassionate human beings, which is the main reason for sufferings and violence all over the world.

Knowing your wisdom, expertise and vast experience, dear citizens I wish to seek your guidance. I request my dear citizens to initiate a debate, file an intervention or write an article to guide the law students and the society on the above subject. I am in Texas; US these days but keep coming to India as and when required. Kindly indicate the best time to have a telephonic conference with you. I can email you the petition and the whatsapp video message I sent to the Honb’le CJI, which also initiated the debate as to whether a whatsapp message can be treated as PIL.

I argued the matter before Court 1 on 9th May and now it is listed for 19th July. I also wish to discuss with you what transpired on the first listing.

http://www.livelaw.in/breaking-erring-prosecutors-and-investigating-officers-must-be-proceeded-against-in-case-of-unmerited-acquittals-and-wrongful-convictions-sc-download-the-judgment/

PIL – Fundamental Duties of Citizens Vs Corrupt Government Officials

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

Versus

Honourable Chief Justice of India & Others

....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,

Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India.

The Humble petition of the Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

For example real estate mafia grabs BEML Quarters lake , Kaynes Hootagalli Lake , Ningaih lake , Hebbal lakes in mysuru creates fake title deeds and even gets it registered by sub registrar all with the help corrupt officials in government. Even police protect the rich land grabber. When a case is made out in the court of law for eviction of lake encroachers , judge simply goes through the technicalities of government documents. Based on official documents he gives a green signal to encroacher and orders for protection of his encroached properties. Lakes are nobody’s property , it is a public property and to be preserved for public usage. The good Samaritan Indian Citizen who did his “Fundamental Duties of Protecting Lakes “ lost money , time, faced abuses / remarks from the judge , faced life threat from land mafia & police. All for nothing.

An Indian citizen requests for information from authorities regarding llegalities , irregularities , misuse of office in working by judges , police , etc from supreme court of india and other related authorities under RTI Act. So that based on RTI reply from concerned authorities he can legally prosecute the guilty judges , police , public servants , can get the injustices rectified by court of law and put an end to further crimes by those guilty , corrupt public servants all in public interest. This is an effort by that Indian citizen as his “FUNDAMENTAL DUTIES” to uphold law , constitution of india. But PIOs , RTI Appellate authorities of supreme court of india & other bodies didn’t give full truthful information at all . Thereby , they committed one more crime of of covering up another crime and aiding criminals to continue with their crimes unabated. Thereby , guilty judges , police , other public servants obstructed the citizen from performing his FUNDAMENTAL DUTIES , Violated his FUNNDAMENTAL RIGHTS & HUMAN RIGHTS TO EQUITABLE JUSTICE. No justice in sight till date to good Samaritan Indian citizen , more injustices were meted out to him by judges , police , public servants - he suffered physical assaults , murder attempts , jobs denied , news paper closed , press accreditation denied , PILS he sent to apex court were not admitted , all to silence him.

Every citizen of india must perform his / her “Fundamental Duties” without fail, before demanding his fundamental rights. Every public servant must do their constitutional duties without fail.

A citizen performs fundamental duties without any rewards or pay or perks where as a government official / public servant does his / her duties for huge pay & perks.

Obstructing a Citizen from performing his fundamental duties doesn’t attract any legal prosecution whereas obstruction of public servant’s constitutional duties is a crime under IPC.

2. Question(s) of Law:

Are Fundamental Duties of Indian Citizens Supreme or the Illegal acts , orders by corrupt Government officials (Legalizing illegal acts) Supreme ?

3. Grounds:

Requests for equitable justice , Prosecution of corrupt judges , police , public servants responsible for injustices , obstructions to Fundamental Duties of citizens.

4. Averment:

Please read details at :

Traitors in Judiciary & Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police ,

Crimes by Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki

FIRST Answer Judges Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police

SHAME SHAME JUDGEs - Atrocities against DALITs by Judges

https://sites.google.com/site/sosevoiceforjustice/shame-shame-judges ,

https://sites.google.com/site/eclarionofdalit/shame-shame-judges

“There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts. ”

- Mahatma Gandhi

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the cases mentioned at above web sites , to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , common men & see how careless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

1. To make obstruction of “Fundamental Duties of an Indian Citizen” a legally punishable offence on par with the obstruction of a public servant’s duties.

4. To order all public servants including judges , Members of Parliament , Members of Legislative Assemblies , IAS officers , other public servants to do their constitutional duties as well as their FUNDAMENTAL DUTIES properly.

5. To admit all the PILs sent by me to supreme court of india and to order the concerned public servants to give proper reply to all RTI Appeals made by me.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Dated : 26.02.2017……… ………………….FILED BY: NAGARAJA.M.R.

Place : Mysuru , India……………………. PETITIONER-IN-PERSON

A Critical Study of the Fundamental Duties under the Constitution of India as Legally Enforceable Duties under Different Statutes

By – Mohit Daulatani

Constitution is the supreme law of India. It is the longest written constitution of any sovereign country in the world, containing 448 articles in 25 parts, 12 schedules and 97 amendments. Besides the English version, there is an official Hindi translation. B. R. Ambedkar is the Chief Architect of Indian Constitution.Constitution was enacted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950. Date 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930.

It declares India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them. Constitution was formed on the 26th of November in 1949 by the Constituent Assembly and came into force on the 26th of January 1950. Fundamental Duties of the citizens of India mentioned in Article 51A of the Indian Constitution. By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated.

The Fundamental duties have been incorporated in the constitution to remind every citizen that they should not only be conscious of their rights but also of their duties. The concept of Fundamental Duties was taken from the constitution of USSR along with the concept of Five Year Plan.

The Fundamental Rights in Part III, the Directive Principles of State Policy in Part IV and the Fundamental Duties in Part IVA forms a compendium and have to be read together. It is true that there is no legal sanction provided for violation or non-performance of Fundamental Duties. There is neither specific provision for enforceability nor any specific prohibition. However, Fundamental Duties have an inherent element of compulsion regarding compliance. Out of the ten clauses in article 51A, five are positive duties and the other five are negative duties. Clauses (b), (d), (f), (h) and (j) require the citizens to perform these Fundamental Duties actively. It is said that by their nature, it is not practicable to enforce the Fundamental Duties and they must be left to the will and aspiration of the citizens. However, in the case of citizens holding public office, each and all Fundamental Duties can be enforced by suitable legislation and departmental rules of conduct. Appropriate sanctions can be provided for lapse in respect of each Fundamental Duty and it is quite practicable to enforce the sanction against every citizen holding a public office; for instance, departmental promotions can be deferred, increments can be withheld, etc. If an officer takes part in a strike or stalls the proceedings of his institution, he can be made to forgo the salary for that day.

For the proper enforcement of duties, it is necessary that it should be known to all. This should be done by a systematic and intensive education of people that is by publicity or by making it a part of education. The Law minister has himself suggested it.

In M.C. Mehta (2) v. Union of India, the Supreme Court has held that under Art. 51-A (g) it is the duty of the Central Government to introduce compulsory teaching of lessons at least for one hour in a week on protection and improvement of natural environment in all the educational institution of the country.

In AIIMS Students Union v. AIIMS, speaking about the importance of Fundamental Duties enriched in Article 51-A while striking down the institutional reservation of 33% in AIIMS coupled with 50% reservation discipline wise as violative of Article 14 of the Constitution, the Supreme Court said that they are equally important like fundamental rights.

2. Inception of the Indian Constitution

The Constitution of India came into force on 26 January 1950. Since then, the day is celebrated as Republic Day. However, before 1950, 26 January was called Independence Day. Since 26 January 1930, it was the day on which thousands of people, in villages, in mohallas, in towns, in small and big groups would take the independence pledge, committing them to the complete independence of India from British rule. It was only fitting that the new republic should come into being on that day, marking from its very inception the continuity between the struggle for independence and the adoption of the Constitution that made India a Republic.

The process of the evolution of the Constitution began many decades before 26 January 1950 and has continued unabated since. Its origins lie deeply embedded in the struggle for independence from Britain and in the movements for responsible and constitutional government in the princely states. Constitution is the supreme law of India. It is the longest written constitution of any sovereign country in the world, containing 448 articles in 25 parts, 12 schedules and 97 amendments. Besides the English version, there is an official Hindi translation. B. R. Ambedkar is the Chief Architect of Indian Constitution. Constitution was enacted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950.[5]

In 1946, the British decided to examine the possibility of granting independence to India. As a result, a British cabinet mission was despatched to India to hold discussions with the representatives of British India and the Indian States in order to agree on the framework for writing a constitution, and, to set up a constituent body and an executive council. Following this mission and the ensuing negotiations, a Constituent Assembly was indirectly elected by the provincial legislatures comprising 278 representatives and 15 women. Parties represented in the CA were the Congress Party which had a majority, Muslim League, Scheduled Caste Federation, the Indian Communist Party and the Union Party. The CA met for the first time in December 1946 and by November 1949 the draft constitution was approved. The constitution went into effect in January 1950 and the CA was transformed into a Provisional Parliament.

The Constitution which is still in force has been amended over 90 times making it one of the most frequently amended constitutions in the world. It is also known to be one of the longest and most detailed in the world with 395 articles and 10 appendixes called schedules.

Key timelines in the 1948 constitutional process

1946 Britain decides on to grant independence to India and cabinet mission is dispatched to India to discuss modalities for transfer of power

14 August 1947 Proposal for creation of committees is tabled

29 August 1947 Drafting committee is established

6 December 1947 Constituent Assembly formally convenes for the first time, following elections, to start the process of writing a constitution.

4 November 1947 Draft is finalized and submitted

1948 – 1949 Constituent Assembly meets in sessions open to the public

26 November 1949 Constituent Assembly adopts final draft making it official

26 January 1950 Entry into force of the new constitution

3. Fundamental Duties

Fundamental Duties of the citizens of India mentioned in Article 51A of the Indian Constitution. By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated.

Following are the Fundamental Duties under the Constitution of India which is given in Part IV-A of the Constitution of India which was inserted by the (42nd Amendment) Act, 1976.

It shall be the duty of every citizens of India-

a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

c) to uphold and protect the sovereignty, unity and integrity of India;

d) to defend the country and render national service when called upon to do so;

e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

f) to value and preserve the rich heritage of our composite culture;

g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

i) to safeguard public property and to abjure violence;

j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.]

[(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.]

Part IV-A of the Constitution (Forty-second Amendment) Act, 1976, in accordance with the recommendations of the Swaran Singh Committee in order to bring out Constitution in line with Article 29 (1) of the Universal Declaration of Human Rights, 1948 and the Constitutions of countries like Japan, China, U.S.S.R. etc.

Article 29 (1) of the Universal Declaration of Human rights, 1948, states:

“Everyone has duties to the community in which alone the free and full development of his personality is possible.”

It is the basic principle of jurisprudence that every right has a correlative duty and every duty has a correlative Right. But the rule is not absolute. It is subject to certain exceptions in the sense that a person may have a right, but there may not be a correlative duty.

In Chandra Bhawan Boarding v. State of Mysore, the Supreme court made the following observation prior to the insertion of Article 51-A:

“It is a fallacy to think that our Constitution, there are only rights and no duties. The provisions in Part IV enables the legislature to build a welfare society and that object may be achieved to the extent the Directive Principles are implemented by legislation.”

The Supreme Court has referred to these duties in the context of clause (g)--pollution matters and Clause (j)--excellence in the civil service.

In A.I.I.M.S. Student’s Union v. A.I.I.M.S., a three-Judge Bench of the Supreme Court made it clear that fundamental duties, though not enforceable by a writ of the court, yet provide valuable guidance and aid to interpretation and resolution of constitutional and legal issues. In case of doubt, peoples’ wish as expressed through Article 51-A can serve as a guide not only for resolving the issue but also for constructing or moulding the relief to be given by the courts. The fundamental duties must be given their full meaning as expected by the enactment of the Forty-second Amendment.

In Mohan Kumar Singhania v. Union of India, a governmental decision to give utmost importance to the training programme of the indian Administrative Service selectees was upheld by deriving support from Article 51-A (i) of the Constitution, holding that the governmental decision was in consonance with one of the fundamental duties.

In Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh, a complete ban and closing of mining operation carried on in Mussoorie hills was held to be sustainable by deriving support from the fundamental duty as enshrined in Article 51-A (g) of the Constitution. The court held that preservation of the environment and keeping the ecological balance unaffected in a task which not only government but also every citizen must undertake. It is a social obligation of the state as well as of the individuals.

4. Enforceability of Fundamental Duties

The fundamental duties enjoined on citizen under Article 51-A should also guide the legislative and executive actions of elected or non-elected institutions and organisations of the citizens including the municipal bodies.

Duties are observed by individuals as a result of dictates of the social system the environment in which one lives, under the influence of role models, or on account of punitive provisions of law. It may be necessary to enact suitable legislation wherever necessary to require obedience of obligations by the citizens. If the existing laws are inadequate to enforce the needed discipline, the legislative vacuum needs to be filled. If legislation and judicial directions are available and still there are violations of duties by the citizens, this would call for other strategies for making them operational.

The legal utility of fundamental duties is similar to that of the directives; while the Directives are addressed to the state, so are the duties addressed to the citizens, without any legal sanction for their violation. The citizen, it is expected, should be his own monitor while exercising and enforcing his Fundamental rights. He should keep in mind that he owes the duties specified in Article 51-A to the State and if he does not care for the duties, he does not deserve the rights.

of course, the duties as such are not legally enforceable in the Courts of law, but if a law has been made to prohibit any act or conduct in violation of the duties, it would be reasonable restriction on the relevant Fundamental Rights.

However, the fundamental Duties are not enforceable by mandamus or any other legal remedy

Directions to State/Central Government.—Since the Fundamental Duties are not addressed to the State, a citizen cannot claim that he must be properly equipped by the state so that he may perform his duties under Article 51-A. However, the Supreme Court has issued directions to the States, having regard to Article 51-A (g).

Protection of environmental—Duty of.—In view of the duty to protect and improve the natural environment including forests, lakes, rivers and wild-life and to have compassion for living creatures imposed on the citizens under Article 51-A (g) of the Constitution, the Supreme Court has held that it is a duty of the Central Government to take a number of steps in order to make this provision effective, and issued the following directions to the Central Government—

a) To direct all educational institutions throughout India to give weekly lessons in the first ten classes, relating to the protection and improvement of the natural environment including forest, lake, rivers and wild life.

b) To get text books written for the said purpose and to distribute them free of cost.

c) To introduce short term courses for training of teachers who teach this subject.

d) Not only the Central Government but also the State Government and local authorities are to introduce cleanliness weeks when all citizens including member of Executive, the Legislature and the judiciary should render free personal service to keep their local areas free from pollution of land, water and air.

5. Conclusion

The Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State. The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties, set out in Part IV–A of the Constitution concern individuals and the nation. Citizens are morally obligated by the Constitution to perform these duties. The Fundamental Duties are however, not legally enforceable, i.e. without any legal sanction in case of their violation or non-compliance.

There is a need for these duties to be obligatory for all citizens, subject to the State enforcing the same by means of a valid law, or else the law stands in a very disadvantageous position. The Supreme Court has finally, issued directions to the State in this regard, with a view towards making the provisions effective and enabling a citizens to properly perform their duties properly. This project was an attempt to check the enforceability of the fundamental duties under the different statutes, which have been references to the Indian Constitution.

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761, HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL

,MYSURU – 570017 KARNATAKA INDIA Cell : 91 8970318202

WhatsApp 91 8970318202

Home page :

http://eclarionofdalit.dalitonline.in

https://dalit-online.blogspot.com

Contact : editor@dalitonline.in ,

editor.dalitonline@gmail.com

Dalit-Online

Sunday, August 15, 2021

Independence & Fundamental Duties

No comments:

Post a Comment