"Fundamental Duties do not destroy Fundamental Rights but balance them”. Examine the above statement by citing judicial pronouncements.

Question: “Fundamental Duties do not destroy Fundamental Rights but balance them”. Examine the above statement by citing judicial pronouncements. [UPJS 2006]

Find the answer to the mains question of Constitutional Law only on Legal Bites. [“Fundamental Duties do not destroy Fundamental Rights but balance them”. Examine the above statement by citing judicial pronouncements.]

Answer

Rights without duties have no meaning. Therefore, the Constitution lays down some Fundamental Duties in Part IV-A of the Constitution under Article 51- A. The balancing of Fundamental rights is a constitutional necessity as every right gives rise to a corresponding duty. Besides, in democratic setup participation of the citizens in the process of governance and nation-building is a fundamental obligation. That is why Fundamental Duties have been enumerated by the Constitution (42nd Amendment) Act, 1976.

The fundamental duties are the mechanism that aims at striking a balance between individual freedom and social interests. These duties do not cast any public duties but are applicable only to individual citizens. However, in the A.I.I.M.S. Students Union v. A.I.I.M.S. & Ors, Appeal (civil) 7366 of 1996, the apex court observed:

Fundamental duties, as defined in Article 51A, are not made enforceable by a writ of court just as the fundamental rights are, but it cannot be lost sight of that duties in Part IVA - Article 51A are prefixed by the same word fundamental which was prefixed by the founding fathers of the Constitution to rights in Part III. Every citizen of India is fundamentally obligated to develop the scientific temper and humanism. He is fundamentally duty bound to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievements. State is, all the citizens placed together and hence though Article 51A does not expressly cast any fundamental duty on the State, the fact remains that the duty of every citizen of India is the collective duty of the State.

In the Unnikrishnan v. State of AP, 1993 AIR 2178 case, the court stated that, in order to treat a right as a fundamental right, it is not necessary that it should be expressly stated as one in Part III of the Constitution. The provisions of Part III and Part IV are supplementary and complementary to each other. That is why very often the court reads the two together. There is no conflict between the two. It is wrong to assume that the fulfillment of obligations relating to social and economic human rights would impair fundamental rights.

Thus, one does not have existed as well as the meaning without the other, so, there is a strong necessity to maintain a strong balance between fundamental rights and fundamental duties. This way we can say that fundamental duties do not destroy fundamental rights but balance them in an effective manner.

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