Comparison of Fundamental Rights guaranteed under Constitution of India and Constitution of United States of America

– Abul Kalam Azad Sulthan, Advocate, High Court of Judicature at Madras and Madurai Bench of Madras High Court & Partner, Spicy Law Firm.

As you examine into the world of constitutional law, you’ll discover that the concept of fundamental rights is a cornerstone of democracy. Both the Indian and American Constitutions enshrine these rights, but how do they compare? In this article, you’ll initiate on a journey to explore the similarities and differences between the fundamental rights guaranteed under the Constitution of India and the Constitution of the United States of America. From the right to freedom of speech and expression to the right to bear arms, you’ll uncover the nuances of each constitution’s approach to protecting human rights. By examining the historical context and evolution of these rights, you’ll gain a deeper understanding of the values and principles that underpin each nation’s democratic framework. So, let’s begin this fascinating comparison and uncover the intricacies of fundamental rights in India and the United States.

The Idea of Fundamental Rights

Your understanding of the concept of fundamental rights is crucial in comprehending the essence of democracy. The idea of fundamental rights is rooted in the notion that certain rights are inherent to human beings and should be protected by the state.

Historical Background

Rights have been a subject of discussion and debate among philosophers and thinkers for centuries. The concept of human rights can be traced back to Natural Law philosophers, such as Locke and Rousseau. They philosophized over such inherent human rights and sought to preserve these rights by propounding the theory of ‘Social Contract’. According to Locke, man is born “with a title to perfect freedom and an uncontrolled enjoyment of all the rights and privileges of the Law of Nature,” and he has by nature a power – “to preserve his property that is, his life, liberty and estate against the injuries and attempts of other men.” As early as in 1215, the English people exacted an assurance from King John for the respect of the then ancient liberties. Magna Carta is the evidence of their success, which is a written document. This is the first written document relating to the fundamental rights of citizens. In 1689, the Bill of Rights was written consolidating all-important rights and liberties of the English people. The Declaration of the French Revolution, 1789 provided that, “the aim of all political association is the conservation of the natural and inalienable rights of man.” The modern trend of guaranteeing fundamental rights to the people may be traced to the Constitution of the USA. The original constitution as drafted in 1787 did not contain any fundamental right. There was trenchant criticism of the US Constitution on this point. Following the spirit of the Magna Carta of the British and the Declaration of the Rights of Man and the citizens of France, the Americans incorporated the Bill of Rights in their Constitution in the year 1791 in the form of ten amendments and thus the Americans were the first to give the Bill of Rights a constitutional status.

Definition and Scope

Fundamental rights are those rights that are vital for the development and growth of an individual. They are inherent and inalienable, and their protection is the primary responsibility of the state. The scope of fundamental rights is vast and encompasses various aspects of human life, including freedom of speech and expression, right to life and liberty, right to equality, and right to freedom from exploitation. Fundamental rights are not only vital for the protection of individual interests but also play a crucial role in promoting social welfare and development. They provide a framework for the state to ensure that its citizens are treated with dignity and respect. The scope of fundamental rights is not limited to individual rights but also extends to collective rights, such as the right to freedom of association and the right to freedom of religion. Background information suggests that the concept of fundamental rights has evolved over time, influenced by various philosophical and political ideologies. The idea of fundamental rights has been shaped by the experiences of different countries and cultures, and its scope has expanded to include a wide range of rights and freedoms. The most important aspect of fundamental rights is that they are inherent and inalienable, and their protection is the primary responsibility of the state. The scope of fundamental rights is vast and encompasses various aspects of human life, including freedom of speech and expression, right to life and liberty, right to equality, and right to freedom from exploitation.

Fundamental Rights in the United States and India

Assuming you are familiar with the concept of fundamental rights, let us investigate into the specifics of how these rights are guaranteed in the Constitutions of the United States and India.

Overview of the US Constitution’s Bill of Rights

Surveying the landscape of the US Constitution, you will find that the Bill of Rights, comprising the first ten amendments, forms the cornerstone of fundamental rights in the United States. Enacted in 1791, these amendments were a response to the criticisms leveled against the original Constitution for not providing adequate safeguards for individual liberties. The Bill of Rights guarantees a range of fundamental rights, including freedom of speech, religion, and assembly, as well as the right to bear arms, protection against unreasonable searches and seizures, and the right to a fair trial.

One of the most significant aspects of the Bill of Rights is its emphasis on limiting the power of the government and protecting individual freedoms. For instance, the First Amendment explicitly guarantees freedom of speech and press, while the Fourth Amendment protects citizens from unreasonable searches and seizures. The Bill of Rights has played a crucial role in shaping the country’s legal and political landscape, with many of its provisions influencing the development of fundamental rights in other countries, including India.

The Bill of Rights has undergone several amendments over the years, with the most recent being the 27th Amendment, ratified in 1992. Despite these changes, the core principles of the Bill of Rights remain unchanged, and it continues to be a vital component of the US Constitution. The flexibility of the Bill of Rights has allowed it to adapt to changing social and political circumstances, ensuring that it remains relevant even today.

Overview of the Indian Constitution’s Fundamental Rights

Rights enthusiasts will note that the Indian Constitution, adopted in 1950, also enshrines a set of fundamental rights, which are enunciated in Part III of the Constitution. These rights are designed to protect individual liberties and ensure that the government does not abuse its power. The fundamental rights guaranteed in the Indian Constitution include the right to equality, freedom of speech and expression, freedom of religion, and the right to life and personal liberty, among others.

The Indian Constitution’s approach to fundamental rights is distinct from that of the US Constitution, as it places greater emphasis on the Directive Principles of State Policy, which are non-justiciable and serve as guidelines for the government to ensure social and economic justice. Additionally, the Indian Constitution provides for a more extensive range of fundamental rights, including the right to education, the right to work, and the right to social security.

The fundamental rights enshrined in the Indian Constitution have been shaped by the country’s colonial past and its struggle for independence. The Constitution’s framers, many of whom were influenced by Western liberal ideals, sought to create a document that would protect individual freedoms and promote social and economic justice. The Indian Constitution’s fundamental rights have played a crucial role in shaping the country’s legal and political landscape, with the Supreme Court playing a vital role in interpreting and enforcing these rights.

With the Indian Constitution’s fundamental rights being more extensive and nuanced than those in the US Constitution, it is crucial to understand the context in which these rights were enshrined. The Constitution’s framers sought to create a document that would not only protect individual freedoms but also promote social and economic justice, reflecting the country’s complex history and diverse cultural landscape.

Key Differences and Similarities

Some of the key differences and similarities between the fundamental rights guaranteed under the Constitution of India and the Constitution of the United States of America are highlighted below.

Right to Free Speech and Expression

Similarities abound in the right to free speech and expression guaranteed under both Constitutions. You will notice that both Constitutions recognize the importance of free speech and expression as a fundamental right. In the United States, the First Amendment explicitly guarantees freedom of speech and press, while in India, Article 19(1)(a) implicitly guarantees freedom of speech and expression. Both Constitutions recognize the importance of free speech and expression in a democratic setup. However, there are some differences in the way this right is exercised in both countries. For instance, in the United States, there is a greater emphasis on protecting hate speech, while in India, hate speech is not protected under Article 19(2). This difference in approach reflects the different historical and cultural contexts of both countries. Furthermore, the contours of free speech and expression are shaped by judicial interpretations in both countries. In the United States, the Supreme Court has played a significant role in shaping the contours of free speech through landmark judgments like Schenck v. United States (1919) and Brandenburg v. Ohio (1969). Similarly, in India, the Supreme Court has played a crucial role in interpreting Article 19(1)(a) through judgments like Romesh Thapar v. State of Madras (1950) and Indian Express Newspapers v. Union of India (1985).

Right to Life and Liberty

Any comparison of the right to life and liberty guaranteed under both Constitutions reveals some significant differences. In the United States, the Due Process Clause of the Fourteenth Amendment guarantees that no person shall be deprived of life, liberty, or property without due process of law. In India, Article 21 guarantees that no person shall be deprived of his life or personal liberty except according to procedure established by law. The key difference lies in the phraseology used in both Constitutions. The Due Process Clause in the United States implies a more substantive protection of life and liberty, while the phrase “procedure established by law” in India implies a more procedural protection. A closer examination of the judicial interpretations of both provisions reveals that the Supreme Court in India has interpreted Article 21 to include a range of unenumerated rights, including the right to privacy, dignity, and education. In contrast, the Supreme Court in the United States has interpreted the Due Process Clause to include a range of unenumerated rights, including the right to privacy and autonomy. Additionally, the concept of “due process” in the United States has been interpreted to include both procedural and substantive protections, whereas in India, the concept of “procedure established by law” has been interpreted to include primarily procedural protections.

Right to Equality and Non-Discrimination

Right from the outset, both Constitutions recognize the importance of equality and non-discrimination as fundamental principles of democracy. In the United States, the Equal Protection Clause of the Fourteenth Amendment guarantees that no state shall deny to any person within its jurisdiction the equal protection of the laws. In India, Article 14 guarantees that the State shall not deny to any person equality before the law or the equal protection of the laws. The key similarity lies in the commitment to equality and non-discrimination. Both Constitutions recognize that equality is a fundamental right that must be protected and promoted. However, there are some differences in the way this right is exercised in both countries. For instance, in the United States, the Equal Protection Clause has been interpreted to include a range of unenumerated rights, including the right to same-sex marriage. In India, Article 14 has been interpreted to include a range of unenumerated rights, including the right to equality in employment opportunities. Plus, the contours of equality and non-discrimination are shaped by judicial interpretations in both countries. In the United States, the Supreme Court has played a significant role in shaping the contours of equality through landmark judgments like Brown v. Board of Education (1954) and Obergefell v. Hodges (2015). Similarly, in India, the Supreme Court has played a crucial role in interpreting Article 14 through judgments like State of West Bengal v. Anwar Ali Sarkar (1952) and Navtej Singh Johar v. Union of India (2018).

Right to Freedom of Religion

With respect to the right to freedom of religion, both Constitutions recognize the importance of protecting religious freedoms. In the United States, the First Amendment guarantees that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. In India, Article 25 guarantees that all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion. The key similarity lies in the commitment to protecting religious freedoms. Both Constitutions recognize that religious freedom is a fundamental right that must be protected and promoted. However, there are some differences in the way this right is exercised in both countries. For instance, in the United States, the Establishment Clause has been interpreted to imply a strict separation of church and state, while in India, Article 25 has been interpreted to imply a more nuanced approach to religious freedom. Freedom of religion is a fundamental right that is closely tied to the concept of secularism. In India, the Supreme Court has played a significant role in shaping the contours of secularism through landmark judgments like S.R. Bommai v. Union of India (1994) and Indian Young Lawyers Association v. State of Kerala (2019). Similarly, in the United States, the Supreme Court has played a crucial role in shaping the contours of religious freedom through landmark judgments like Lemon v. Kurtzman (1971) and Town of Greece v. Galloway (2014).

FAQ about Fundamental Rights in India and the United States – A Comparison

Many questions arise when comparing the fundamental rights guaranteed under the Constitution of India and the Constitution of the United States of America. Here are some frequently asked questions and their answers:

How does the US protect human rights?

With the adoption of the Bill of Rights in 1791, the US Constitution established a framework for protecting human rights. The Bill of Rights consists of the first 10 amendments to the US Constitution and guarantees various rights and freedoms to citizens, including freedom of speech, religion, and assembly. Additionally, federal and state laws provide further protection for human rights in the US. The US also has a strong tradition of judicial review, which allows courts to strike down laws that violate the Constitution. This has led to the development of a robust system of checks and balances, which ensures that the government does not abuse its power. Furthermore, the US has a number of institutions and mechanisms in place to protect human rights, including the Department of Justice, the Federal Bureau of Investigation, and the Equal Employment Opportunity Commission.

What is the most important amendment in the Bill of Rights?

Rights guaranteed by the First Amendment, such as freedom of speech, press, religion, assembly, and petition, are important to a functioning democracy. The First Amendment protects the right to express oneself freely, which is critical for holding those in power accountable and for ensuring that citizens are informed about important issues. The First Amendment also protects the right to practice one’s religion freely, which is important for promoting religious tolerance and diversity. Additionally, the amendment guarantees the right to assemble peacefully and to petition the government for redress of grievances, which are critical for citizens to exercise their democratic rights. To understand the significance of the First Amendment, it is important to recognize that it provides the foundation for a free and open society. Without these rights, citizens would be unable to express themselves freely, practice their religion without fear of persecution, or hold those in power accountable.

How do the Indian and US Constitutions address privacy rights?

Rights to privacy are important for protecting individual autonomy and dignity. In the US, the Fourth Amendment protects privacy by prohibiting unreasonable searches and seizures. This amendment has been interpreted to include a right to privacy in one’s home and personal effects. In India, the Constitution does not explicitly mention privacy as a fundamental right. However, the Supreme Court has recognized the right to privacy as an inherent part of the right to life and personal liberty under Article 21 of the Constitution. Understanding the differences in how the Indian and US Constitutions address privacy rights is important for appreciating the nuances of each country’s approach to protecting individual rights.

What are the implications of fundamental rights on governance?

Fundamental rights have a profound impact on governance, as they limit the power of the government and ensure that citizens’ rights are protected. By guaranteeing certain rights and freedoms, fundamental rights prevent the government from abusing its power and ensure that citizens are treated with dignity and respect. Fundamental rights also shape the relationship between the government and citizens, as they establish a framework for accountability and transparency. By protecting citizens’ rights, fundamental rights promote trust and confidence in government institutions. Plus, fundamental rights have a significant impact on policy-making, as they influence the development of laws and policies that affect citizens’ lives. By recognizing the importance of fundamental rights, governments can ensure that their policies are informed by a commitment to protecting human dignity and promoting social justice. Important to note: While both the Indian and US Constitutions guarantee fundamental rights, there are significant differences in how these rights are protected and enforced in each country. Understanding these differences is important for appreciating the complexities of each country’s approach to protecting human rights.

Conclusion

Drawing together the threads of our comparative analysis, you can now see that the fundamental rights guaranteed under the Constitution of India and the Constitution of the United States of America share a common ancestry, tracing back to the Natural Law philosophers and the Magna Carta. While both constitutions recognize the importance of protecting individual rights and liberties, there are significant differences in their approach, scope, and implementation. You have observed that the US Constitution, through its Bill of Rights, explicitly guarantees certain fundamental rights, such as the right to bear arms and the right to property, which are not explicitly mentioned in the Indian Constitution. On the other hand, the Indian Constitution has incorporated certain rights, such as the right to petition the Supreme Court, which are not found in the US Constitution.

Furthermore, you have noted that the Indian Constitution has undergone numerous amendments, reflecting its flexibility and adaptability to changing social and political contexts. In contrast, the US Constitution, with its rigid framework, has been amended only 27 times in over two centuries. This difference in approach highlights the distinct historical, cultural, and political contexts in which these two democracies have evolved. As you examine deeper into the nuances of these fundamental rights, you will appreciate the significance of understanding these differences in the context of each country’s unique experiences and challenges.

Ultimately, this comparative analysis serves as a reminder that the concept of fundamental rights is a dynamic and evolving one, shaped by the interplay of historical, philosophical, and political forces. As you continue to explore the intricacies of these rights, you will come to realize that they are not static or absolute, but rather, they are subject to interpretation, adaptation, and revision in response to changing societal needs and values. By engaging with these complexities, you will develop a deeper appreciation for the significance of fundamental rights in promoting democracy, protecting individual liberties, and fostering a more just and equitable society.