- (1.) A letter written by the petitioner herein to the Chief Justice of India requesting this court to issue necessary directions to the State to educate its citizen in the matter of fundamental duties so that a right balance may emerge between rights and duties, was treated as a writ petition. This Court appointed Shri k. Parasaran, Sr. Advocate as Amicus Curiae.
(2.) As the petition raised a question as to the correctness of a decision of this Court in bijoe Emmanuel v. State of Kerala, 1986 (3) scc 615 requiring reconsideration, the matter was directed to be listed before a constitution Bench by order dated 9th April, 2001. However, a Constitution Bench by order dated 21st November, 2001 recalled the orders dated 19th February, 2001 and 9th April, 2001 and directed the matter to be placed before a Bench of three Judges. The matter has been placed before this Bench pursuant thereto.
(3.) When the matter was taken up for hearing, the learned Amicus Curiae brought to our notice the Report of the National Commission to Review the Working of the Constitution wherein a report made by a Committee commonly known as 'justice J. S. Verma committee' on operationalization of fundamental duties of citizens has been accepted and a strong suggestion has been made for their early implementation. The Commission, inter alia, recommends -. "3.40. 2 Education is not confined only to the time spent in schools and colleges. Education begins at birth in the subconscious and continues till death. Anyone who says that he has nothing more to learn is already brain-dead. It follows that the influences that play on a child at home are of great importance. Parents should understand that education begins at home, the examples they set, the environment of enlightenment and tolerance that is necessary to produce good citizens cannot be sub-contracted to formal schooling important though this is. Schemes should, therefore, be framed that include parents in social activities that have as their objective the country's age-old traditions, its welcome to the persecuted of every faith, its virtues of tolerance of and respect for all religions and a certain pride in belonging to this land and in being considered as indian. The highest office in our democracy is the office of citizen; this is not only a platitude, it must translate into reality. The distinction is not illusory. This country has given far too much indulgence to an attitude of mind that acts on the question - what is there in it for me education and the process of inculcating unselfishness and a sense of obligation to one's fellowmen should inspire the question - where does my duty lie The transformation has the potential to make our nation strong, invincible and able to command the respect of the world. 3.40. 3 (i) The Commission recommends that the first and foremost step required by the Union and State Governments is to sensitise the people and to create general awareness of the provisions of fundamental duties amongst the citizens on the lines recommended by the Justice Verma Committee on the subject. Consideration should be given to the ways and means by which Fundamental duties could be popularized and made effective; (ii) right to freedom of religion and other freedoms must be jealously guarded and rights of minorities and fellow citizens respected; (iii) reform of the whole process of education is an immediate but immense need, as is the need to free it from governmental or political control; it is only through education that will power to adhere to our Fundamental Duties as citizens can be inculcated; and (iv) duty to vote at elections, actively participate in the democratic process of governance and to pay taxes should be included in article 51a. . . ";