to corollary citizen duties. In other versions of this argument, duties are advanced as
limitations or exceptions to fundamental rights. In the latter case, duties constrain the
scope of the right and are seen to arise inherently when broad rights are simultaneously
claimed by multiple individuals in a society.
A second view was Gandhian in inspiration. The fullest account of the Gandhian view
developed on a model of satyagraha ethics whereby before asserting one’s rightful
claims, the claimant must discharge their moral duties. In the context of constitutional
law, this translated into a model of rights contingent on the performance of one’s
duties. The Gandhian duty was owed to one’s fellow citizens but may operate as a
basis for the state/society to deny one’s rights.
The third source of duties was the dharmic model of duties. The invocation of dharma
as the basis of moral claims has a significant basis in several Indic traditions. However,
several members in the Assembly expressly disavowed a traditional dharmic model
that rests on varna or caste and sought to replace it with a secular foundation. Such
a dharmic duty was owed to society at large though it’s unclear who may enforce
dharma in a modern political society.
CONCLUSION
Despite these varied, albeit sporadic, references and understandings of duties
throughout the Constituent Assembly Debates, they were not included in the
Constitution of India, 1950 as it was then adopted. The chapter on duties was only
included through the 42nd Amendment in 1976.
The discussion above shows that duties were not salient in modern Indian political
thought — either from 1895 to 1946 or 1946 to 1950. This salience was absent not just
in terms of the occurrence of duties, but also in the lack of consistency in the nature,
justification and content of the duties are proposed in various antecedent documents
and debates.
Through this tracing, it appears that there are a few analytical types of duties that are
proposed and enshrined in the various texts. First, where rights are seen to generate
horizontal duties on citizens in order to protect the rights themselves. Second, that the
entitlement and enjoyment of rights is conditional on the fulfillment of duties, that
is each right has a corollary duty. Third, duties act as limitations or constraints over
broad fundamental rights. References to duties also arose from various conflicting
intellectual traditions, ranging from Gandhian ideology to Marxist traditions and
religious and cultural underpinnings.
Duties were invoked inconsistently, some commentators and documents saw duties
owed by the citizen to the state, while others saw duties owed among citizens. Some
conceptions of duties saw them as rights limiting, while others saw rights as arising
from duties. There was also considerable variance on the question of implementation
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