Fundamental Duties of the State, Political Parties and Citizens

It is the duty of all political parties, politicians, national, provincial or local, to maintain high standards of professional ethics and refrain from favouritism, nepotism and any kind of monetary or other misdeeds. It is the duty of the State to have codes of ethics for all members of parliament, provincial councillors, and local government representatives.

by Laksiri Fernando

( March 2, 2016, Sydney, Sri Lanka Guardian) In seeking public opinions for a New Constitution, the Public Representations Committee (PRC) led by senor lawyer and social activist, Lal Wijenayake, has asked what form that a chapter on ‘directive principles of State policy’ should take. There is such a chapter in the present constitution, and there was one in the previous 1972 constitution. However, both constitutions said ‘these are not justiciable,’ to mean legal proceedings could not be initiated, making them effectively inoperative.  

The related questions asked or topics given by the PRC are ‘fundamental rights and duties’ and ‘individual rights and group rights.’ Considering that the proposed New Constitution should be ‘progressive, futurist, innovative and people centred,’ it is the opinion of the present author that instead of merely emulating a chapter on ‘directive principles,’ there could be a more effective chapter on ‘Fundamental Duties of the State, Political Parties and Citizens.’ This is in addition to a chapter on ‘fundamental human rights and freedoms.’  

This chapter could be ‘justiciable’ in the sense that ‘public interest litigation’ could be initiated in contrast to individual fundamental rights cases, and under any necessary prescribed limitations, to make particularly the State and the political parties accountable on the principles enunciated in this chapter. 

One necessary ingredient might be a ‘Human Rights Court’ both hearing cases under the fundamental rights chapter and ‘public interest litigation’ under the proposed present chapter. There is also an increasing awareness and opinion, following some initiatives in Germany, to make the political parties accountable and/or make them effective and constructive parts of a constitutional system.

This article proposes 16 propositions as examples of how such a chapter on fundamental duties, binding on the state, the political parties and also the citizens could be formulated. As you could see, the ‘non-governmental sector’ is roped into the formulations. The private sector is also not spared. While some of the propositions are routine or traditional, others might give perspectives on future directions.  

Constitution and Country    

         

It is the primary duty of the State, all state institutions and representatives/officials to recognize the Constitution as the supreme and fundamental law of the country and obey its provisions. All political parties, non-governmental sectors and all citizens are obliged to do the same while retaining the freedom to peacefully criticise and seek changes to its provisions in part or as a whole.

It is the duty of the State to protect and preserve sovereignty, territorial integrity and national unity of the country. All political parties, non-governmental sectors and all citizens are obliged to do the same while retaining the freedom to peacefully differ, criticise and seek changes to the policies of the State in respect of the above.

  

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