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NOTES AND REFERENCES

1. The Fundamental Rights guaranteed by Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to

all persons whether citizens or foreigners.

2. D.D. Chawla, the then president of the National Forum of Lawyers and Legal Aid, Delhi, observed: 'The duties may be spelt out in a more concrete form, one is left guessing the noble ideals. To some even the Bhagat Singh cult may be such an ideal as inspired our national struggle. Again what is the rich heritage of our composite culture and what is scientific temper, humanism and the spirit of inquiry and reform? The values are beyond the ken of the general run of the people and carry no meaning to them. Duties should be such and so worded as to catch the imagination of the common man.’

D.D. Chawla, 'The Concept of Fundamental Duties’,

Socialist India (New Delhi), October 23, 1976, P. 44-45.

3. C.K. Daphtary, former Attorney General of India, while opposing the inclusion of fundamental duties in the Constitution, said that more than 99.9 per cent of the citizens were law-abiding and there was no need to tell them about their duties. He argued that as long as the people are satisfied and contended, they willingly perform their duties. He said, 'To tell them what their duties are implies that they are not content. If that is the case after 26 years, it is not their fault’. A.K. Sen also opposed the inclusion of fundamental duties in the Constitution and remarked, 'A democratic set-up, instead of thriving on the willing cooperation and confidence of people, is reduced to the position of a harsh school master asking the student to stand up on the class room bench because he has not done the home work. To begin with, it were the people of India who created the Sovereign Democratic Republic of India in 1950, but the Republic is now claiming to be the master of the citizens enjoining habitual obedience to its command to do his duty. The state’s confidence in the citizens is obviously shaken’.

4. This Act was known as the Untouchability (Offences) Act till 1976.