Opinion

Celebration of Constitution Day: Fundamental Duties

Justice CK Prasad, Chairman
by
Justice CK Prasad, Chairman

17 Feb, 2020

The concept of dharma is deeply rooted in our culture. Performance of duty was considered to be an essential part of man’s character in ancient India and it was conceived that failure to perform one’s duty is equivalent to committing ‘sin’. The force behind the importance of the performance of duty in ancient India was more of a religious command than a legal command which is the case in the present times.

Performing duty has always been given prime importance in Indian philosophy. Rights cannot exist in isolation without duties attached. A right without duty is nothing but an imposition that leads to the decomposition of the concept of rights itself. Rights and duties are two sides of the same coin and they are indeed interrelated and inextricable. Duty is the source of rights, rights flow when duties are well performed. To every right, there is a corresponding duty that is to be performed to enjoy a particular right. When everyone performs their duties it automatically leads to the protection and promotion of others’ rights. Mahatma Gandhi had said “the true source of right is the duty. If we all discharge our duties, rights will not be far to seek”.

Part 51 A was introduced in the Indian Constitution in the year 1976 with the attempt to balance between an individual’s civic freedoms with his civic obligations. Incorporation of the fundamental duties has brought our Constitution in line with Article 29(1) of the Universal Declaration of Human Rights which states “everyone has duties to the community in which alone the free and full development of the personality is possible”.

Rights are conferred upon people not only for the development and well-being of the individual but also the nation’s development can be achieved only through the performance of duties by individuals.

Amongst the most celebrated fundamental rights, the right to freedom of expression is a significant one that entitles the citizens of India to express their views, opinions, and ideas through various mediums like television, print, radio or digital media. Expressing self-thoughts or ideas help individuals to have a sense of self-fulfilment that is an essential aspect of the growth of any individual as well as the State. The framers of the Constitution characterized freedom of speech and expression as the very life of civil liberties and the Supreme Court of India expounded it as the Ark of the Covenant of Democracy. The Constitution of India though does not mention freedom of press or media separately but, the scope of freedom of speech and expression has been expanded by the Indian Courts to include the freedom of the press.

However, free it may be but the freedom has not been made an absolute one. Under Article 19 (2) it is subjected to reasonable restrictions, in the interests of the nation and its people. It can be defied if it hinders the security, sovereignty or integrity of the state, and is damaging to foreign relations, or is against decency or morality or causes defamation.

Though fundamental duties, alike fundamental rights, do not directly address the press, but press has an essential role to play in promoting fundamental duties as well as the rights of the people. The press, therefore, can sensitize people about their rights as also raise awareness about the duties of the citizens towards the nation. Such awareness amongst public would lead or encourage them in fulfilling their duties towards the assurance of the existence of good governance in the nation through exercising their adult franchise.

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Voting is a right but it is also a duty of every citizen to vote sincerely and participate in the electoral process and the democratic polity to strengthen the State. Equally, it is important to sensitize the public in performing their part in maintaining cleanliness, protect the environment including rivers, lakes and wildlife. In case of the duty to be performed by the press within its space, it should act responsibly in reporting incidents, without making an event sensational just for the sake, mixing views with news or misusing the power of the press. Misconstruing or misinterpreting someone in the press can definitely be detrimental to the growth of a society and nation. It is the duty of the press to promote harmony and brotherhood amongst people of India cutting across its religious, linguistic and regional or sectional diversities. In recent times, the media has played a remarkable role in reminding people about their duties to keep India clean and green. Reminded the parents that providing education to their children is not only the right but it is the duty of parents to ensure that children are educated with elementary education.

In our Constitution, much emphasis was given to the rights until it was realised that to enjoy the fundamental rights one should also perform certain minimum duties. It acts as the foundation of human dignity and builds national character. The duties form the conscience of our Constitution.

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