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Synopsis

The Supreme Court today deferred hearing in a plea seeking directions to the Central government to make comprehensive well defined laws/rules ensuring the adherence to the provisions of Part IV-A of the Constitution of India effectively and requiring the citizens to perform their Fundamental Duties properly.

The matter has been listed for September 26, 2022 after the Attorney General of India KK Venugopal submitted that he had been instructed to submit that inputs from various departments and ministries are still awaited. "We need two months' time for filing an affidavit," AG added.

A bench of Justice SK Kaul and Justice MM Sundresh has given last opportunity to the Government to file its response.

The plea filed through AOR Karunakar Mahalik seeks an independent High Powered Committee headed by a retired Chief Justice or Judge of the Supreme Court or any High Court to be set up to scrutinize and review the entire legal framework relating to the effective implementation of Part IV-A and give out recommendations on the same.

It is further sought that on receipt of said recommendations, a writ order or direction may be issued laying down appropriate guidelines for the regulation of effective implementation of Fundamental Duties in exercise of the plenary and inherent power of the Top Court under Articles 32 and 142 of the Constitution of India until appropriate legislation in the said regard is enacted.

A direction to the Government asking for insertion of a comprehensive list of Fundamental Duties in Part- III of the Constitution has also been sought by way of the petition.

Stating that the plea aims to address an issue of national importance and to promote commitment amongst every citizen of India towards each other, the petitioner heavily relied on the judgment in Hon'ble Shri Ranganath Mishra Vs. Union of India and Ors. wherein the Supreme Court had directed the Central Government to consider and take appropriate steps expeditiously for the implementation of the recommendations of the Report of the National Commission to review the working of the Constitution; wherein a report commonly known as Justice JS Verma Committee on the operationalization of fundamental duties of citizens had been accepted and a strong suggestion had been made for their early implementation.

Case Title: Durga Dutt Vs. Union of India & Ors.