During the span and time of freedom struggle in India the concept of inherent rights possessed by every individual found its root. It can be categorically agreed upon that the freedom movement in India was predominantly a struggle for rights to equality, freedom and justice, which were denied to the Indian people in colonial subjectivity. The long struggle for equal rights against colonial rule was marked by slow and piecemeal reforms by the rulers. A tiny section of Indians, primarily the propertied and affluent sections, were given limited political rights viz., of voting and sitting in governing bodies. All Indians were, however, subject to innumerable restrictions on their right to freedom and equality under demeaning conditions of coloni.al rule. The struggle against colonial rule, thus, forms the context in which the language of rights developed. So, the ideas of equality and freedom as primary conditions of dignified human existence were the moving force behind the freedom struggle. And, it led to the setting up of the Constituent: Assembly. The Assembly framed the Constitution of India, which became the source of sovereignty of the people of an independent nation. The rights, which were hitherto denied by colonial rude, became the basic and fundamental rights of the people.
Table of Contents
1. Constitutional Framework of Rights in India
2. The Role of Cabinet Mission Plan and Constituent Assembly
3. Objectives Resolution
4. Advisory Committee and its Subcommittees
5. Fundamental Rights and the Constituent Assembly
6. Justice, Social, Economic and Political
7. Structure and Formation of Fundamental Rights
8. Equality
9. Judicial Backup and Confirmation of Rights
10. Socio-Economic Dimension of Rights
11. Conclusion
Research Objectives and Core Themes
This academic paper examines the historical genesis of human rights within the Indian freedom struggle and analyzes the critical role of the Constituent Assembly in institutionalizing these rights within the Constitution of India.
- The evolution of rights discourse during British colonial rule.
- The constitutional framework and the influence of the Constituent Assembly.
- The integration of social, economic, and political justice in constitutional law.
- The deliberation process between justifiable Fundamental Rights and Directive Principles of State Policy.
Excerpt from the Publication
Structure and Formation of Fundamental Rights
There was intense debate within the Fundamental Rights Subcommittee on the form or language of Fundamental Rights. It is important to note here that rights can be worded either negatively or positively. The manner in which rights are worded has important bearing on their legal nature and the role of the state in implementing them. A positively worded right places an obligation on the state to provide the conditions for the exercise of rights. In this case the rights are legally enforceable or justifiable. This essentially means that in case the government fails in its obligation to provide for a right, the courts can intervene and instruct the government to do so. The 1936 constitution of the USSR granted rights in a positive language. The Universal Declaration of Human Rights adopted by the General Assembly of the United Nations also showed preference for positive formulation of rights. , A negatively worded right, on the other hand, sees rights as belonging naturally to the citizens and prohibits the state from taking away such rights. While providing for rights to the people, it does not put the state under a legal obligation to provide the conditions for their exercise. This was the practice followed by liberal democracies since the adoption of fundamental rights by the Constitution of the U.S.A. in 1791. The dilemma was resolved by the Constituent Assembly in favor of wording the rights positively, giving the judiciary the role of an independent protector of the rights of the people. The people could turn to the courts for redemption if any of their rights was taken away. Members of the Constituent Assembly felt that a justifiable form of rights was necessary to instill a feeling of security among the minority groups and the disadvantaged sections.
Summary of Chapters
Constitutional Framework of Rights in India: Explores how the demand for a constitution emerged as an assertion of self-determination during the freedom movement.
The Role of Cabinet Mission Plan and Constituent Assembly: Details how the colonial administration acknowledged the need for an Indian-framed constitution after the Second World War.
Objectives Resolution: Analyzes the foundational declaration that defined India as a sovereign republic committed to justice, equality, and freedom.
Advisory Committee and its Subcommittees: Discusses the administrative structure tasked with drafting specific fundamental rights and protective clauses for minorities.
Fundamental Rights and the Constituent Assembly: Connects the historical struggle against colonial inequality to the specific framing of rights within the Assembly.
Justice, Social, Economic and Political: Examines the commitment to ensuring equal status and opportunity while addressing the complexities of a diverse society.
Structure and Formation of Fundamental Rights: Evaluates the crucial debate between positive and negative legal drafting of rights.
Equality: Highlights the consensus on equality and the necessity of special treatment for historically backward classes.
Judicial Backup and Confirmation of Rights: Explains the mandate of the judiciary to act as an independent protector of citizen rights.
Socio-Economic Dimension of Rights: Describes the strategic division of rights into justifiable Fundamental Rights and non-justifiable Directive Principles.
Conclusion: Summarizes the movement's evolution from a struggle against colonial restriction to the establishment of a sovereign, rights-based democracy.
Keywords
Human Rights, Freedom Struggle, Constituent Assembly, Constitution of India, Fundamental Rights, Directive Principles, Self-determination, Colonial Rule, Judiciary, Social Justice, Equality, Objectives Resolution, Minority Rights, Sovereignty, Democracy.
Frequently Asked Questions
What is the primary focus of this research paper?
The paper focuses on the historical development of human rights concepts in India leading up to the formation of the Constitution and the role the Constituent Assembly played in this process.
Which historical movement serves as the context for this analysis?
The context is the Indian freedom struggle against colonial rule, which was fundamentally driven by a demand for equality, justice, and dignity.
What is the central research question addressed by the author?
The author investigates how the aspiration for human rights during the anti-colonial struggle was transformed into a codified constitutional framework by the Constituent Assembly.
What methodology does the author utilize?
The paper uses historical and analytical methodology, reviewing colonial documents, constitutional drafts, the Objectives Resolution, and the deliberations of various subcommittees.
What specific subjects are covered in the main body of the text?
The text covers the Cabinet Mission Plan, the formation of the Advisory Committee, the debate over legal language in rights, and the distinction between Fundamental Rights and Directive Principles.
Which keywords best characterize this work?
Key terms include Human Rights, Constituent Assembly, Colonial Rule, Sovereignty, and Fundamental Rights.
How does the paper differentiate between positive and negative rights?
Positive rights mandate state action to provide conditions for rights, while negative rights strictly prohibit the state from infringing upon natural individual liberties.
Why was the judiciary granted a prominent role in the Indian Constitution?
The Assembly decided to use positive language for rights, necessitating an independent judiciary to act as a protector that could intervene if those rights were violated.
How were social and economic concerns integrated into the constitutional structure?
The Constituent Assembly divided rights into justifiable Fundamental Rights and non-justifiable Directive Principles, the latter of which address social planning goals like education and labor rights.
- Quote paper
- Surender Kumar (Author), 2018, Tracing the Existence of Human Rights in the Freedom Struggle of India, and the Role of the Constituent Assembly in the Formation and Facilitation of Human Rights, Munich, GRIN Verlag, https://www.grin.com/document/459790
