Plea seeking implementation of fundamental duties dismissed by Supreme Court

Declining the plea, Chief Justice Khehar noted that the petitioner was the spokesman of the ruling party -- a powerful person who can get anything done

By: IANS News Agency |
April 24, 2017 5:36 pm

The Supreme Court on Monday declined a plea for the enforcement of the fundamental duties as enshrined in the constitution and the implementation of two separate reports by former chief justices of the apex court on the issue.

A bench of Chief Justice Jagdish Singh Khehar and Justice D.Y Chandrachud declined the plea by lawyer Ashwani Kumar Upadhyay, a spokesman of the Delhi BJP, who contended that both Chief Justice A.S. Verma and Chief Justice M.N. Venkatachaliah, who headed commissions on the issue after their retirement, found that something was not working and made recommendations to address the situation.

Appearing for the petitioner, senior counsel V. Shekhar told the bench that if the situation is not addressed, people will lose faith in the system.

Declining the plea, Chief Justice Khehar noted that the petitioner was the spokesman of the ruling party — a powerful person who can get anything done.

“You are the spokesperson for the BJP Party. You are so powerful, you can get anything done. Ask your party to do so,” Chief Justice Khehar told the petitioner.

Among the fundamental duties, patterned on the Soviet model and included by the 42nd amendment in 1976 are: to abide by the constitution and respect its ideal and institutions, to uphold and protect the sovereignty, unity and integrity of India, to defend the country and render national service when called upon to do so, and to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional diversities.