Supreme Court of India: To Enforce Fundamental Duties Can't Direct Enactment Of Law - During Hearing PIL

12 Sep, 2024

A bench of Justices Khanna, Sanjay Kumar and R Mahadevan was hearing a petitioner filed by Advocate Durga Dutt, seeking enforcement of the Fundamental Duties enshrined in Part IV-A of the Constitution. Notice was issued on the same, to a limited extent, in the year 2022. The petitioner claimed that Fundamental Rights (Part III of the Constitution) and Fundamental Duties are co-extensive, as in some cases, the violation of Fundamental Duties can lead to the violation of Fundamental Rights. During this proceedings, Attorney General for India R Venkataramani appeared for the Union and expressed reservations about the Court directing the enacting of a law for enforcement of the fundamental duties. However, without being adversarial, he pointed to certain measures being taken by Departments, Ministries, schools, etc. to create awareness about fundamental duties. The AG expressed that a sanctioned punishment would not be the right way to enforce fundamental duties. He added that sensitivity towards the same can only be nurtured in people. Further, it was submitted there are legislations in place, and programmes/plays being conducted in schools, etc., which create awareness about and promote fundamental duties.