vague but as there were no references to Gandhian ideology in the draft Constitution,64
this amendment was needed to anchor the Constitution. He envisaged that such a
reference Gandhian thought was analogous to how Marxist ideology frames the
Constitution of the Union of Soviet Socialist Republics.65H.V. Kamath’s response to
Sarwate’s proposed amendment clarified that as Article 40 of the Draft Constitution
dealt with international relations,66 a reference to citizen duties was misplaced. There
is no further discussion on Sarwate’s amendment proposal.
K.T. Shah consistently pressed for the inclusion of citizen’s duties in the Constitution.
First, he dissented in the Report of the Sub-Committee on Fundamental Rights dated
April 6, 1947.67 He was concerned with the one-sided nature of obligations,68 that
ignored individual duties necessary for coexistence and cooperation among fellow
individuals.69 In the Assembly, he moved a separate amendment proposing that
the Fundamental Rights chapter under Part III of the Constitution be renamed as
‘Fundamental Rights and Obligations of the State and the Citizen’.70 He observed
that the Draft Constitution ignored obligations of human behaviour, including the
obligation of citizens to not be traitorous, and provide concrete evidence that they
seek to be a part of the country.71 He conceptualised these duties to be an integral
part of citizenship.72,73 This proposal was avoided on the grounds that such a Chapter
title would misrepresent the contents of the Chapter. K.T. Shah’s insistence that his
proposed amendment had more to do with the substantive failure of Part III to provide
for duties did not persuade other members.74
A third mention of duties of citizens in 1948 was in the context of fundamental rights
and their limitations.75 Following a lengthy discussion on the scope of rights that
7.60.65, Constituent Assembly Debates on 25 November 1948, https://www.constitutionofindia.net/
debates/25-nov-1948/ (accessed 9 October 2023).
65
7.60.66, Constituent Assembly Debates on 25 November 1948, https://www.constitutionofindia.net/
debates/25-nov-1948/ (accessed 9 October 2023).
66 7.60.73, Constituent Assembly Debates on 25 November 1948, https://www.constitutionofindia.net/
debates/25-nov-1948/ (accessed 9 October 2023).
67
Shiva Rao, The Framing of India’s Constitution (Volume II, The Indian Institute of Public
Administration 1967) 169-175.
68
Minutes of the Dissent to the Report, April 17-20, 1947, Shiva Rao, The Framing of India’s Constitution
(Volume II, The Indian Institute of Public Administration 1967) 176-198
69
Shiva Rao, The Framing of India’s Constitution (Volume II, The Indian Institute of Public Administration
1967) 192-193.
70
Constituent Assembly Debates on 25 November 1948, https://www.constitutionofindia.net/debates/25nov-1948/ (accessed 9 October 2023).
71
7.60.130, 7.60.131, Constituent Assembly Debates on 25 November 1948, https://www.
constitutionofindia.net/debates/25-nov-1948/ (accessed 9 October 2023).
72
11 August 1949, https://www.constitutionofindia.net/debates/11-aug-1949/ (accessed 9 October 2023).
73
9.116.134, 11 August 1949, https://www.constitutionofindia.net/debates/11-aug-1949/ (accessed 9
October 2023).
74
See also 11.158.86, 17 November 1949, https://www.constitutionofindia.net/debates/17-nov-1949/
(accessed 9 October 2023).
75
2 December 1948 https://www.constitutionofindia.net/debates/02-dec-1948/ (accessed 9 October
2023).
64
Journal of the National Human Rights Commission, Vol. 22, 2023
33