Can’t enforce fundamental duties, says Supreme Court

Supreme Court on Monday declined a plea for the enforcement of the fundamental duties as enshrined in the Constitution and the implementation of two separate reports by former chief justices of the apex court on the issue.

A bench of Chief Justice Jagdish Singh Khehar and Justice DY Chandrachud declined the plea by lawyer Ashwani Kumar Upadhyay, a spokesperson of the Delhi BJP, who contended that both Chief Justice AS Verma and Chief Justice MN Venkatachaliah, who headed commissions on the issue after their retirement, found that something was not working and made recommendations to address the situation.

Appearing for the petitioner, senior counsel V Shekhar told the bench that if the situation is not addressed, people will lose faith in the system.

Declining the plea, Chief Justice Khehar noted that the petitioner was the spokesman of the ruling patty — a powerful person who can get anything done.

“You are spokesperson of the BJP party. You are so powerful, you can get a anything done. Ask your party to do so,” Chief Justice Khehar told the petitioner.

Among the fundamental duties, patterned on the Soviet model and included by the 42nd amendment in 1976 are: to abide by the constitution and respect its ideal and institutions, to uphold and protect the sovereignty, unity and integrity of India, to defend the country and render national service when called upon to do so, and to promote harmony and the spirit of common brotherhood among all the people of India transcending religious, linguistic and regional diversities.

Kerala police on Monday registered a case against controversial minister MM Mani who allegedly made lewd remarks against Munnar’s women collective (Pembilai Orumai) during a meeting. As pressure mounted, the power minister reiterated he never insulted women and offered to quit if the party asked.

The state women commission member J Prameela, who visited the fasting women collective members in Munnar, has directed Idukki police superintendent to file a case against the minister. With a constitutional body of the state directing the police to file a case, he has little options before him.

Meanwhile, Idukki district observed a shutdown to protest against the minister’s remarks.

His remarks allegedly questioning the character of women activists, who last year held a series of protests against plantation companies, have invited widespread criticism from many quarters including his own party leaders. CM Pinarayi Vijayan and party secretary Kodiyeri Balakrishnan disowned his speech and CPI leader Annie Raja sought his resignation.

The minister had expressed regret but members of the women collective wanted him to visit their fasting venue and tender a personal apology to them. “He has to tender a personal apology for questioning our moral background,” said Gomati, leader of the women collective. However, Mani reiterated his remarks were wrongly interpreted. “Let them protest. People know who is behind the stir,” he said .