Make It Mandatory To Show Discharge Of Fundamental Duties Before Seeking Enforcement Of Fundamental Rights: Tushar Mehta
Tushar Meshta said that this will bring about social harmony in the country.
Solicitor General Tushar Mehta said today, while speaking at the inaugural session of the 17th National Conference of the Akhil Bharatiya Adhivakta Parishad, that anyone seeking the enforcement of fundamental rights through Courts should be required to first show compliance with fundamental duties provided in the Constitution of India.
He suggested this as a solution for achieving social harmony, as the theme of the conference was "75 years of Indian Constitution- Social Harmony".
Tushar Mehta said, "I have a solution for bringing about social harmony. People from all religions rush to courts alleging that their fundamental rights or statutory rights are violated, and the Constitution says that the Court will intervene if the constitutional or fundamental rights of any person is violated, it is the duty of the Court to do so. If we can connect the fundamental rights in the Constitution or statutory rights with the fundamental duties provided in the Constitution, if any person approaches the Court claiming that his fundamental right has been violated, he will have to show the Court that he has also discharged his constitutional duties, only then will the Court intervene."
He then read out the Constitutional duties mentioned in the Constitution of India and asked the audience to imagine examples that a person can cite to show that he has complied with his constitutional duties while approaching the Court.
"Even if one duty is made compulsory to claim a fundamental right, social harmony will be an inevitable consequence.... If I claim any right, I will have to show that I have performed my duties, and social harmony will be an inevitable consequence", the Solicitor General said.
He also said that there should be regular deliberation in society about the changes that are required to be brought about in the Constitution. He said that having such deliberations every month may result in some consensus on some good changes that are required to be made to the Constitution.
The 17th National Conference of the Akhil Bharatiya Adhivakta Parishad is being held at Balotra, Rajasthan.
Apart from Tushar Mehta, Justice Vijay Bishnoi of the Supreme Court and Dr Justice Pushpendra Singh Bhati of the Rajasthan High Court also spoke during the session.