duties owed by the king to his people.8 Abul Fazl’s work on the duty of the king or
the badhshah to make every effort towards the welfare of the people.9 Similarly, it
is the duty of the people to obey the badshah. These references require more careful
philological and philosophical study.10
However, as this paper is concerned primarily with contemporary constitutional
references to duties, the focus is on a narrower historical period: from 1895 to 1950.
CA Bayly in his work, Recovering Liberties, takes the late eighteenth century as the
starting point for a discussion on Indian political and constitutional ideas, tracing
the meanings of liberalism from colonial India and tracking its transformation till
1950.11The paper follows Bayly’s periodisation and focus on modern Indian political
thought in this period.
In this period, several modern political thinkers, some of whom are prominent leaders
of the Indian freedom movement, invoked the concept of duties while responding to
the questions of caste, freedom, violence, and government. These include significant
figures like Vivekananda, Tagore, Gandhi, Ambedkar, Nehru and Aurobindo.12 Other
prominent figures include Muhammad Iqbal, Vinayak Savarkar, Bal Gangadhar Tilak,
Har Dayal and Sardar Patel.13 A fuller account of the evolution of the modern concept
of duty in Indian political thought will need to give an account of key thinkers in this
period.
However, this paper focuses only on the invocation of fundamental or political
duties in ‘constitutional discourse’ prior to the adoption of the Constitution of India
1950.14 Constitutional discourse in this period includes several proposals for a
new constitution made by individuals as well as social and political groups. These
proposals may be referred to as ‘historical’ or ‘antecedent’ constitutions.15 The formal
process of Constitution making began with the creation of the Constituent Assembly
in 1946, when the Assembly sat in session for the first time on 9 December 1946. Over
the next two years and eleven months, the Assembly sat for 167 days to debate and
frame the Indian Constitution as it came into force in 1950. The Assembly debated
a number of issues, not all of which were included in the text of the Constitution.
Patrick Olivelle, Manu’s Code of Law (Oxford University Press, 2005).
Kamla, ‘Abul Fazl: Governance and Administration’, in MP Singh and Himanshu Roy (eds), Indian
Political Thought (Pearson, 2011).
10
Ibid.
11
C.A. Bayly, Recovering Liberties Indian Thought in the Age of Liberalism and Empire(Cambridge
University Press, 2011).
12
Shruti Kapila, Violent Fraternity: Indian Political Thought in the Global Age (Princeton University
Press, 2021).
13
Ibid.
14
Niraja Jayal, Citizenship and its Discontents, (Harvard University Press, 2013).
15
Rohit De, ‘Constitutional Antecedents’, in Madhav Khosla, Pratap Bhanu Mehta, Sujit Choudhry (eds),
Oxford Handbook of the Indian Constitution (Oxford University Press, 2016).
8
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