Omar Bennett
The Magna Carta, or 'Great Charter' in Latin, is a charter of rights issued by King John of England in 1215. It is considered the first written document on the fundamental rights of citizens. Part III of the Indian Constitution, which contains a comprehensive list of justiciable fundamental rights, is considered the 'Magna Carta of India'. This part of the constitution is inspired by the USA's Bill of Rights and is more elaborate than the constitution of any other country in the world.
| Characteristics | Values |
|---|---|
| Part of the Indian Constitution | Part III |
| Articles | 12–35 |
| Inspired by | USA's Bill of Rights |
| Rights | Equality of all individuals, the dignity of the individual, the larger public interest and the unity of the nation |
| Rights | Promote the idea of political democracy |
| Rights | Prevent the establishment of an authoritarian and despotic rule in the country |
| Rights | Protect the liberties and freedoms of the people |
| Rights | Equality of Opportunity in Public Employment |
| Rights | Abolition of Untouchability |
| Rights | Abolition of Titles |
| Rights | Right to freedom of speech and expression |
| Rights | Protection Against Arrest and Detention |
Explore related products
What You'll Learn
Part III of the Indian Constitution
The first category, the Right to Equality, guarantees equality before the law and prohibits discrimination based on religion, race, caste, sex, or place of birth. It ensures equal opportunities in matters of public employment, promoting fairness and equal treatment for all.
The Right to Freedom is the second category, encompassing various liberties. This includes freedom of speech and expression, assembly, association or union, movement, residence, and the right to practice any profession or occupation. However, these rights are subject to limitations to maintain the security of the state, friendly relations with foreign countries, and public order, as well as considerations of decency and morality.
The third category is the Right against Exploitation, which prohibits all forms of forced labour, child labour, and human trafficking. This right safeguards individuals, especially the vulnerable, from being exploited or subjected to inhumane working conditions.
The fourth category, the Right to Freedom of Religion, ensures freedom of religion and worship. It includes the freedom to attend or not attend religious instruction or worship in certain educational institutions, respecting the religious beliefs and practices of all individuals.
The fifth category is the Right to Cultural and Educational Rights, recognising the importance of culture and education in a diverse society like India. While specific details of this right are not readily available, it likely includes protections and provisions to promote and preserve cultural and educational rights and opportunities.
Lastly, the sixth category is the Right to Constitutional Remedies for the enforcement of Fundamental Rights. This right empowers all individuals, regardless of race, religion, caste, or sex, to approach the Supreme Court and High Courts to seek justice and ensure the protection of their Fundamental Rights.
The Fundamental Rights outlined in Part III of the Indian Constitution serve as a cornerstone of Indian democracy, providing a framework to protect the liberties and dignity of its citizens. They act as a check on the power of the government, ensuring that the rights and freedoms of the people are upheld and respected.
Roadmap to Becoming a Constitutional Lawyer in India
You may want to see also
The Fundamental Rights
Part III of the Indian Constitution, comprising Articles 12 to 35, is often referred to as the 'Magna Carta of India'. This is because it contains a comprehensive list of justiciable fundamental rights, which are more elaborate than those found in the constitution of any other country in the world.
Fundamental Rights are a set of six basic human rights enshrined in the Indian Constitution and guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. These rights are enforceable by the courts, subject to certain conditions.
The six fundamental rights are:
- Right to Equality, including equality before the law, prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth, and equality of opportunity in matters of employment.
- Right to Freedom of Religion, Speech and Expression, Assembly, Association or Union, Movement, Residence, and the right to practice any profession or occupation (some of these rights are subject to security concerns and maintaining friendly foreign relations).
- Right against Exploitation, prohibiting all forms of forced labour, child labour, and human trafficking.
- Right to Freedom, which includes freedom of conscience, profession, practice, and propagation of religion. The state has no official religion, and every person has the right to freely practice their faith and establish and maintain religious and charitable institutions.
- Cultural and Educational Rights, which protect the rights of religious, cultural, and linguistic minorities, allowing them to preserve their heritage, culture, and languages, as well as establish their own educational institutions.
- Right to Constitutional Remedies, which guarantees remedies if a citizen's fundamental rights are violated.
These rights are meant to promote the idea of political democracy and prevent the establishment of an authoritarian rule in the country. They are also aimed at overturning the social inequalities of pre-independence India, specifically abolishing untouchability and prohibiting discrimination.
The Soul of India's Constitution: Guiding Values
You may want to see also
The influence of the US Constitution
The US Constitution has been a significant influence on the Indian Constitution. Both countries' constitutions are federal in form, stating that power belongs to the central government. They also lay down the foundations of the fundamental rights of the people and include the distribution of powers to maintain and safeguard democracy. The preamble of the Indian Constitution is also taken from the US Constitution.
The US Constitution is one of the shortest and the first written constitution globally, consisting of seven articles and 27 amendments. In contrast, the Indian Constitution is the lengthiest constitution to date, with 12 schedules and 448 articles in 22 parts. The US Constitution is rigid and challenging to change, while the Indian Constitution is flexible and can be amended to suit the country's circumstances. As of 2022, the Indian Constitution has been amended 103 times.
The constitutions also have several differences. The US Constitution does not have provisions for a national emergency, while the Indian Constitution does. In an emergency, the powers go to the Indian Central Government or President, and the powers of the state become null and void. Indian states cannot request to amend their constitution, while US states have equal power and can request amendments. The US President is directly elected by the people and can serve a maximum of two four-year terms, while the Indian President is elected by the Rajya Sabha members and serves a five-year term.
Understanding Contempt of Court Laws in India
You may want to see also
Explore related products
The 100th year of the Montagu-Chelmsford Report
The Montagu-Chelmsford Report, or MCR, is a significant document in India's constitutional history, marking a watershed moment in the country's journey towards self-governance. The report, formally known as the "Report on Indian Constitutional Reforms," was published 100 years ago, on July 8, 1918.
Edwin Montagu, the then Secretary of State for India, and Lord Chelmsford, the Governor-General, authored the report after numerous consultations with Indian representatives. Montagu had been a strong advocate for increased Indian participation in the British Indian administration, and his efforts, along with the Montagu Declaration, have been hailed as India's "Magna Carta."
The MCR proposed radical administrative changes, emphasizing the need to "emancipate the local governments and legislatures from central control" and move towards responsible government in the provinces. It laid the groundwork for devolution of powers and self-governance, giving provincial legislatures greater autonomy. This included extending the franchise and increasing the authority of central and provincial legislative councils, with the latter containing a majority of elected members.
The report also directed that the "Government of India must remain wholly responsible to Parliament," elucidating the principle of accountable governance. The key principles of responsible government, self-governance, and a federal structure emerged from these reforms, shaping the future of India's political system.
The MCR formed the basis for the Government of India Act of 1919, enacted by the British Parliament, and continued to influence the move towards self-government with the new Government of India Act in 1935. Despite initial opposition from Indian leaders like Annie Besant and Mahatma Gandhi, who saw the reforms as insufficient, the MCR was a significant step in India's constitutional evolution, setting the stage for further progress towards responsible and self-governing institutions.
The Indies: A Historical Overview of Formative Nations
You may want to see also
The interpretation of the charter
The interpretation of the Magna Carta has evolved over the centuries, with varying views on its role and significance. Initially, it was seen as a document that recognised and protected the liberty of individual Englishmen, making the King subject to the common law of the land. It was also believed to be the origin of the trial by jury system and acknowledged the ancient origins of Parliament. Lawyers and historians in the 16th century believed that the Magna Carta was an attempt to restore ancient English freedoms that had been overthrown by the Norman invasion of 1066, making it a foundation for contemporary parliamentary powers and legal principles such as habeas corpus.
However, this interpretation has been challenged over time. Robert Brady, for instance, refuted the idea of the antiquity of Parliament and the belief in the continuity of the law. He argued that the liberties outlined in the Magna Carta were limited and granted by the King, thus casting doubt on its modern political relevance. Despite these changing views, the document has remained influential and iconic, even after its content was largely repealed in the 19th and 20th centuries.
In the context of the Indian Constitution, the term "Magna Carta" specifically refers to Part III, which encompasses Articles 12 to 35. This section of the constitution is significant as it outlines a comprehensive list of justiciable fundamental rights, which are more elaborate and extensive than those found in the constitutions of other countries, including the USA. These rights include equality of opportunity in public employment (Article 16), the abolition of untouchability (Article 17), the abolition of titles (Article 18), and the right to freedom of speech and expression (Article 19).
The fundamental rights enshrined in the Indian Constitution's Magna Carta are not absolute and can be curtailed or repealed by a constitutional amendment act. They are also subject to reasonable restrictions imposed by the state, with the courts deciding on the reasonability of these restrictions. These rights allow individuals to seek enforcement through the courts if they are violated, providing a mechanism for justice and protection.
Gender Justice: India's Constitutional Promise
You may want to see also
Frequently asked questions
The Magna Carta is the Charter of Rights issued by King John of England in 1215. It is the first written document on the Fundamental Rights of citizens.
Part III of the Indian Constitution, which contains articles 12-35, is considered the Magna Carta of India. It contains a long and comprehensive list of justiciable Fundamental Rights, inspired by the USA's Bill of Rights.
Some examples of Fundamental Rights in the Indian Constitution include equality of opportunity in public employment (Article 16), abolition of untouchability (Article 17), abolition of titles (Article 18), and protection against arrest and detention (Article 22).
