Page 59 - Constitution

70 Years of Indian

Constitution

The Fundamental rights have been protected
rights. But the right to property was repealed in 1978 by the
Forty-Fourth Constitutional Amendment during the rule of the against undue infringement by the state excepting
Janata Government, reducing these rights to six only which certain specific circumstances provided under the
are classified so: Right to Equality (Articles 14-18), Right to Constitution, though their amendability has been
Freedom (Articles 19-22), Right against Exploitation (Articles upheld by the Supreme Court under Article 368 of the
23 and 24), Right to Freedom of Religion (Articles 25-28), Constitution in the 1973 Kesavananda Bharati Case
Cultural and Educational Rights (Articles 29 and 30), and the
Right to Constitutional Remedies (Article 32). These rights
thinking with clarity and precision if they are unable to get the
have been protected against undue infringement by the state
basic inputs of such a thinking. Nevertheless, the fundamental
excepting certain specific circumstances provided under the
duties have become a part of the Constitution and despite their
Constitution, though their amendability has been upheld by the
non-justiciability; they continue to exercise some sort of social
Supreme Court under Article 368 of the Constitution in the 1973
and collective restriction on those who are fond of enjoying
Kesavananda Bharati Case.
unfettered rights without discharging even an iota of duty to the
Fundamental Duties society and the nation.

Impregnating the high sounding and zealously guarded domain
Concluding Observations
of fundamental rights with a moderate dose of ethical citizenship
Constitution represents a voice that gets articulated in different
responsibilities, the fundamental duties were inserted in the
ways in various provisions. Given the importance of the socio-
Constitution in 1976 through the Constitution Forty-Second
economic context in shaping the voice, it is fair to argue that
Amendment. Drawn from the Constitution of former Soviet
there is hardly a universal format of constitution since the
Union and placed in Part IVA of the Constitution under Article
context in which it evolves hardly remains static. There is also
51A, the set of ten fundamental duties are supposed to be only
substance in the argument that Constitution also builds on the
moral exhortation to the citizens of the country to inculcate a
prevalent set of values and principles presumably because of
sense of patriotic and sensible citizenship, without any legal
their viability in the changed environment. What it means is
justiciability.
that a constitution is an articulation of a voice at one level; at
Though not justiciable and therefore, with little consequence
another level, it also draws on those constitutional principles
in practical terms, the provision of fundamental duties was
guiding a specific state. The Constitution of India that was
opposed by many people who also brought out several
inaugurated in 1950 is a perfect example of a creative blending
inconsistencies in these duties. For instance, one of the
of the nationalist voice and the colonial system of governance
fundamental duties ask every citizen of the country to develop
which drew on a series of legal stipulations, including the 1935
the scientific temper and spirit of enquiry but with bulk of the
Government of India Act. A cursory look at the provisions of
people still illiterate, how is it possible to imbibe the habit of
the 1950 text reveals that they had their roots in the colonial

70 Years of Indian Constitution 59