THE HABIT OF FORGETFULNESS OF FUNDAMENTAL DUTIES PROVIDED UNDER INDIAN CONSTITUTION: A TRAGEDY

Abstract

Fundamental rights are mentioned under Part III and fundamental duties are provided under Part IVA of the Indian Constitution. Fundamental duties were added in the Constitution by 42nd and 86th Constitutional Amendment by the Indian Parliament. The fundamental principle of legal jurisprudence is that rights and duties are dependent on each other and one cannot exist without the help of other. Coming to current Indian perspective, it is very sad to point out that the habit of Indian citizens which has been developed is, to give preference and importance to fundamental rights ONLY AND ONLY, whether essential or absurd fundamental right whatever it may be and discard, neglect and avoid and hate the performance of fundamental duties on this or that ground or pretext. Further, when the courts interpret law to avoid absurd results or privilege or right (like the “right to religion”) a statute’s “spirit” over its “letter”- in circumstances that were unanticipated by the legislature they are justifiably seeking to serve the common good that legislation is presumed to embody, they are prevented by the aggressive approaches by the citizens, authorities and media. One may take the current example of right to “religion” which is threatening the legal system of India as well as the social fabric of India society prevailing from time immemorial and thus making life more absurd religion is treated as opium to mankind and is away from logic because we do not know whether God exists or it does not, but it is giving all pain and sufferings not only in India to its citizens but citizens of all over the world also and divided as well as dividing the family, society, country and the world too. One may refer the example of Western countries, African and Asian countries situations in this regard where it is making the life more absurd and insensible.