D.L. Mehta, J.-Right and duty co-exists. There cannot be any right without any duty and there cannot be any duty without any right. It is a happy sign that the citizens of Jaipur, through the present petitioner Mr. L. K. Koolwal has moved to this Court in the matter of sanitation of Jaipur City. Good number of affidavits have been filed by the citizens of Jaipur relating to each of the locality referred to in the writ petition to show that the sanitation problem is acute in Jaipur which is hazardous to the life of the citizens of Jaipur. Insanitation leads to a slow poisoning and adversely affects the life of the citizen and invites the death at an earlier date than the natural death.

2. Article 51-A of the Constitution has been inserted in the Constitution of India vide 42nd Amendment in 1976. We can call Article 51-A ordinarily as the duty of the citizens, but in fact it is the right of the citizens as it creates the right in favour of the citizen to move to the Court to see that the State performs its duties faithfully and the obligatory and primary duties are performed in accordance with the law of land. Omissions or commissions are brought to the notice of the Court b