Fundamental Rights or the Magna Carta of the Indian Constitution or the Bill of
Rights of India is the same thing. We have to understand that what are these
Fundamental Rights and why they said the Magna Carta of the Indian Constitution
or the Bill of Rights of India. So let's understand this.
It was first observed
in India by Late Shree Motilal Nehru in 1928, his report demanded inalienable
Fundamental Rights for the people of India. His report was inspired by
the American bill of rights, which had a great impact on the thinking of Indian
Fundamental Rights are those rights which are guaranteed by the constitution of
India to their civilians or citizens of the country that they can live their
life with respect, dignity, and in an equal term. These Fundamental Rights helps
in distinguishing between humans and animals. In the case of Menaka Gandhi v.
Union of India
AIR 1978, Justice Bhagvati said that these rights represent the
values that are cherished by the people of this country since the Vedic ages and
are made to create conditions in which every human being can develop his
personality to the fullest. These rights are necessary for a human being for
attaining full social, intellectual, and spiritual status.
They are said Magna Carta of the Indian Constitution because Magna Carta was the
first written document that provides Fundamental Rights. It is a royal charter
of rights agreed to by King John of England (Britain) at Runnymede, near Windsor
on 15 June 1215.
We took our Fundamental Rights from the American Constitution i.e. Bill of
Rights, that's why it is also known as the Bill of rights of the Indian
From above we understood that what are Fundamental Rights. Now let's understand
the specification of our Fundamental Rights (Indian Constitution) which are the
Six Fundamental Rights provided under the Indian Constitution are the
- They are described in Part III (Article 12-35) of the Indian
- Fundamental Rights show the progress of Democracy.
- They protect civilians from the hard rules of the State.
- They are Justiciable, which means subject to trial in a court of law.
- They are not absolute but qualified.
- They are not permanent and can be amended.
- They can be suspended during an Emergency, except articles 20 and 21.
- There were seven Fundamental Rights in the Constitution but now there
are only six Fundamental Rights in the Indian Constitution. [Right to
property become a Legal Right from Fundamental Right after 44th amendment in
the Indian constitution.]
Written By: Jagpravesh Singh
- Right to Equality (Article 14-18
- Right to Freedom ( Article 19-22)
- Right against Exploitation (Article 23-24)
- Right to Freedom of Religion (Article 25-28)
- Cultural and Educational Rights (Article 29-30)
- Right to Constitutional Remedies (Article 32)