Fundamental Rights v292d

J . B . KRIPALANI & THE FUNDAMENTAL RIGHTS

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CONTENTS-

SR. NO.

TOPIC

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Research Methodology

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Introduction

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Political Career

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Constituent Assembly of India

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Fundamental Rights Sub-Committee

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Fundamental Rights

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Conclusion

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Bibliography

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RESEARCH METHODOLOGY1) AIMThe research paper aims to learn about J.B. Kripalani and his contribution to the Constituent Assembly. Also, to learn about the various Fundamental Rights that are present in the Indian constitution.

2) OBJECTIVEThe objective of the research paper is to cover the topics:  J.B.Kripalani  Constituent Assembly  Fundamental Rights Sub-Committee  Fundamental Rights

3) SIGNIFICANCEThe Fundamental Rights are in part III of the Indian Constitution. Part III of the Constitution is rightly described as the “Magna Carta of India”. The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination. The Fundamental Rights in Indian constitution acts as a guarantee that all Indian citizens can and will live their life’s in peace as long as they live in Indian democracy. Hence it is very important.

4) IMPACTThe inclusion of the fundamental rights in the Indian Constitution has given the citizens of India the freedom to express themselves without fear of punishment. It has also lead to the improvement of society.

5) SOURCESThe research for this paper was done using books, internet websites and online databases.

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INTRODUCTIONJivatram Bhagwandas Kripalani was born on 11 November 1888 in Hyderabad, to an upper middle-class Hindu Kshatriya Amil family. His father, Kaka Bhagwandas was a Tahsildar in government service.1 It was in Sind that Jivatram completed his matriculation and moved to Bombay for further education from the Wilson College.2 In 1908, he completed his B.A from Fergusson College in Pune and later took up M.A in History & Economics.3 Kripalani was a Gandhian Socialist, environmentalist, mystic and freedom fighter, noted for his incorruptibility and determination. He reveled in satire and spoke and wrote with biting irony and sarcasm.4 While remaining active in politics, Kripalani started working on social and environmental causes. During 1972-1973, he resented the ever growing authoritarian style of Nehru’s daughter Indira Gandhi and was first to be arrested during the Emergency that was declared in 1975 following the vocal protest that was started by him. It was in the year 1936 that Kripalani got married to Sucheta Majumdar. She also went on to become the first Female Chief Minister of Uttar Pradesh in 1936. Acharya ed away on 19th March, 1982 at the age of 94. POLITICAL CAREERIt was in 1920 that Kripalani’s political career took a turn when he participated in the NonCooperation Movement led by Mahatma Gandhi.5 He was a part of the Non-Cooperation movement until the emergency of 1970.6 He also courted arrest on numerous occasions during the Civil Disobedience movements and smaller occasions of organizing protests and publishing what the British considered seditious material.7 He got himself involved in Congress work and actively participated in Salt Satyagraha and Quit India Movement and even went to jail on several occasions.8 From 1934 to 1945, he served as the General Secretary of Indian National Congress and was made the President of the party in

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[http://www.iloveindia.com/indian-heroes/jb-kripalani.html (17/08/13, 3:02pm)] Id at 1 (17/08/13, 3:07pm) 3 Id at 1 (17/08/13, 3:11pm) 4 [http://www.liveindia.com/freedomfighters/JBKripalani.html (17/08/13, 3:24pm)] 5 [http://www.iloveindia.com/indian-heroes/jb-kripalani.html (17/08/13, 3:29pm) 6 [http://www.liveindia.com/freedomfighters/JBKripalani.html (17/08/13, 3:50pm)] 7 Id at 6 (17/08/13, 4:04pm) 8 Id at 6 (17/08/13, 3:56pm) 2

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1946 and looked after the transfer of power during the disruptive period of partition and independence.9 After the assassination of Mahatma Gandhi in 1948, Kripalani resigned from the post of President of Indian National Congress, and eventually resigned from the Congress party itself in 1951. He then started a new political party known as Krishak Majdoor Praja Party, which eventually merged with the Socialist Party of India to form the Praja Socialist Party which he resigned from in 1954.10 He had grown into an experienced and well respected parliamentarian and was elected to Lok Sabha in the years 1952, 1957, 1962, and 1967. In 1971, his parliamentary career came to an end when nobody ed him during the elections.11 Kripalani served in the interim Government (1946-1947) and in the Constituent Assembly of India.12 CONSTITUENT ASSEMBLY OF INDIAThe Constituent Assembly was elected in July-August, 1946, in accordance with the principles laid down in the Cabinet Mission Plan.13 The Cabinet specifically stated that the Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas must have proper representation of the persons affected.14 The Constituent Assembly held its first meeting on 9 December 1946 at New Delhi in the Constitutional Hall under the chairmanship of Dr. Rajendra Prasad. On 13 December, 1946,15 Pandit Jawaharlal Nehru moved the Objectives Resolution. This Resolution was unanimously adopted by the Constituent Assembly on 22 January 1947.16 The Constituent Assembly appointed a drafting committee on 29 August 1947 which presented a draft constitution in February, 1948.17 This draft after considerable discussion and many amendments was adopted by the Constituent Assembly on 26 November 1949 and came into force from 26 January 1950.18 As to its composition, were chosen by indirect election by the of the Provincial Legislative Assemblies, according to the scheme recommended by the Cabinet Mission. The arrangement was: (i) 292 were elected through the Provincial Legislative 9

Supra note 4 (17/08/13, 4:35pm)] [http://www.indianpost.com/viewstamp.php/Alpha/J/J.B.%20KRIPLANI (17/08/13, 5:32pm)] 11 Supra note 4 (17/08/13, 5:45pm)] 12 Supra note 4 (17/08/13, 5:57pm) 13 PROF. C. L. ANAND, CONSTITUTIONAL LAW AND HISTORY OF GOVERNMENT OF INDIA, 71 14 Id at 13 15 Id at 13, 72 16 [http://parliamentofindia.nic.in/ls/debates/facts.htm (17/08/13, 6:00)] 17 PROF. C. L. ANAND, CONSTITUTIONAL LAW AND HISTORY OF GOVERNMENT OF INDIA, 72 18 Id at 17 10

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Assemblies; (ii) 93 represented the Indian Princely States; and (iii) 4 represented the Chief Commissioners' Provinces.19 At the beginning, The Constituent Assembly had 17 important committees. Acharya J. B. Kripalani was appointed as the chairman of the fundamental rights sub-committee. FUNDAMENTAL RIGHTS SUB COMMITTEEThe fundamental rights were drafted by the sub-committee of the advisory committee of the Constituent Assembly.20 The sub-committee was appointed under the Chairmanship of J B Kripalani on 27 February 1947.21 The sub-committee drafted the Fundamental Rights and submitted its report to the Committee on 16 April 1947.22 Later that month the Committee placed it before the Assembly, adopting the drafts of most of them by December 1948.23 The sub-committee fully discussed various drafts submitted by its and others before formulating the list of Fundamental Rights.24 Seven fundamental rights were provided by the Constitution - right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies.25 However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.26 FUNDAMENTAL RIGHTSThe Fundamental Rights are considered as one of the Integral part of Indian Constitution.27 Part III of the constitution deals with fundamental rights.28 It carries the primary theme of dignity of the individual, and also of the unity and integrity of the nation.29 The Constitution guarantees certain fundamental rights to protect the individual against arbitrary actions of the State and create conditions in which he can secure social and economic justice.30

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Supra note 16 (17/08/13, 6:02pm) [http://www.netapedia.in/resources/fundamentalrights.php (18/08/13, 4:12pm)] 21 B. SHIVA RAO, THE FRAMING OF INDIA’S CONSTITUTION VOLUME 2, 64 22 Id at 21 23 [ http://www.netapedia.in/resources/fundamentalrights.php (19/08/13, 6:45pm)] 24 [http://legal-articles.deysot.com/constitutional-law/history-of-introduction-of-fundamental-rights-in-indianconstitution.html (18/08/13, 4:35pm) 25 P. M. BAKSHI, THE CONSTITUTION OF INDIA, b 26 Id at 25 27 [http://legal-articles.deysot.com/constitutional-law/history-of-introduction-of-fundamental-rights-in-indianconstitution.html (19/08/13, 6:58pm)] 28 V. N. SHUKLA, CONSTITUTION OF INDIA, 24 29 Id at 28 30 (MANOJ PANDEY, ONKAR KEDIA), FUNDAMENTALS OF INDIAN CONSTITUTION, 5 20

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The Fundamental Rights are defined as the basic human freedoms which every individual has a right to enjoy for a proper and harmonious development of personality.31 It is an interest protected by the superior or basic law of the land.32 All Fundamental Rights are subject to exceptions provided in the constitution itself.33 1) Right to Equality-34  Article 14- Equality before law: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.  Article 15- Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.  Article 16- Equality of opportunity in matters of public employment.  Article 17- Abolition of untouchability.  Article 18- Abolition of titles. 2) Right to Freedom-35  Article 19- Protection of certain rights regarding freedom of speech.  Article 20- Protection in respect of conviction for offences.  Article 21- Protection of life and personal liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.  Article 22- Protection against arrest and detention in certain cases. 3) Right against Exploitation-36  Article 23- Prohibition of traffic in human beings and forced labour.  Article 24- Prohibition of employment of children in factories. No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. 4) Right to Freedom of Religion-37  Article 25- Freedom of conscience and free profession, practice and propagation of religion.  Article 26- Freedom to manage religious affairs.  Article 27- Freedom as to payment of taxes for any particular religion. 31

Supra note 27 (19/08/13, 7:03pm)] [http://www.halfmantr.com/display-polity/173-fundamental-rights-meaning-and-amendability(19/08/13, 7:11pm)] 33 Supra note 30, 9 34 Supra note 30, 5 35 Supra note 30, 6 36 Supra note 30, 7 37 Supra note 30, 7 32

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Article 28- Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

5) Cultural and Educational Rights-38  Article 29- Protection of Interests of Minorities.  Article 30- Right of minorities to establish and ister educational institutions. 6) Right to Constitutional Remedies-39  Article 32- Remedies for enforcement of rights conferred by the part III of the Constitution of India.  Article 33- Power of Parliament to modify the rights conferred by this Part in their application to Forces.  Article 34- Restriction of rights conferred by this Part while martial law is in force in any area.  Article 35- Legislation to give effect to the provisions of this Part: Notwithstanding anything in the Constitution. These Fundamental Rights are in fulfillment of the pledges given to the people of India by the National Liberation Movement knowing fully well that India was a country of perplexing diversity.40 They affirm in emphatic that India is a secular State and what she aims to achieve in a secular democracy.41

CONCLUSIONJ.B.Kripalani’s contribution to the fundamental rights through the Fundamental Rights SubCommittee has been immense. The importance of the fundamental rights can be felt today in our daily lives. The fundamental rights that are given to us are the basis for legal development and justice. It ensures that all the citizens are treated equally and no one is discriminated. These rights were included in the constitution because they are considered essential for the development of the personality of every individual and to preserve human dignity. The writers of the constitution regarded democracy of no avail if civil liberties, like freedom of speech and religion were not recognized and protected by the State. The fundamental rights secure the true meaning of a democracy. The Fundamental Rights in The Indian constitution acts as a guarantee that all Indian citizens can and will live their life’s in peace as long as they live in Indian democracy. There is 38

Supra note 30, 8 Supra note 30, 8 40 M. V. PYLEE, CONSTITUTIONAL HISTORY OF INDIA, 150 41 Id at 40 39

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no will of the majority or minority. Patanjali Sastri C J said, “The whole objective of part III of the constitution is to provide protection for the freedom and rights mentioned therein against arbitrary invasion by the State.” However, these freedoms are not provided to override national security and general welfare. Threat to national security will in turn lead to individual’s rights not being secure. Ensuring that the fundamental rights are applicable to all should be the fundamental law of the land. Only a free society can ensure the all-round progress of its which ultimately helps the advancement of human welfare. Therefore, every democracy pays special attention to securing the basic objective of ensuring fundamental rights.

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BIBLIOGRAPHYA) BOOKS

The Framing of India’s Constitution (select documents) volume 2 -B. Shiva Rao

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V. N. Shukla’s Constitution of India -Mahendra P Singh

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Constitutional History of India (1600-1950) -M. V. Pylee

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Fundamentals of Indian Constitution -Manoj Pandey and Onkar Kedia

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Costitutional Law and History of Government of India -Prof. C. L. Anand

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The Constitution of India -P. M. Bakshi

B) INTERNET SITES

http://www.iloveindia.com/indian-heroes/jb-kripalani.html

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http://www.liveindia.com/freedomfighters/JBKripalani.html

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http://parliamentofindia.nic.in/ls/debates/facts.htm

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http://www.netapedia.in/resources/fundamentalrights.php

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http://legal-articles.deysot.com/constitutional-law/history-of-introduction-offundamental-rights-in-indian-constitution.html

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http://www.indianpost.com/viewstamp.php/Alpha/J/J.B.%20KRIPLANI

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http://www.halfmantr.com/display-polity/173-fundamental-rights-meaning-andamendability

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