The Supreme Court on Monday issued notice to the Centre and states on a PIL for taking steps to sensitise people about the performance of fundamental duties enshrined under the Constitution.
A bench of justices Sanjay Kishan Kaul and MM Sundresh sought a response from the Union government and states as petitioner, advocate Durga Dutt, led by senior advocate Ranjit Kumar, contended that "everybody is clamouring for rights, nobody cares about duties enjoined under the Part IV A of the Constitution."
"Let's have stand of the Union government. There is no provision in the Constitution which says Part IV A of the Constitution is not enforceable," Kumar said.
The counsel pointed out Part IV A was added to the Constitution in 1977 as the duties flowed from the fundamental rights.
The plea said former Chief Justice of India Ranganath Mishra in 1998 wrote a letter to the SC which was converted into a letter petition by which the top court had in 2003, directed the central government to consider and take appropriate steps expeditiously for the implementation of the recommendations of the report of the National Commission to review the working of the Constitution. The report had accepted suggestions by the Justice JS Verma Committee on the operationalisation of fundamental duties of citizens and their early implementation.
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The committee recommended the Union and state governments to sensitise the people and create general awareness among citizens regarding fundamental duties and achievement of their desired enforceability by not only legal sanctions but also social sanctions and creations of role models.
"However, despite the said recommendations and directions of this court, the required proper sensitisation, full operationalisation and enforceability of fundamental duties, is mainly diffused and remains an elusive goal," it said.
The plea also cited recent statements from Prime Minister Narendra Modi, Vice President Venkaiah Naidu, former CJIs Ranjan Gogoi and S A Bobde highlighting the importance of fundamental duties for citizens.
The petitioner contended that the need to enforce fundamental duty arises due to new "illegal trend of protests" in the garb of freedom of speech and expression, by way of blocking of roads and rail routes, and damaging of public properties in order to compel the government to meet their demands.
"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 behaviour because rights and duties are co-relative," the plea said.
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