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The Excerpt from Mahatma Gandhi’s book Hind Swaraj, “real rights are a result of the performance of duty” appears obsolete in the contemporary constitutional stage of development. Do you agree? Discuss.

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Topic:  Indian Constitution– historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

2. The Excerpt from Mahatma Gandhi’s book Hind Swaraj, “real rights are a result of the performance of duty” appears obsolete in the contemporary constitutional stage of development. Do you agree? Discuss. (250 words)

Reference:  The Hindu

Why this question:

In the recently held International Judicial Conference 2020, the Chief Justice of India drew attention to the Constitution’s Fundamental Duties chapter and stressed on the importance of citizens’ duties by citing Gandhi’s Hind Swaraj, which quotes that “real rights are a result of [the] performance of duty.” Thus the question.

Key demand of the question:

The answer must discuss the relevance/obsoleteness of the quote made by Mahatma Gandhi to the contemporary times of the Constitutional evolvement.

Directive:

Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer:

Introduction:

Briefly explain the meaning of the excerpt – “real rights are a result of the performance of duty”.

Body:

The author of the article states that though on the outset the inter-relationship between duties and rights may seem reasonable, the merging of the ideas of rights and duties ought to be resisted. The author in the given article makes several arguments to justify his stand. One can use these justifications to argue for the question and substantiate. Discuss in what way to a major extent it’s the rights that prevail over duties in the present times. Take cues from the article to form a fair and balanced stand.

Conclusion:

Conclude that while determining the precedence of duties or rights it is very important to consider the position of the individual in the constitutional scheme of things and the Constitution’s commitment to combating hierarchy and that its time to rephrase the quote to “Real duties are the result of the fulfillment of rights.”