Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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  • A writ petition titled Mr. Durga Dutt vs. Union of India and ors. has been filed in the Hon’ble Apex Court for the enforcement of fundamental rights as enshrined in Part IV A of the Constitution.
  • The bench comprising Justices Kaul and MM Sundresh have sought the response of the Union and the States.
  • It was argued before the Court that non-adherence to the fundamental duties has a direct impact on the fundamental rights guaranteed under sections 14, 19 and 21 of the Constitution.
  • It was also argued by the petitioner that rights and duties are correlative and that violation of one leads to the violation of the other. Fundamental duties serve as a constant reminder that while the Constitution has conferred on the people certain rights, it has also required the citizens to follow certain norms of conduct and behaviour. Fundamental duties are an important tool to protect the sovereignty, unity and integrity of the Nation.
  • The petitioner also argued that in recent times, there have been numerous instances of flagrant violations of the Fundamental Duties, not just by the citizens but also by the authorities, which has led to the violation of the Fundamental Rights of other citizens of the Country.
  • Reliance was placed upon the decision of the Apex Court in the case of Shri Rangnath Mishra vs. Union of India (2003) where the Court issued guidelines to the central Gov. for taking steps for the implementation of the Report of National Commission to review the working of the Constitution.
  • It was averred that there is no uniform policy or a comprehensive code for the enforcement of Fundamental duties and that the time has come to motivate every citizen of India to follow through with their Fundamental Duties of upholding the sovereignty, unity and integrity of India, to preserve the rich heritage of our composite culture, to preserve the forests and natural environment and to have regard for all living creatures, among others.
  • The petitioner has also sought for directions to be issued to the Central Government for framing of comprehensive guidelines for ensuring the adherence of fundamental duties so that the aforementioned judgement can be complied with.
  • The petitioner has also sought for framing regulations to sensitize the people to raise awareness in relation to the performance of fundamental duties.
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