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Rights and Duties
Last Updated On: 06-Nov-2021Posted On: 06-Nov-2021
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[u][size= 10.5pt; font-family: 'Arial','sans-serif'; mso-fareast-font-family: 'Times New Roman']The Fundamental Rights and Directive Principles had their origins in the [url=https://en.wikipedia.org/wiki/India][color=windowtext]Indian[/color][/url] independence movement, which strove to achieve the values of liberty and social welfare as the goals of an independent Indian state[/size][/u][size= 10.5pt; font-family: 'Arial','sans-serif'; mso-fareast-font-family: 'Times New Roman']. The development of constitutional rights in India was inspired by historical documents such as England's Bill of Rights, the [url=https://en.wikipedia.org/wiki/United_States_Bill_of_Rights][color=windowtext]United States Bill of Rights[/color][/url] and [u]France's Declaration of the Rights of Man[/u]. The demand for civil liberties formed an important part of the Indian independence movement, with one of the objectives of the [url=https://en.wikipedia.org/wiki/Indian_National_Congress][color=windowtext]Indian National Congress[/color][/url] (INC) being to end discrimination between the [url=https://en.wikipedia.org/wiki/United_Kingdom][color=windowtext]British[/color][/url] rulers and their Indian subjects. This demand was explicitly mentioned in resolutions adopted by the INC between 1917 and 1919. The demands articulated in these resolutions included granting to Indians the rights to equality before the law, free speech, trial by juries composed at least half of Indian members, political power, and equal terms for bearing arms as British citizens.[/size]
[size= 10.5pt; font-family: 'Arial','sans-serif'; mso-fareast-font-family: 'Times New Roman']The unsatisfactory [url=https://en.wikipedia.org/wiki/Montagu%E2%80%93Chelmsford_Reforms][color=windowtext]Montagu–Chelmsford Reforms[/color][/url] of 1919, and the rise to prominence of [url=https://en.wikipedia.org/wiki/M._K._Gandhi][color=windowtext]M. K. Gandhi[/color][/url] in the Indian independence movement marked a change in the attitude of its leaders towards articulating demands for civil rights. The focus shifted from demanding equality of status between Indians and the British to assuring liberty for all Indians. The Commonwealth of India Bill, drafted by [url=https://en.wikipedia.org/wiki/Annie_Beasant][color=windowtext]Annie Beasant[/color][/url] in 1925, specifically included demands for seven fundamental rights – individual liberty, [url=https://en.wikipedia.org/wiki/Freedom_of_conscience][color=windowtext]freedom of conscience[/color][/url], free expression of opinion, [url=https://en.wikipedia.org/wiki/Freedom_of_assembly][color=windowtext]freedom of assembly[/color][/url], non-discrimination on the ground of sex, free elementary education and free use of public spaces. In 1927, the INC resolved to set up a committee to draft a "Swaraj Constitution" for India based on a declaration of rights that would provide safeguards against oppression. The 11-member committee, led by [url=https://en.wikipedia.org/wiki/Motilal_Nehru][color=windowtext]Motilal Nehru[/color][/url], was constituted in 1928. Its report made a number of recommendations, including proposing guaranteed fundamental rights to all Indians. These rights resembled those of the [url=https://en.wikipedia.org/wiki/American_Constitution][color=windowtext]American Constitution[/color][/url] and those adopted by post-war European countries, and several of them were adopted from the 1925 Bill. Several of these provisions were later replicated in various parts of the Indian Constitution, including the Fundamental Right itself to the defence of civil rights and economic freedom, with the stated objectives of putting an end to exploitation, providing social security and implementing land reforms.[/size]
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