Perspective View on Fundamental Rights

Abstract

The fundamental rights were included in the Constitution of India with a lot of enthusiasm, as the American idea of the ‘Bill of Rights’ was one of the inspiring factors while the Indians were struggling against the Britishers for freedom. Even during an alien rule the Indian nationalists were making demands for inclusion of a Bill of Rights in the Government of India Act of 1935. But their demand could not get fulfilled as the concept of a written list of rights was not popular among the Britishers. They believe that the rights are created by the Parliament. Sir John Simon, the chairman of the Simon Commission opposed the idea of inclusion of a bill of rights in the constitution. He was of the view that the concept of the British Constitution implied the sovereignty of the Parliament. All rights in Britain originate therefore, from Parliament. Secondly, the necessity of fundamental rights arises only where autocracy rules.