SC expresses displeasure over states not filing affidavit on time to plea seeking enforcing fundamental duties

New Delhi [India], February 15 : The Supreme Court on Tuesday expressed unhappiness with various states for not filing affidavits on time to petition seeking to enforce fundamental duties. The court remarked that completing the pleadings is a herculean task.
A bench led by Justice Sanjay Kishan Kaul noted that affidavits are being submitted just a day before the scheduled hearing.
The court observation came when it was apprised that various states has not filed the reply.
The Supreme Court was hearing a petition seeking enforcement of fundamental duties as enshrined in the Constitution and to frame guidelines for taking appropriate adequate steps to sensitize the people and spread general awareness among the citizens in relation to the performance of fundamental duties under the Constitution of India.
The court will hear the matter further on March 28.
The petition was filed by Durga Dutt through the advocate on record Karunakar Mahalik.
The petitioner has sought direction to the Respondents Union of India and State Governments to the effect of ensuring the performance/discharge of the Fundamental Duties by all who are entitled to enjoy the fundamental rights under Part III of the Constitution of India.
The petitioner has sought direction from the Respondents to carry out the enactment of appropriate legislation for the effectuation and implementation of Fundamental Duties where required.
The petitioner Dutt, who is an Advocate-On-Record of the top Court said that he has filed the petition in the public interest, "for issuance of directives ensuring adherence to the mandates as postulated under Part IV-A of Constitution of India because non-adherence to the same has a direct bearing upon the exercise and enjoyment of the Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India for formulation and operationalization of appropriate scheme providing incentives to the citizenry for their adherence."
The petitioner had submitted that 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 correlative.
The petitioner has prayed to issue "directions to the respondents to make comprehensive well defined laws/rules ensuring the adherence to the provisions of Part IV-A of the Constitution of India effectively and requiring the citizens to perform their fundamental duties properly."
The petition said that there shall be done as per the decision given by the top Court in the matter of "Ranganath Mishra Vs Union of India and Ors," being Writ Petition No. 239 of 1998 as reported in (2003 Supp(2) SCR 59).
The petitioner demanded that the direction of the Court to be implemented fully in the true spirit of providing incentives to the citizens for operationalization enforcement and sensitization with respect to the implementation of Fundamental Duties"
The petition has also sought to issue direction for directions for interpretation and adherence to the mandates as postulated under Part IV-A of the Constitution of India.
The petitioner also sought to set up an independent High Powered Committee headed by a retired Chief Justice or Judge of this Court or High Court and consisting of distinguished citizens from different fields/professions concerned officials of the stakeholders and the Respondents to scrutinize and review the entire legal framework relating to the effective implementation of Part IV-A of the Constitution of India.
The petition also sought direction for issuance of directives for interpretation and adherence to the mandates as postulated under Part IV-A of the Constitution of India and direction for setting up of an independent High Powered Committee headed by a retired Chief Justice or Judge of this top Court or High Court and consisting of distinguished citizens from different professions and concerned officials of the stakeholders.
It also sought to issue direction to the Respondents Union of India and State Governments to the effect of ensuring the performance/discharge of the Fundamental Duties by all who are entitled to enjoy the fundamental rights under Part III of the Constitution of India.