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Inspiration Behind Fundamental Rights in the Indian Constitution

January 05, 2025Art1452
Inspiration Behind Fundamental Rights in the Indian Constitution The i

Inspiration Behind Fundamental Rights in the Indian Constitution

The idea of fundamental rights in the Indian Constitution is a unique amalgamation of various global legal and constitutional frameworks. The primary inspiration stemmed from the Constitution of the United States of America, particularly from the American Bill of Rights, which established foundational rights protecting individual liberties and freedoms.

Prelude to the Indian Constitution

Dr. Bhimrao Ambedkar, the principal architect of the Indian Constitution, sought to incorporate these rights to ensure the protection and dignity of India's citizens. The framers of the Indian Constitution were also influenced by other sources such as the Universal Declaration of Human Rights, adopted by the United Nations in 1948, and the Irish Constitution.

Influence of the U.S. Constitution

Significantly, the idea of fundamental rights in India was largely inspired by the Constitution of the United States of America. The American Bill of Rights, consisting of the first ten amendments to the U.S. Constitution, provided a template for fundamental rights such as freedom of speech, religion, press, and the right to a fair trial.

The framers of the Indian Constitution drew heavily from these principles, ensuring that the fundamental rights in the Indian Constitution were comprehensive and protective. For instance, the right to equality (Article 14) and the right to freedom (Articles 19 to 22) are based on the American model for safeguarding individual liberty.

Role of the U.S.S.R. and Soviet Union Constitution

In addition to the American influence, the Indian Constitution also drew inspiration from the Constitution of the Soviet Union, now known as the Constitution of Russia. The U.S.S.R. constitution provided the concept of fundamental duties, which were later added to the Indian Constitution following recommendations by Sardar Swaran Singh, a former Foreign Minister. These fundamental duties, such as the obligation to work, educate oneself, and abide by public property, reflect a social responsibility element that was infused into the Indian legal framework.

Evolution of the Indian Constitution

While the structure of the Indian Constitution reflects a blend of various sources, it was heavily influenced by the American model. However, the Indian Constitution has its unique features and deficiencies. For example, the process of appointing judges to the higher judiciary is not as clearly defined as in the American system, where the President, after consulting with the Chief Justice of the Supreme Court, appoints Supreme Court justices.

The Constitution of India, while being a mixture of several constitutional models, accommodates the specific socio-political needs of India. The Indian legal system, which originally followed British legal principles, has adapted numerous American and other international legal concepts to fit its unique context.

The inclusion of fundamental rights in the Indian Constitution is not just an academic or theoretical exercise but is deeply rooted in the protection and promotion of human dignity and freedom. It represents Indira Gandhi's vision for a modern, democratic, and inclusive society.