Secularism must be followed by all religious communities and citizens: Justice MR Shah

The Constitution of India makes it obligatory for everyone to adhere to secularism and it cannot be selective or left only to one religious group or the other, former Supreme Court judge Justice MR Shah said on Sunday..Everyone living in India and all communities must practice secularism since it is a part of one of the fundamental duties under the Constitution, the retired judge added.."By Constitution, we are committed to secularism but secularism cannot be one-sided and or by one religion or community only. It should be adopted by all religions and citizens who stay in India and it cannot be selective. To respect other religions is also a formal part of fundamental duties," Justice Shah said. .The judge further emphasised that despite the Constitution granting both fundamental rights and fundamental duties, citizens often end up speaking only about rights."The question is, when citizens exercise their rights do they think about their duties? Everyone wants to talk about the rights but not about duties. Can we enjoy free speech at the cost of dignity of others? Can we exercise this right by abusing others? Similarly, one cannot exercise or enjoy free speech by affecting rights of others. When one enjoys right to religion, one shouldn't forget duty to promote harmony and spirit of common brotherhood among all people of India," the judge underscored. .The judge made the observation while speaking at an event organised by the Gujarat High Court to celebrate Constitution Day. Justice Shah further noted that although the Constitution was initially considered to be a political document, it has gradually turned into a social document and an instrument of good governance."The Constitution provides laws, which are used as tools by the ruling government to control their societies in a nation within a democratic set up. It also offers resources for people to resist the arbitrary use of power. Thus, those who govern, those who are at the power use the laws and on the other end, those who are governed also use the laws to prevent rulers from using the powers arbitrarily," the judge said. .The judge observed that both fundamental duties and rights are two sides of a same coin and meant to ensure good governance."State is under obligation not to infringe rights of individual similarly individual is also obliged to contribute to the social welfare. One cannot leave it on the State to work out the duties and only enjoy the rights," the judge added. The judge further stated that most of the rights in the Constitution find mention in the ancient Indian text, the Vedas. Vedas talk about equality and mutual respect and also about the principle that one person's right is another's obligation, Justice Shah observed."For ages India has been divided based on gender, caste and religion. Fundamental rights saved citizens not only from arbitrary use of power by the State but from social majorities as well. Both rights and duties are equally vital for the existence and balanced working of the Constitution. The former is a negative injunction on the State and the latter is an obligation on the State and it's subjects," the judge said. .Justice Shah also stressed on the role of judges in ensuring the rule of law by protecting rights and encouraging citizens to carry out their duties. "To maintain the rule of law, a judge plays a vital role. His role is to bridge the gap between the law and society. He must be of justice-oriented approach," the judge went on to note. However, there should not be any delay in granting justice to the citizens, who approach the Court, the judge further opined."It is not only the final decision but the entire process is relevant. For instance, if a woman files for interim maintenance and it is decided after a delay, it would be of no use later even if court decides in her favour. Similarly, a person languishing in jail must know his fate at the earliest. Thus, judges must ensure that there is no delay in disposal of a case at the earliest and to do justice and only then we will be justified in celebrating the Constitution Day," Justice Shah said. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.