Duties, rights and the Constitution

Author: Dr Khalil-ur-Rahman Shaikh

The constitution of a state provides and guarantees rights to its subjects. When they are not enforced by the state in letter and spirit then a concept of demand emerges. Here demand is the outcome of non-performance of the institutions of the state. In other words, the institutions do not render their duties as per requirement which may ensure providing rights to the citizens of the state.

The demand for right and performing duty are directly proportional to each other. If both are taken in parts then a healthy society and state may not be established. The demand of right will prevail over rendering duty which will give birth to injustice, unfair play, mistrust, intolerance, and chaos etc in a state. Consequently, the state will be bound to decline.

An imbalance between providing rights and performing duty develop a culture of only focusing on demand. It slowly and gradually removes the sense of performing right from the minds of the citizens. Consequently, people begin quarrelling with each other. It causes intolerance which paves way for mistrust. Thus, the system fails functioning for the welfare and betterment of the people.

It may not be possible to identify a person or an institution that may first perform a duty to evolve a chain of reaction. That very component or part of that chain may begin discharging its duty for providing the right to the other. It is a collective action and interconnected. It may not be taken in parts.

The constitution is a supreme document of the state which elaborates rights and identifies duties to be performed by its citizens and institutions. But the constitution is made by the people who perform their duties of framing this supreme document. Their performance of such duties ensures their respective and collective rights.

Similarly, the legislators make legislation for making law. The process of making law and its enforcement is a duty which will protect the rights of others. In response, it will provide the rights indirectly to the makers of the law.

Ignorance towards duty does not solve the problems rather makes them complicated. For example, the dwellers of a house throw waste outside the main gate and do not dump it at the appointed point. When they open the door of the main gate and come out and find waste lying on the road facing the house they raise fingers on the performance of the governance. The housemates failed to render their duty of throwing trash at the appointed place, thus, they could not receive the right of cleanliness.

In the same way, if a state does not make proper arrangements for disposal of waste dumped in dustbins, then, uncleanliness will get a place. It may prove an irritant to the subjects which may ultimately emerge thinking of not performing duties as the state does not perform its duty.

A state has to enforce the provisions of the constitution and laws in letter and spirit

Such thinking will prove starter of a chain which may influence and affect every walk of life and every institution of the state. Thus, everyone will start demanding for their right and may leave performing one’s duty. Then the situation of chaos, intolerance, disrespect of law, depreciation of values and ill-governance etc may become the order of the day.

Its final stage may be the disappearance of the sense of ownership of the state amongst its citizens. Such state of affairs may be favourable for internal and external enemies of the state.

A state has to enforce the provisions of the constitution and laws in letter and spirit. In return, it will get loyal and efficient subjects. It will ensure peace in the state which will pave way for development and prosperity in the state. It will sensitise the citizens that the state is serving them. Thus, they will automatically start discharging their duties. This attitude makes the state a paradise.

It is necessary to discharge duty before claiming a right. The only demanding right without rendering duty will further aggravate the situation of demands.

The writer is an author and has a doctorate in Political Science

Published in Daily Times, May 16th 2018.

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