citizens remained a useful and responsible member of the state.29 This vision of an organic village community that ensured republican virtue through citizen participation in everyday government develops on a utopian view of traditional Indian society that was seriously challenged by several figures in the Indian freedom movement, notably, including Dr B.R. Ambedkar.30 In Part 2 Agarwal develops on Gandhi’s earlier published work to develop a model of interdependent rights and duties where ‘the true source of rights is duty, if we all discharge our duties, rights will not be far to seek.’31 This interdependence of fundamental rights and duties is more fully set out in Chapter V of the Gandhian Constitution titled ‘Fundamental Rights and Duties’. After enumerating the fundamental rights of citizens, these rights are made contingent on the performance of these duties. The part of the Chapter that sets out duties begins with a clause that states: ‘but all these rights shall be contingent on the performance of the following fundamental duties’.32 It is important to note that Agarwal’s Gandhian Constitution is not written in the form of a legal document and often resembles a political manifesto. So, it is difficult to state precisely how the interlocking rights and duties may operate in real terms. For example, the Constitution provides for a fundamental right to ‘free speech and expression’33 and also provides that all citizens shall have a duty ‘to be faithful to the State’.34 So if such a Constitution were to be applied, would criticism of the government be constitutionally justifiable? These questions remain contentious even without a constitutional duty as with the pending Supreme Court cases on the validity of sedition law under the Constitution of India, 1950.35 It’s unclear whether making the enjoyment of fundamental rights contingent on the performance of constitutional duties modifies the nature of this inquiry significantly. There are three duties set out in Part 2, Chapter 5 of Gandhian Constitution. While the first and second duty of the citizen is directed to the state,36 the third duty is owed to Part I, Greek City States, Article 55, Gandhian Constitution of Free India, 1946, see also Article 79, Gandhian Constitution of Free India, 1946. 30 On 4th November 1948, Dr B.R. Ambedkar said, “What is the village but a sink of localism, a den of ignorance, narrow-mindedness and communalism,” during the Constituent Assembly Debates. 31 Young India, 8-1-1925, pp.15-16, cited by Narayan Agarwal https://www.constitutionofindia.net/ historical-constitution/gandhian-constitution-for-free-india-shriman-narayan-agarwal-1946/#2388. 32 Part II, Chapter V, Article 114, Gandhian Constitution of Free India, 1946. https://www. constitutionofindia.net/historical-constitution/gandhian-constitution-for-free-india-shriman-narayanagarwal-1946/#2441. 33 Part II, Chapter V, Fundamental Rights and Duties, Clause 3, Gandhian Constitution of Free India, 1946, ‘Subject to the principles of non-violence and public morality, every citizen shall enjoy freedom of speech; freedom of assembly, combination and discussion.’ 34 Part II, Chapter V, Fundamental Rights and Duties, Gandhian Constitution of Free India, 1946‘1. All citizens shall be faithful to the State especially in times of national emergencies and foreign aggression.’ 35 S.G. Vombatkere v Union of India WP (C) 682/2021. 36 1. All citizens shall be faithful to the State especially in times of national emergencies and foreign aggression. 2. Every citizen shall promote public welfare by contributing to State funds in cash, kind or labour as required by law, Gandhian Constitution of Free India, 1946. 29 28 Journal of the National Human Rights Commission, Vol. 22, 2023