Attorney General KK Venugopal opposes plea in Supreme Court seeking enforcement of fundamental duties

The Attorney General for India (AG) KK Venugopal on Monday opposed the public interest litigation (PIL) petition seeking the enforcement of fundamental duties enshrined in Article 51A of the Constitution [Durga Dutt v. Union of India and ors.]..The AG told a bench of Justices Sanjay Kishan Kaul and MM Sundresh that the Department of Law and Justice has elaborately put out information regarding Article 51A on its website.“I have an objection to the petition itself, as the Department of Law and Justice has put the information regarding Article 51A of the Constitution on their website elaborately," he said..The plea filed by one Durga Dutt has sought directions to the Central government and the States to make comprehensive laws to ensure adherence to Article 51A.The petition also prayed for setting up of a High Powered Committee headed by a retired Supreme Court or High Court judge to review the legal framework so created.The petitioner said that the need to implement fundamental duties has arisen due to the "new illegal trend of protests by protesters in the garb of freedom of speech and expression by way of blocking roads and rail route to compel the Government to meet their demands"..During the previous hearing of the petition, the Bench of Justices Sanjay Kishan Kaul and MM Sundresh had asked the Attorney General to assist the Court. The Court had also asked Central government to respond as to whether any steps have been taken pursuant to the apex court's judgment in Hon’ble Shri Ranganath Mishra v. Union of India and Others. In that judgment, the Court had issued directions to the Centre to consider steps for the implementation of the Justice JS Verma Committee's recommendations on generating awareness and consciousness of citizens towards their fundamental duties..When the matter was taken up for hearing today, the bench said that it wanted to know the AG's stance regarding prayers (a) and (g) of the petition."We only wanted to know about prayer (a) and (g) of the petition and about the observation of the Supreme Court in Ranganath Mishra v. Union of India case. Also, we wanted the government to inform (us) whether they have taken any step in this regard, so far," the Bench said. .The prayer (a) and (g) of the PIL reads as follows:“(a) Issue a writ, order or direction(s) to the Respondent 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 so that the decision given by this Hon’ble Court in the matter of “Hon’ble Shri Ranganath Mishra v. Union of India”, is implemented fully in true spirit of the aforesaid decision of this Hon’ble Court and for providing incentives to the citizens for operationalisation, enforcement and sensitisation with respect to implementation of Fundamental Duties; and/or(g) Issue a writ, order or direction to take the respondents by framing guidelines/regulations for taking appropriate adequate steps to sensitize the people and spread general awareness among the citizens in relation to performance of Fundamental Duties under the Constitution of India.”.The AG replied that the information is already available on the website of Department of Law and Justice.“It is the duty of the person who files the PIL to check the records and facts involved in the case before filing,” the AG said. .The Bench then requested the AG to file on affidavit, the information regarding the implementation of fundamental duties. The AG requested the Court to issue a formal notice to the Central government. The Bench then inquired from the AG whether the government is proposing to make a law to enforce fundamental duties.“Firstly, milords, the courts cannot direct the Parliament to formulate a law," the AG replied.."We have been informed that Union of India will be represented by the Solicitor General of India. We just wanted to ask the opinion of Attorney General as you are the top most law officer of the country,” the Bench replied..AG Venugopal made it clear that the prayer by the petitioner cannot be sustained. "We just want to know whether the government has taken any steps or not," the Bench maintained.The Court then proceeded to pass an order asking the Central government to file its response within four weeks. .“The Attorney General has entered appearance and said there is information available on the website of the Department of Law and Justice. Earlier, we had only issued a notice in a narrow manner. We only wanted to now the steps taken by the Union of India in Ranganath Mishra v. Union of India judgment. The government informed that the Solicitor General of India will put an appearance in this matter and file a counter affidavit. The counter-affidavit to be filed within 4 weeks. States can also file their respective counter-affidavits. List the matter in the first week of July on any non-miscellaneous day,” the order said..Live account of the hearing below.