History Fundamental Rights, Directive Principles and Fundamental Duties of India

the fundamental rights , directive principles had origins in indian independence movement, strove achieve values of liberty , social welfare goals of independent indian state. development of constitutional rights in india inspired historical documents such england s bill of rights, united states bill of rights , france s declaration of rights of man. demand civil liberties formed important part of indian independence movement, 1 of objectives of indian national congress (inc) being end discrimination between british rulers , indian subjects. demand explicitly mentioned in resolutions adopted inc between 1917 , 1919. demands articulated in these resolutions included granting indians rights equality before law, free speech, trial juries composed @ least half of indian members, political power, , equal terms bearing arms british citizens.

the experiences of first world war, unsatisfactory montague-chelmsford reforms of 1919, , rise prominence of m. k. gandhi in indian independence movement marked change in attitude of leaders towards articulating demands civil rights. focus shifted demanding equality of status between indians , british assuring liberty indians. commonwealth of india bill, drafted annie beasant in 1925, included demands 7 fundamental rights – individual liberty, freedom of conscience, free expression of opinion, freedom of assembly, non-discrimination on ground of sex, free elementary education , free use of public spaces. in 1927, inc resolved set committee draft swaraj constitution india based on declaration of rights provide safeguards against oppression. 11-member committee, led motilal nehru, constituted in 1928. report made number of recommendations, including proposing guaranteed fundamental rights indians. these rights resembled of american constitution , adopted post-war european countries, , several of them adopted 1925 bill. several of these provisions later replicated in various parts of indian constitution, including fundamental rights , directive principles.

in 1931, indian national congress, @ karachi session, adopted resolution committing defence of civil rights , economic freedom, stated objectives of putting end exploitation, providing social security , implementing land reforms. other new rights proposed resolution prohibition of state titles, universal adult franchise, abolition of capital punishment , freedom of movement. drafted jawaharlal nehru, resolution, later formed basis of directive principles, placed primary responsibility of carrying out social reform on state, , marked increasing influence of socialism , gandhian philosophy on independence movement. final phase of independence movement saw reiteration of socialist principles of 1930s, along increased focus on minority rights – had become issue of major political concern then – published in sapru report in 1945. report, apart stressing on protecting rights of minorities, sought prescribe standard of conduct legislatures, government , courts .

during final stages of british raj, 1946 cabinet mission india proposed constituent assembly draft constitution india part of process of transfer of power. constituent assembly of india, composed of indirectly elected representatives british provinces , princely states, commenced proceedings in december 1946, , completed drafting constitution of india november 1949. according cabinet mission plan, assembly have advisory committee advise on nature , extent of fundamental rights, protection of minorities , administration of tribal areas. accordingly, advisory committee constituted in january 1947 64 members, , among these twelve-member sub-committee on fundamental rights appointed under chairmanship of j.b. kripalani in february 1947. sub-committee drafted fundamental rights , submitted report committee april 1947, , later month committee placed before assembly, debated , discussed rights on course of following year, adopting drafts of of them by, december 1948. drafting of fundamental rights influenced adoption of universal declaration of human rights u.n. general assembly , activities of united nations human rights commission, decisions of u.s. supreme court in interpreting bill of rights in american constitution. directive principles, drafted sub-committee on fundamental rights, expounded socialist precepts of indian independence movement, , inspired similar principles contained in irish constitution. fundamental duties later added constitution 42nd amendment in 1976.