Bill of rights
Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 5 "Rights"; Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
A bill of rights is a list of rights written into a constitution. It stops the government from breaking those rights and promises a remedy (a way to fix the wrong) if it does. It protects people from the State's own organs. It also protects them from other persons, and the State must prevent such harm. India's bill of rights is Part III of the Constitution (Arts. 12-35), often called India's Magna Carta.
Example
The idea grew from the English Bill of Rights (1689), the French Declaration (1789), the US Bill of Rights (1791) and the UDHR (1948). In India it grew from the Nehru Report (1928), the Karachi Resolution (1931) and the Sapru Committee (1945). In the Constituent Assembly, Sardar Patel chaired the Advisory Committee that shaped Part III.
Don't confuse with
- Directive Principles: a bill of rights can be enforced in court. Directive Principles guide the government but cannot be enforced in court.
Related concepts
- Fundamental rights
- Magna Carta
- Legal rights
- Constitution of South Africa
- Constitutional rights outside Part III
- Restriction of rights of armed forces
- Martial law
- Article 35
- Suspension of fundamental rights during emergency