Evolution of Fundamental Rights in India

  1. 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.
  1. 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.
  2. 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.
  3. 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.
  4. Global Inspiration:
    • USA’s enforceable rights.
    • France’s equality and fraternity principles.
    • Ireland’s Directive Principles for socio-economic goals.
  1. The result was a dual system of justiciable Fundamental Rights and non-justiciable Directive Principles, ensuring comprehensive democracy and justice.