Evolution of Fundamental Rights in India

Influence of Global Democracies: India’s Fundamental Rights were inspired by global experiences:
- Bill of Rights (USA): Emphasized individual freedoms and protection from state overreach, forming a model for justiciable rights.
- Declaration of the Rights of Man and Citizen (France): Advocated liberty, equality, and fraternity, echoing in India’s constitutional ideals.
- British Traditions: The UK’s rule of law and parliamentary supremacy influenced India’s constitutional framework, despite the absence of a codified Bill of Rights.

Early Indian Initiatives
- Nehru Report (1928): Proposed India’s first constitutional framework with:
  - A parliamentary democracy.
  - Protection of minority rights.
  - Inclusion of Fundamental Rights for civil and socio-economic liberties.
- Karachi Resolution (1931): Highlighted the nationalist demand for:
  - Civil rights: Freedom of speech, religion, and association.
  - Socio-economic justice: Abolition of untouchability, bonded labor, and serfdom.
Opposition by British Authorities
- Simon Commission and Joint Parliamentary Committee:
  - Rejected Fundamental Rights, arguing their impracticality under colonial rule.
  - Declared abstract rights ineffective without means for enforcement.
- Nationalist Response:
  - Leaders emphasized the need for codified rights to protect against executive overreach.
  - The colonial experience underscored the importance of enforceable liberties.
Constituent Assembly and Final Framework: The Constituent Assembly crafted a balanced framework influenced by:
- Constituent Debates: Balancing individual rights with state responsibilities for social welfare.
Global Inspiration:
- USA’s enforceable rights.
- France’s equality and fraternity principles.
- Ireland’s Directive Principles for socio-economic goals.

The result was a dual system of justiciable Fundamental Rights and non-justiciable Directive Principles, ensuring comprehensive democracy and justice.