History of Fundamental Rights in India

What if I told you that the idea of fundamental rights – began taking shape more than 800+ years ago?

Yes, long before our Constitution came into being in 1950, the world had already seen several bold experiments with liberty, justice, and limited government. From the Magna Carta to India's very own Swaraj Bill of 1895—each document planted seeds of freedom that would one day grow into full-fledged constitutional democracies.

In this blog, we'll walk through the major milestones that shaped the idea of fundamental rights in India. Let's begin where it all started—England, 1215.

I. Magna Carta (1215): The First Seed of Rights

The Magna Carta, or the Great Charter, signed on 15 June 1215, by King John of England, is often hailed as the starting point of constitutionalism and individual rights in the Western world. It was not a democratic document in the modern sense, but it introduced critical concepts that influenced future rights-based legal systems—including India's.

Was Magna Carta a result of the Rebellion?

King John’s rule (1199–1216) was marked by:

• Military failures, particularly his loss of Normandy and other French territories.

• Heavy taxation to fund wars—without consent from his nobles.

• Arbitrary justice through feudal courts and exactions from landowners.

• Frequent disregard for feudal customs, creating friction with the barons (nobles).

These grievances led to growing resentment among the English barons and church leader, who formed a rebel coalition and occupied London by May 1215. Facing the threat of civil war, King John had no choice but to negotiate.

Key Contributions of Magna Carta to Constitutional Law:

• Clause 39: "No free man shall be seized or imprisoned... except by the lawful judgment of his equals or by the law of the land.” The origin of the principle of due process.

• Clause 40: "To no one will we sell, to no one deny or delay right or justice.” Foundation for access to justice and judicial fairness.

II. English Bill of Rights (1689): Est. Rights & Freedoms

After the Glorious Revolution of 1688, where King James II was overthrown and replaced by William III and Mary II, the English Parliament enacted the Bill of Rights in 1689 to formally limit the monarchy's powers and establish a constitutional monarchy in England.

This document was essentially a contract between the monarch and Parliament, ensuring that the king or queen could no longer rule without the consent of the governed.

Influence of the English Bill of Rights (1689):

• The English Bill of Rights marked a clear shift from absolute monarchy to a limited, constitutional government.

• Established individual rights and freedoms for the English people.

• It inspired the U.S. Bill of Rights (1791) and deeply influenced Indian constitutional framers, especially in shaping ideas of rule of law, legislative oversight, and judicial protection of liberties.

III. American Bill of Rights (1791)

When the United States Constitution was drafted in 1787, it initially lacked explicit guarantees of civil liberties. To address concerns from states and individuals wary of federal overreach, the first ten amendments, collectively known as the Bill of Rights, were ratified in 1791.

These amendments marked the first modern codification of enforceable individual rights, legally binding on the federal government.

Influence on India and the World:

• The American Bill of Rights became a model for democracies worldwide.

• Indian Constitution's Part III (Fundamental Rights), particularly Article 19 (freedoms) and Article 21 (right to life and liberty), drew heavily from this tradition.

• Inspired global human rights instruments, including the Universal Declaration of Human Rights (1948).

IV. Swaraj Bill of 1895: aka Constitution of India Bill

The Swaraj Bill of 1895 was the first known attempt by Indians to draft a written constitutional framework for self-rule under British colonial rule. Drafted by a group of early Indian nationalists, under the guidance of Bal Gangadhar Tilak and Dadabhai Naoroji, the bill symbolised a growing constitutional consciousness among Indians as early as the 19th century.

Historical Context:

• The Indian National Congress had been formed in 1885, and its initial phase (1885–1905) was characterized by moderate constitutional demands within the British Empire.

• The injustice and discrimination Indians faced in the civil services, military, judiciary, and taxation systems spurred a demand for equal rights and representative governance.

• The bill was submitted to the British Parliament but was never discussed, yet its symbolic importance remains immense.

Key Provisions of the Swaraj Bill (1895):

The document was written in a legal style and contained 110 articles. 

It covered a number of individual rights – 

A. Right to free speech
B. Right to property, 
C. Equality before the law
D. Structures of government
E. Separation of powers.

Significance of the Swaraj Bill (1895):

The Swaraj Bill was way ahead of its time. It spoke about important ideas like equality, freedom, rule of law, and giving power to the people.

It showed that Indian leaders were no longer just making requests to the British—they had started thinking seriously about what a future Indian government and Constitution should look like.

Even though the Bill was never accepted or enforced, it became an important first step. It helped shape future documents like the Nehru Report (1928), the Karachi Resolution (1931), and finally the Indian Constitution (1950).

V. Simon Commission (1927) & Indian Response

Later, the Simon Commission was appointed by the British government in November 1927 under the leadership of Sir John Simon. Its purpose was to assess the working of the Government of India Act, 1919 (Montagu–Chelmsford Reforms) and recommend further constitutional reforms. However, the Commission included no Indian members.

Why Was the Simon Commission Formed?

• The 1919 Act had promised a review of constitutional progress after 10 years (i.e., by 1929).

• However, the British government advanced the review to 1927, mainly to avoid doing it under a future government, which was seen as more sympathetic to Indian demands.

• The Commission was entirely composed of British members, even though its task was to evaluate Indian governance—ignoring Indian aspirations for representation.

Indian Response to the Simon Commission

• The absence of Indian representation was seen as a grave insult and denial of self-respect.

• It triggered nationwide protests, strikes, black flag marches, and hartals. The slogan "Simon Go Back!" became a rallying cry across the country.

• Prominent leaders like Lala Lajpat Rai led protests and were brutally assaulted by the police—Lajpat Rai later died from the injuries he sustained.

Impact on Rights Discourse:

• The Simon Commission became a turning point—symbolizing the British refusal to recognize Indian political agency.

• The rejection of the Commission led Indian leaders to take matters into their own hands by drafting the Nehru Report (1928).

VI. Nehru Report (1928): India’s First Draft Constitution

In response to the Simon Commission, the Indian National Congress drafted the Nehru Report in 1928 under the chairmanship of Motilal Nehru. This was the first Indian attempt to frame a Constitution for self-governance.

Proposals in the Nehru Report:

1. Bicameral legislature:

• Senate (200 members, 7-year term)

• House of Representatives (500 members, 5-year term)

2. Responsible government at both the Centre and the provinces;
   Governor-General and provincial governors to act on advice of executive councils.

3. Religious and cultural protection for minorities.

4. State to remain secular, with complete separation from religion.

Deadline & Outcome:

The report stated that if the British government did not accept these demands within a year, the demand for Complete Independence (Purna Swaraj) would be made.

Since the British rejected the proposals, the Congress adopted the Purna Swaraj Resolution at the Lahore Session on 26th January 1930, under the leadership of Jawaharlal Nehru. From then on, 26 January was observed as Independence Day—until India finally became a Republic on the same date in 1950.

VII. Karachi Resolution (1931): A Vision for Rights & Justice

In March 1931, just six days after Bhagat Singh, Sukhdev, and Rajguru were executed, the Indian National Congress adopted the Karachi Resolution, drafted by Jawaharlal Nehru.

Key Features Karachi Resolution (1931):

• Defined "Swaraj" as not just political independence, but also social and economic freedom.

• Passed two major resolutions:

  1. Fundamental Rights – Including freedom of speech, equality, and protection of civil liberties.

  2. National Economic Programme – Advocated for social and economic justice, including:

     • Right to work

     • Minimum wage

     • Protection of workers and peasants

     • State ownership/control of key industries

Significance of Karachi Resolution :

It was the first clear blueprint for Independent India's rights and socio-economic policies. It also inspired the Directive Principles of State Policy (Part IV) of the Indian Constitution.

VIII. Cripps Mission (1942): A Shift Towards Constitution-Making

With World War II underway and growing calls for Pakistan by the Muslim League, the British sought Indian cooperation. In 1942, they sent Sir Stafford Cripps with a proposal:

Key Proposals:

• India would be granted Dominion Status after the war.

• A Constituent Assembly would be set up, including Indian representatives, to frame a Constitution.

• Provinces could opt out of the Indian Union.

Outcome:

• The proposal recognised Indians' right to frame their own Constitution for the first time.

• But both Congress and Muslim League rejected it:

  • Congress wanted immediate independence.

  • Muslim League opposed the idea of a united India without a separate Pakistan.

This led directly to the launch of the Quit India Movement.

IX. Quit India Movement (1942): The Final Push

Mahatma Gandhi launched the movement in August 1942. It called for the immediate and unconditional end of British rule.

Slogan: “Do or Die” became the rallying cry of the nation.

Impact:

• Though the movement was suppressed, it showed clear public demand for full independence.

• Alongside the devastation of World War II, it weakened British resolve to hold onto India.

Also interested in how the movement unfolded across India and why it became a decisive moment in the independence struggle? Read the full Quit India Movement timeline, events, and legacy.

X. Cabinet Mission Plan (1946): Towards Transfer of Power

After the war, the British government sent the Cabinet Mission (comprising three senior ministers) to India to discuss power transfer.

Key Outcome:

• Constituent Assembly to be formed to draft India's Constitution.

• Elections were held in 1946, and the first meeting of the Constituent Assembly was convened on 9 December 1946.

This formally began the constitution-making process, ultimately leading to the Constitution of India, 1950.

How Were Fundamental Rights Framed?

When the Constituent Assembly set out to draft the Constitution, it didn't rely on just one committee. Instead, it appointed 22 different committees to handle different aspects of constitution-making.

Out of these, one stood out for its historic task of framing Fundamental Rights: The Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas, chaired by Sardar Vallabhbhai Patel.

This committee had the following subcommittees headed by:

1. Fundamental Rights Sub-Committee – J. B. Kripalani

2. Minorities Sub-Committee – Harendra Coomar Mookerjee,

3. North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee – Gopinath Bordoloi

4. Excluded and Partially Excluded Areas (Apart from those in Assam) Sub-Committee – A V Thakkar

And hence comes the 7 Fundamental Rights (Articles 12–35)

• Right to Equality (Articles 14–18 of the Constitution)

• Right to Freedom (Articles 19–22 of the Constitution)

• Right against Exploitation (Articles 23–24 of the Constitution)

• Right to Freedom of Religion (Articles 25–28 of the Constitution)

• Cultural and Educational Rights (Articles 29–30 of the Constitution)

• Right to Property (Article 31 of the Constitution) (removed by the 44th Amendment (1978))

• Right to Constitutional Remedies (Article 32 of the Constitution) 

Also, interested in how the Constitution treats life, liberty, and dignity? Here’s what you need to know about Human Rights in India.