| Citation | 2003(7) SC 206 |
| Date of Judgment | 31 July 2003 |
| Court | Supreme Court of India |
| Case Type | Writ Petition (C) No. 239 of 1998 |
| Appellant | Hon’ble Shri Rangnath Mishra |
| Respondent | Union Of India |
| Bench | V.N. Khare CJ, K.G. Balakrishnan, S.B. Sinha |
| Referred | Article 51A |
FACTS OF THE CASE
A letter written by the petitioner herein to the Chief Justice of India requesting this Court to issue necessary directions to the State to educate its citizen in the matter of fundamental duties so that a right balance may emerge between rights and duties, was treated as a writ petition. This Court appointed Shri K. Parasaran, Sr. Advocate as Amicus Curiae. The petition raised a question as to the correctness of a decision of this Court in Bijoe Emmanuel v. State of Kerala, requiring reconsideration, the matter was directed before a Constitution Bench by order dated 9th April, 2001. A Constitution Bench directed the matter to be placed before a Bench of three Judges.
ISSUES
Fundamental duties to be taught in school.
ARGUMENTS
A committee, commonly known as Justice J.S.Verma Committee, was appointed which in the report states that “Education begins at the birth in the subconscious mind and continues till death. It is not only confined to school and colleges”. It follows that Parents should also understand that education begins at home and it is of great importance to the child. Schemes should be framed that include parents in social activities that have as their objective the country’s age-old traditions.
JUDGEMENT
The J.S Verma committee recommends that:
- The Union and state govt. should create general awareness amongst the citizens about the provisions of Fundamental Duties.
- Right to freedom of religion and right of minorities and fellow citizens respected.
- The whole process of education should be free from governmental and political control.
- Every citizen should vote and participate in the democratic process of governance and should pay taxes timely.
The Committee states that the significance of dignity of the individual in all its facets and the objective of overall development of the individual must be emphasized in the curriculum at all the stages of education. This requires awareness of citizenship values which are a combination of rights and duties, and together give rise to social responsibilities. The writ petition is disposed of in the aforesaid terms.
REFERENCES
Written by Hotisha Kapoor an intern under legal vidhiya.
