ISJS Jainism Study Notes E5 Vol 03

Author(s): International School for Jain Studies
Publisher: International School for Jain Studies

Page 273

Fundamental duties (Articles 51A)21 Rights and duties are co-relative. Constitution of India was further enhanced in 1976 by adding a section on fundamental duties of its citizens along with their rights. Articles 51a (9) clearly states 'every citizens should protect and improve natural environment including forests, lakes, rivers and other wild life inhabiting the forests and make them better. Further he should have a feeling of compassion towards all living beings. Similarly it is the duty of every citizen to protect public property and refrain from violence. The author feels that such statements have been included in the constitution inspired by ahimsā only.
2. Satya i.e. Truth Truth is not bound to an individual person or community. Like sun, moon, air are not limited to Hindus, Muslims or Jains but along to all. Satya and Ahiṁsā are complimentary to each other. Without being truthful, how can you enhance fearlessness? If there is no greed, then how aversion can exist and without aversion violence cannot exist?
Constitutional aspects:
For a welfare state, it is essential to control the accumulation of wealth by a few. India, through a declaration of 1976 incorporating changes in the constitution of India made India a socialist state. Maximum use of nation's wealth and public property shall be made to remove poverty and help the destitute. With this in mind, constitutional amendment in 1978 (article 31) eliminated the fundamental right to property earlier existing and gave the right to the state to acquire the wealth of any individual by paying the appropriate compensation. Important decisions of the Supreme Court of India, making the actions/laws enacted by the government valid in cases of Keśavānand Bhārti (1973)22, Madhav Rāo Scindia (1971)23, Nationalization of banks24, abolition of the privy purses of the princes etc. Similarly articles 39 (b and c) facilities ownership and control of material wealth and means so that they become the means of social welfare. Similarly the economic administration should be such that the wealth and means of production are not concentrated in the hands of a few to avoid
21 Constitution of India Pg. 15. 22 keśavānand Bhārti vs State of Kerala, 1973. 23 Madhav Rao Scindia vs Union of India, 1971. 24 R.C. Cooper vs Union of India, 1970.
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STUDY NOTES version 5.0