Duties or Rights: Should Duties Trump over Rights?

Abstract

Narrative is emerging in India that appears to be giving primacy to the fundamental duties of the citizens over their fundamental rights. This article attempts to understand and flesh out the significance of these two, their relationship, and the interplay between them, as contextualised in our Constitutional scheme, with the help of various Supreme Court decisions. It indulges in a discussion on the pragmatic functional relationship between Parts III, IV, and IV-A of the Constitution. It also brings various significant perspectives on the ‘right-duty’ relationship to the fore, to objectively appreciate the primary importance of the fundamental rights of the citizens and the State’s duty to preserve and protect the same. It also emphasises on the importance, weighty role, and the constitutional obligations of the higher courts in preserving the Constitution and the rule of law, by providing effective redress to the aggrieved citizens who bring valid claims of their fundamental rights violations by the State organs and instrumentalities.