If Rights Are Enforceable, Why Aren’t Duties? Rethinking The Constitutional Balance
Article 29(1), Universal Declaration of Human Rights
On a crowded street, a man throws a plastic bottle onto the road without thinking. Nearby, another citizen complains about pollution and demands clean air from the government. This is the irony of modern citizenship: We want rights but ignore the duties that make those rights possible.
The Constitution of India begins with the Preamble, which can be said to be its summary. The Preamble explains the concepts, values and principles embodied in the Constitution and begins with the phrase “WE the People of India”, which reflects the source of the power of the Constitution. Moreover, the preamble ends with the phrase “This Gives the Constitution to Ourselves” which indicates that the Constitution was made for us, the People of India.
The Constitution of India is the supreme text for the country, the source and protector of our rights. It gives structure to our country, provides the form of Government, the law-making process, and checks and balances on the pillars of democracy. Fundamental rights, a concept borrowed from the United States, have been enshrined in the Constitution since its inception. These fundamental rights are a package of six basic rights offered to citizens, and some of them are also guaranteed to non-citizens. Fundamental rights are enshrined in Article III of the Constitution of India. and is generally applicable against the State. The term is used here generally because some fundamental rights can be enforced even against private individuals. The concept of State is explained in Article 12 of the Constitution. In case of violation of any fundamental right, the Constitution itself provides for the remedy under Articles 32 and 226, which are the writ jurisdiction of the Supreme Court and the High Court respectively to protect such rights.
Essential Duties are contained in Article 51-A of Part IV-A of the Constitution of India. These duties did not exist at the time the Constitution came into force, but were added by the Forty-Second Constitutional Amendment Act of 1976. These duties were added to the Constitution on the recommendation of the Swaran Singh Committee when the concept was adopted from the USSR. Currently, there are eleven offices in the Constitution of India; ten of these were added by the Forty-Second Constitutional Amendment Act of 1976, while the eleventh mandate was added by the Eighty-Sixth Constitutional Amendment Act of 2002. These duties apply only to citizens of India and are non-judgemental, meaning that the doors of the Court cannot be knocked on if a citizen violates the fundamental duties.
There are a number of rights that the Constitution provides to a person that can be used against the State, but there are a number of duties that the State can expect citizens to comply with. Although true, since this part of the Constitution is less discussed, some changes may need to be made to Part IV-A before discussion can begin on making it applicable. However, in making the fundamental duties applicable, problems may arise, such as giving more power to the State or blocking some rights, some words in Chapter IV-A needing more clarification, or placing an undue burden on the Courts. But with over 78 years of independence and over 75 years of drafting of the Constitution of India, it is time we start thinking along the lines that while the State has been providing us with many things, it is now our turn to repay the efforts by performing basic duties wisely.
In the wise words of Mahatma Gandhi, “The true source of rights is duty. If we all fulfill our duties, the pursuit of right will not be far away. If we leave duties unfulfilled and pursue rights, they will escape us like a light. The more we follow them, the farther they fly.” These lines are thought-provoking at this stage. We are quick to defend our rights as citizens, but much less willing to take responsibility for public order, social harmony or the environment. When duties remain optional, there is a risk that rights will become demands without discipline. Rethinking the constitutional balance between rights and duties is therefore about protecting freedom, not restricting it.
Here are some interesting examples that we should now consider when thinking about justifying basic duties. Article 21-A of the Constitution of India guarantees the right to education of every child between the ages of six and fourteen years. Since this is a fundamental right, a child who cannot be admitted to school can even appeal to the Supreme Court of India against the state because his fundamental right has been violated. However, under Article 51(A)(k), every parent of the above-mentioned age has a co-relative, fundamental duty to send his child to school. Now how can the State be blamed if the child is not allowed to go to school by his parents? Similarly, we can blame the State for not providing a clean environment or for polluting public places, but why can’t the State blame us for littering in public places or contributing to making the environment dirty?
If Fundamental Rights are enforceable and citizens can appeal to the courts to protect them, it is fair to ask why Fundamental Duties remain mere moral advice. Rights are not gifts from the state; They are the guarantee of constitutional order. But no order can survive when citizens treat their duties as optional. The Republic is not just a system of rights; It is a community of responsibility. When duties are ignored, public space becomes chaotic, public property is destroyed, the environment is damaged, and social harmony is weakened. In such a situation, rights begin to lose their meaning, because rights devoid of responsibility turn into unconscionable claims.
The Swaran Singh Committee, which first came up with the idea of Fundamental Duties, believed that duties should be held accountable to citizens. Parliament chose a different path, and for almost fifty years duties remained a list of noble expectations rather than enforceable obligations. The question is not whether the State should become a rigid disciplinarian, but whether citizens should be allowed to enjoy constitutional privileges without accepting constitutional responsibilities.
A mature democracy should be able to answer: If we want rights, can we refuse duties? If we want a nation of rights, we must also build a nation of duties. Otherwise, the Constitution will remain a promise that many can claim but few are willing to fulfill.
The writer is a Master of Laws (LL.M.) graduate from NLSIU, Bangalore and is pursuing his PhD in Cyber Law from RGNUL, Patiala.
