fellow citizens.37 By combining a political conception of duty with a social conception
of duty, the Gandhian Constitution significantly expands the scope and application of
constitutional law and thinking.
It is important to note, however, that Agarwal is not the only scholar invoking or
studying Gandhi’s concept of duties. Gandhi’s approach to rights and duties was
complex. Bhikhu Parekh in his work elucidates how beyond the interdependence
of duties and rights, and the dependence of individuals in society on each other for
corresponding performance of rights and duties, Gandhi also believed that one had
a duty to exercise rights and the right to perform duties.38 Gandhi viewed these as
inseparable, where self-development was both a right and a duty, where an individual
was free to evolve uniquely and autonomously to fulfill their duty to uniquely
contribute to society.39 It is possible then, that other scholars, who study Gandhi’s
work and ideology, could have a different, and, perhaps, more holistic conception of
duties as Gandhi constructed them.
3. Draft Constitution of the Republic of India (Socialist Party, 1948)
The third model of duties that is invoked in support of fundamental duties in the
Constitution of India 1950 is rooted in socialist or communist constitutional traditions.
Among historical Constitutions in India, M.N. Roy’s Constitution of Free India (A
draft, 1944) and the Draft Constitution of the Republic of India (Socialist Party, 1948)
are attempts at constitution making in an Indian socialist vein. The Socialist Party
drafted a constitution in response to that of the Indian National Congress, which they
criticised as unsatisfactory on ‘economic and equalitarian parameters’.40 The stated
objective of the Draft was to establish a socialist order, and it is not surprising that it
includes duties as a key constitutional instrument.
Chapter II, titled Citizenship, sets out the supreme duty of the citizen to have
allegiance to the republic.41 This duty does not create a precondition for citizenship
and is not specifically owed to the state political regime. In this abstract sense, the
duty of allegiance is one that may be found in liberal constitutional arrangements as
well. In the section titled, ‘Rights of Freedom’, provides that every citizen shall have
equal civil rights and duties as that of other citizens.42 These rights and duties are not
interdependent as is the case in the Gandhian Constitution — hence, citizens are not
obligated to discharge their duties before they may exercise their rights. However,
the precise relationship between rights and duties is not set out with greater clarity.
3. Every citizen shall avoid, check and if necessary, resist exploitation of man by man, Gandhian
Constitution of Free India, 1946.
38
Bhikhu Parekh, Gandhi — A Very Short Introduction (Oxford University Press, 2001) 52.
39
Bhikhu Parekh, Gandhi — A Very Short Introduction (Oxford University Press, 2001) 62-63
40
Draft Constitution of the Republic of India (Socialist Party, 1948).
41
Chapter II, Citizenship, Article 17, Draft Constitution of the Republic of India (Socialist Party, 1948).
42
Chapter II, Rights of Freedom, Article 25, Draft Constitution of the Republic of India (Socialist Party,
1948).
37
Journal of the National Human Rights Commission, Vol. 22, 2023
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