HON'BLE SHRI RANGANATH MISHRA versus UNION OF INDIA AND ORS.

Citation: [2003] SUPP. 2 S.C.R. 59 · Decided: 31-07-2003 · Supreme Court of India · Bench: V.N. KHARE, K.G. BALAKRISHNAN, S.B. SINHA · Disposal: Disposed off
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Judgment (excerpt)

HON'BLE SHRI RANGANATH MISHRA 
A 
v. 
UNION OF INDIA AND ORS. 
JULY31,2003 
[V.N. KHARE, CJ., K.G. BALAKRISHNAN AND S.B. SINHA, JJ.] 
B 
Constitution of India, 1950: 
Articles 32 and 51-A-Fundamental duties-Additions to and 
implementation of -A letter. requesting the Supreme Court to issue directidns C 
to State to educate citizens in fundamental duties-Treated as writ petition--
Recommendations of National Commission to review the working of the 
Constitution accepting recommendations of J.S. Verma Committee on 
operationalisation of fundamental duties of citizens-Held, since the 
Government of India would take notice of the recommendations of the D 
Commission/Committee, it would also consider the same in its right earnestness 
and take appropriate steps for their implementation as expeditiously as 
possible-Epistolary jurisdiction. 
CIVIL ORIGINAL JURISDICTION 
Writ Petition (C) No. 239 of 
1998. 
E 
Under Article 32 of the Constitution of India. 
K. Parasaran, (AC), G. Umapathy, (AC) Prateek Jalan, Ms. Anil Katiyar, 
P. Parmeswaran, Rajiv Mehta, Ms. Mohan Lal, Ms. Kriti Renu Mishra (NJ>), 
Ranjan Mukherjee, Tara Chandra Sharma, Rajeev Sharma, Ms. Neel~m F 
Sharma, Ranji Thomas, Ms. Bharati Upadhyaya, V.N. Raghupathy, Sushil 
Kumar Jain, (NP), KH. Nobin Singh, S.Wasim A. Qadri, S.K. Dwivedi, Dee11ak 
Kumar Singh, Ajay K. Agrawal (NP), Ms. Chitra Markandaya (NP), Ashok 
Mathur (NP), J.S. Attri, Addi. Adv. General for State of Himachal Pradesh, 
Naresh K. Sharma (NP), K.R. Sasiprabu, G. Prakash (NP), Sanjay R. Hegl:le, 
Satya Mitra, Anil K. Mishra, Satish K. Agnihotri, K. Ram Kumar (NP), Ms. G 
· Krishna Sarma, Ms. Asha G. Nair, V.K. Sidatharan, Ms. A. Subhashini, V1G. 
Pragasam, Kumar Rajesh Singh, 8.B. Singh, Ms. Hemantika Wahi, Ms. Monika 
Bapna, Anil Shrivastav, S.V. Deshpande, S.S. Shinde, Mukesh K. Giri, Praveen 
Kumar Rai, Mahabir Singh (NP), Sanjay K. Shandilya, Ms. V.D. Khanna, 
59 
H 
60 
SUPREME COURT REPORTS [2003] SUPP. 2 S.C.R. 
A Ani Suhrawardy, P.N. Ramalingam, V.Balaji, A Mariarputham, Ms. Aruna 
Mathur, S.S. Gulathi and R.S. Suri for the appearing parties. 
The following Order of the Court was delivered: 
A letter written by the petitioner herein to the Chief Justice of India 
B 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. 
As the petition raised a question as to the correctness of a decision of 
C this Court in Bijoe Emmanuel v. State of Kera/a, [1986] 3 SCC 615, requiring 
reconsideration, the matter was directed to be listed before a Constitution 
Bench by order dated 9th April, 200 l. However, a Constitution Bench by 
order dated 21st November, 2001 recalled the order dated 19th February, 
2001and9th April, 2001 and directed the matter to be placed before a Bench 
D of three Judges. The matter has been placed before this Bench pursuant 
thereto. 
When the matter was taken up for hearing, the learned Amicus Curiae 
brought to our notice the Report of the National Commission to Review the 
Working of the Constitution wherein a report made by a Committee commonly 
E known as 'Justice J.S. Verma Committee' on operationalization of fundamental 
duties of citizens has been accepted and a strong suggestion has been made 
for their early implementation. The Commission, inter alia, recommends : 
F 
G 
H 
"3. 40. 2 Education is not confined only to the time spent in schools 
and colleges. Education begins at birth in the subconscious and 
continues till death. Anyone who says that he has nothing more to 
learn is already brain-dead. It follows that the influences that play on 
a child at home are of great importance. Parents should understand 
that education begins at home, the examples they set, the environment 
of enlightenment and tolerance that is necessary to produce good 
citizens cannot be sub-contracted to formal schooling important though 
this is. Schemes should, therefore, be framed that include parents in 
social activities that have as their objective the country's age-old 
traditions, its Welcome to the persecuted of every faith, its virtues of 
tolerance of and respect for all religions and a certain pride in 
belonging to this land and in being considered as Indian. The highest 
office in our democracy is the office of citizen; this is not only
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