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Question

The fundamental rights have been taken from the “Fundamental Rights” of which of the following Constitutions?

This question was previously asked in
SSC Stenographer 2022 Previous Year Paper (17-Nov-2022) (Shift 2)
The correct answer is

United States of America

Understanding Fundamental Rights in India

Fundamental Rights are a cornerstone of the Indian Constitution, protecting the basic civil liberties and rights of the people of India. These rights are considered fundamental because they are essential for the all-round development of individuals and are enforceable by the courts. They are enshrined in Part III of the Constitution of India, from Articles 12 to 35.

Origin and Inspiration of Fundamental Rights

The architects of the Indian Constitution carefully studied the constitutions of various countries around the world to borrow features that would best suit India's needs and aspirations. The concept of Fundamental Rights was one such important feature that was inspired by the constitutional framework of another nation.

The idea of having a set of guaranteed rights that the state cannot violate is a significant aspect of modern democratic constitutions. In the context of the Indian Constitution, the inspiration for incorporating a detailed chapter on Fundamental Rights came primarily from the Constitution of the United States of America.

The Influence of the US Bill of Rights

The United States Constitution's first ten amendments, collectively known as the Bill of Rights, guarantee various individual freedoms and rights, such as freedom of speech, religion, and the right to a fair trial. This Bill of Rights served as a major source of inspiration for the Fundamental Rights included in the Indian Constitution. The Indian Fundamental Rights are more elaborate and comprehensive than the US Bill of Rights, but the underlying principle of having a chapter of judicially enforceable rights against the state was drawn from the US model.

Comparing Influences from Other Constitutions

While the Fundamental Rights were significantly influenced by the USA, the Indian Constitution is a blend of many different constitutional sources. Here's a brief look at what was taken from other options provided:

Country Key Features Borrowed by India
The UK Parliamentary form of government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs.
Germany (Weimar Constitution) Suspension of Fundamental Rights during Emergency.
United States of America Fundamental Rights, Judicial Review, Independence of Judiciary, Preamble, Impeachment of the President, Removal of Supreme Court and High Court judges, Post of Vice-President.
Australia Concurrent List, Freedom of trade, commerce and intercourse, Joint sitting of the two Houses of Parliament.

From the comparison above, it is clear that the Fundamental Rights section of the Indian Constitution was significantly inspired by the United States of America's Constitution, particularly its Bill of Rights.

Conclusion on Fundamental Rights Origin

Therefore, the fundamental rights incorporated in the Constitution of India were primarily taken from the “Fundamental Rights” section, or more accurately, the Bill of Rights, of the Constitution of the United States of America.

Revision Table: Key Constitutional Borrowings

Feature Source Constitution
Fundamental Rights United States of America
Parliamentary System The UK
Judicial Review United States of America
Concurrent List Australia
Emergency Provisions (suspension of FR) Germany

Additional Information: Significance of Fundamental Rights

Fundamental Rights are crucial for the protection of individual liberty and the establishment of a democratic society in India. They are justiciable, meaning citizens can approach the Supreme Court or High Courts if their Fundamental Rights are violated. These rights act as limitations on the powers of the state and are considered the basic human rights essential for every citizen.

While inspired by other constitutions, the Fundamental Rights in India were adapted and expanded upon to suit the specific social, political, and historical context of the country. They include rights like the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and the Right to Constitutional Remedies.

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Important Questions from Fundamental Rights

  1. Which of the following are related to Right to Equality under the provisions of Articles 14 - 18 of the Constitution of India?

    1. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

    2. Equality of opportunity in matters of public employment

    3. Educational and cultural rights to minorities

    4. Abolition of untouchability

    Select the correct answer using the code given below:

  2. Which of the following statements is correct?

    I. The Ninth Schedule was added to the Indian Constitution by the first amendment.

    II. The Supreme Court is the custodian of the fundamental rights of the Indian Constitution.

  3. Which of the following is not an instance of an exercise of a fundamental right?

  4. Which of the following fundamental rights is violated by the condition of a 13-year-old child working in a carpet manufacturing factory?

  5. Identify the incorrect pair of Right and the related Fundamental Right in the Indian Consitution:

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