The concept of fundamental rights can be traced back to ancient civilizations and philosophical traditions. However, in the context of modern history, the evolution of fundamental rights can be understood through various key milestones:
Magna Carta (1215): Often considered the precursor to modern human rights, the Magna Carta was a charter signed by King John of England that limited the powers of the monarchy and guaranteed certain rights to the nobles. While it primarily protected the rights of the aristocracy, it established the principle that even the king was subject to the law.
English Bill of Rights (1689): Following the Glorious Revolution in England, the English Bill of Rights was enacted. It outlined the rights of Parliament, limited the powers of the monarch, and guaranteed certain individual rights such as freedom of speech, freedom from cruel and unusual punishment, and the right to a fair trial.
American Declaration of Independence (1776) and Bill of Rights (1791): The American Declaration of Independence proclaimed the inalienable rights of life, liberty, and the pursuit of happiness. Subsequently, the Bill of Rights was added to the United States Constitution, enumerating specific fundamental rights such as freedom of speech, religion, and assembly, the right to bear arms, and protection against unreasonable searches and seizures.
French Declaration of the Rights of Man and of the Citizen (1789): The French Revolution brought about the Declaration of the Rights of Man and of the Citizen, which asserted the inherent and inalienable rights of individuals, including liberty, property, security, and resistance to oppression. It inspired similar movements for fundamental rights worldwide.
Universal Declaration of Human Rights (1948): Adopted by the United Nations General Assembly, the Universal Declaration of Human Rights (UDHR) is a landmark document that sets out a comprehensive list of fundamental human rights and freedoms. It includes civil, political, economic, social, and cultural rights, serving as a global standard for the protection of human rights.
In the Indian context, the fundamental rights were incorporated into the Constitution of India, which was adopted on January 26, 1950. Drawing inspiration from various sources, including the UDHR and the experiences of other nations, the framers of the Indian Constitution ensured the inclusion of fundamental rights in Part III to safeguard the rights and liberties of Indian citizens. These rights have since played a crucial role in shaping the democratic fabric of India.