CAN’T DIRECT ENACTMENT TO ENFORCE FUNDAMENTAL DUTIES SAYS SC

by | Sep 12, 2024

Headline 

The Supreme Court of India rejects the plea to enforce Fundamental Duties through new legislation.

Summary

The Supreme Court of India said that it cannot tell the legislature to enact laws to enforce Fundamental Duties under Article 51A of Indian Constitution .The Supreme Court stresses that realization of duties should come from the citizens themselves, not through mandated laws.

Key Facts

  • Case Name: Durga Dutt vs. Union of India & Ors.,
  • Name of Judges: Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice R Mahadevan  
  • Petitioner desired for enforcement of Fundamental Duties under Article 51A of Indian Constitution. 
  • Attorney General R Venkataramani opposed a legal mandate, recommending awareness through education and programs.

Legal Insights

The Supreme Court of India repeated that it cannot pressurize the legislature to enact laws enforcing Fundamental Duties, stating that citizens should voluntarily observe these duties.

Impact

The judgment of the Supreme Court highlights the significance of encouraging civic responsibility through awareness rather than punitive measures or new legislation.

Why It Matters

It focuses on the distinction between Fundamental Rights and Duties, showing the role of personal consciousness in upholding duties without legal enforcement.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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