2. In philosophy and essence, the fundamental rights are similar to the bill of rights enshrined in the US constitution. Elucidate.
दर्शन और सार में, मौलिक अधिकार अमेरिकी संविधान में निहित अधिकारों के बिल के समान हैं। स्पष्ट करें
Demand of the question:
It expects students to write about the similarities between fundamental rights of Indian constitution and bill of rights of US constitution in essence and philosophy.
Introduction:
At the time of the framing of the Indian Constitution, a vision for the future society that we aspired to become and a blueprint of the nation whose borders were soon to come into existence; both these imperatives came together to constitute the Fundamental Rights Chapter, which still remains the beating heart of the Constitution.
Body:
| US case of bill of rights: | India’s fundamental rights: |
| Not originally part of US constitution. First Congress amended the Constitution by adding what became known as the Bill of Rights in ten amendments to the Constitution which still stands as both the symbol and foundation of American ideals of individual liberty, limited government, and the rule of law. | Part 3 of the Indian constitution consists of fundamental rights. It included rights for equality, liberty, freedom of speech, movement, religion. It also ensures protection from arbitrary detention, exploitation and protection for minority language and religions. |
| Most of the Bill of Rights concerns legal protections for those accused of crimes. | This part of Indian constitution is legally enforceable and these rights are protected against state action. |
| The first amendment, perhaps the broadest and most famous of the Bill of Rights, establishes a range of political and civil rights including those of free speech, assembly, press, and religion. | Ironically first amendment in India actually curtailed then fundamental right of right to property to ensure land reforms. |
Similarity in philosophy and essence:
However, fundamental rights differ from bill of rights in many aspects such as right to bear arms for self protection. Fundamental rights in India are not sacrosanct and clouded by reasonable restrictions due to violence witnessed in partition and aftermath. In recent time, national security act, UAPA and defamation cases used by state to curtail fundamental rights.
Conclusion:
Despite of restrictions and weak civil society to maintain enough surveillance on protection, fundamental rights make Indian constitution a transformative constitution. It transforms subjects to citizens, and brings ideas of freedom and equality into spaces they would otherwise never come. The task of future generation is to defend that precious heritage.
