31. That every citizen of India is fundamentally obligated to develop a scientific temper and humanism .He is fundamentally duty bound to strive towards excellence, in all sphere of individual and collective activity, so that the nation constantly rises to the higher level of endeavor and achievements. Everyone, whether individually or collectively is unquestionably under the supremacy of law. However it is true that exaggerated devotion to the rule of benefit must not nurture fanciful doubts or lingering suspicion and thereby destroy social defense, as the curiosity cannot be the subject matter of fair criticism. Thus the conclusion derived that on one hand, every citizen is having the freedom of speech and expression so far as they do not contravene the statutory limits and may prevail in the atmosphere with out any hindrance. Fundamental duties and the obligation of the citizen may yet provide a valuable guide and aid to interpretation of constitutional issues which not only required for resolving the issues but also to provide guidance to the society. Giving a man his due, one of the basics of justice finds reflected in right to equality .Law frowns upon such conduct thus the court accords legitimacy to possession in due course of time. 32. That the concept of sovereignty was present from the ancient time but the sovereignty was conferred upon an individual who is suppress the wicked and is recognized as great resources in itself like the god of fire, air, sun, moon and religion. The religion in the ancient time was considered as spiritualism and it was not dependent upon any ritual ceremony, but it was considered s the knowledge in the darkness of ignorance and injustice. The sovereignty was supposed to promote the cause of the religion, wealth and enjoyment of life and those, who were voluptuous, malicious, mean and low-minded, were ruined by the retributive justice. Thus the sovereignty was considered as a destroyer of the wicked by fire; a restrainer of the wicked by storm (Varun) and its controller. It was considered to be the dispenser of ease to the best pupil like the moon and a replenisher of wealth. These qualities were the quality of the sovereign power. 33. That now the sovereignty is attributed upon the three institution namely the legislature, the executive and the judiciary. The combined effect of the three institutions makes a democratic society. The legislature is creature like lord Brahma while the executives like lord Vishnu may provide the welfare to the public. The judicial institutions like lord Shiva is the dispenser of justice and is also the protector of all subjects. The law of retributive justice wakes when the people sleep. Hence wise men regard the law or punishment as virtue or religion. 34. That the sovereignty and the people should form three Councils, Educational, Religious, and Administrative. One individual should not have the absolute power of government, the sovereignty being the general president of the councils .The qualifications of the president the presidents of separate councils are their interest in the welfare of the country, their excellence of learning and character, and their influence over the people. A country prospers as long as the people are righteous. Also their welfare requires the appointment of learned educational officers, appointment of learned men as the dignitaries of the spiritual council and of virtuous learned men as administrators. Obedience to law is required of all. 35. That the secularism is the basic structure of constitution and as such in absence of study of religion for generating brotherhood amongst the fellow citizens as to provide mutual coordination and the ideology of live and let live to other is the basic education, which cannot be said as an attempt against the secular philosophy of the constitution .The constitution as it stands does not proceed on the “melting pot theory” while it represents a “salad bowls”, where there is homogeneity without any obliteration of identity . The foundation of the religion is spiritualism, which is based on trust and confidence and an ability to strive for the good self of the other individual. The law must be enforceable to preserve the society with out any derivation and hindrance and thus it may not resultantly face the social catastrophe. 36. That the little Indian shall not be hijacked from the course of freedom by mob muscle method and thereby to subtle perversion of discretion by other large Indian “dressed in little, brief authority”. The people of our country has right to know every public Act and the principle of finality may not be insisted upon as the maxim “interest reipublicae ut sit finis litiun”. Wisdom and advisability of public policy may be demonstrated in order to given effect to the statutory provisions under our constitution thus an inquiry and investigation may be needed a complete with the opinion of the expertise to arrive a conclusion as to whether the plurability in a society is not splited the very object of the law through appeasement to the minority group of the citizen in order to provide a conducive political social and legal framework with out destroying the very fabric on the basis of which the pillar and the foundation were built in order to assimilate the minorities with the majority. 37. That the Hon’ble court may never venture to disown its jurisdiction when the constitution is found to be at stake and the fundamental rights of the citizen are under fire of falsehood and thereby usurpation of the power by terrorizing for personal leisure and pleasure through self created dogmas and rituals of particular religion at the cost of other citizens. Thus the exposure of the falsehood may become the right of the affected party to vanish the assertion based on unpatriotic sentimental perversity. 38. That in Bijoe Emmanuel Vs State of Kerala (1986) 3 SCC 615, the question raised in the aforesaid case, as to whether three children who were faithful to “Jehovah’s witnesses” may refuse to sing our national anthem or salute the national flag of our country despite being the student in the school, where during morning assembly, the national anthem is sung by other children. The circular issued by the Director of Public Instruction, Kerala provided obligation of school children to sing the National Anthem. Thus these children were expelled. The Hon’ble Supreme court while setting aside the aforesaid order of expulsion of the children from the school was pleased to examine, as to whether the children faithful to “Jehovah’s witnesses”, a worldwide sect of Christianity may be compelled against tenets of their religious faith duly recognized and well established all over the world which was upheld by the highest court in United States of America, Australia and Canada and find recognition in Encyclopedia Britannica. It was held that the appellants truly and conscientiously believed that their religion does not permit them to join any rituals except it them in their prayers to Jehovah, their God. Though their religious beliefs may appear strange, the sincerity of their beliefs is beyond question. They do not hold their beliefs idly and their conduct is not the outcome of any perversity. The appellants have not asserted the beliefs for the first time or out of any unpatriotic sentiments. Their objection to sing is not just against the National Anthem of India. They have refused to sing other National Anthems elsewhere. They are law abiding and well-behaved children, who do stand respectfully and would continue to do so, when National Anthem is sung. Their refusal, while so standing to join in the singing of the National Anthem is neither disrespectful of it, nor inconsistent with the Fundamental Duty under Article 51 A (a). Hence no action should have been taken against them.
Posted on: Wed, 24 Jul 2013 20:25:22 +0000
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