Why in the News?
On June 15, 1215, King John of England agreed to a seminal document called the Magna Carta, laying down principles that would help establish the foundations of modern democracies.
About Magna Carta:
- Overview: The Magna Carta, meaning “Great Charter” in Latin, was signed on June 15, 1215, at Runnymede near London by King John of England under pressure from rebel barons.
- Content: The charter originally had 63 clauses, with two of the most important being:
- Clause 39: Protection against arbitrary arrest and imprisonment.
- Clause 40: Guarantee of justice without delay or denial.
- Context: It was created in response to military defeats and excessive taxation, particularly following England’s loss at the Battle of Bouvines (1214).
- Initial Setback: Though annulled by Pope Innocent III, it was reissued multiple times, especially under King Henry III, and became part of English statutory law.
- How it dealt with the masses: Magna Carta was initially meant to protect free men—mainly land-owning nobles and barons, excluding women, serfs, and commoners.
- Radical Impact: Despite its narrow scope, historians regard it as Europe’s most radical early check on monarchical authority.
- Legal Influence: The charter influenced future legal systems, including the U.S. Constitution, Bill of Rights, and principles like habeas corpus.
- Modern Relevance: Clauses 39 and 40 remain part of UK law today.
- Significance: It is considered one of the earliest documents to limit royal power and lay the foundation for the rule of law and constitutional governance.
Magna Carta of the Indian Constitution: Part III (Fundamental Rights)
- Part III (Articles 12 to 35) of the Indian Constitution is often called the “Magna Carta of India”.
- It guarantees justiciable Fundamental Rights, protecting citizens against arbitrary state action and forming the core of Indian democracy.
- Why it’s called India’s Magna Carta?
- Historical Parallel: Like the 1215 charter, Part III limits government power and guarantees individual freedoms.
- Inspired by the U.S. Bill of Rights, it offers one of the most comprehensive rights charters in the world.
- Legal enforceability empowers courts to uphold citizens’ rights and strike down unconstitutional laws.
- Six Categories of Fundamental Rights:
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- Right to Equality (Articles 14–18): Equality before law and prohibition of discrimination.
- Right to Freedom (Articles 19–22): Freedom of speech, movement, assembly, etc.
- Right against Exploitation (Articles 23–24): Ban on forced labour and child labour.
- Right to Freedom of Religion (Articles 25–28): Freedom to practice and propagate religion.
- Cultural and Educational Rights (Articles 29–30): Rights of minorities to preserve culture and run institutions.
- Right to Constitutional Remedies (Article 32): Right to move the Supreme Court for enforcement of rights.
| [UPSC 2010] The ‘Instrument of Instructions’ contained in the Government of India Act 1935 have been incorporated in the Constitution of India in the year 1950 as:
Options: (a) Fundamental rights (b) Directive Principles of State Policy* (c) Extent of executive power of State (d) Conduct of business of the Government of India |
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