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Part 3: Magna Carta of Indian Constitution.
Magna Carta Libertatum also is known as Magna Carta is a great charter first drafted by Archbishop of Canterbury Stephen Langton. It was introduced to ensure peace between the unknown king and a group of rebel barons. It was approved and forced by King John at Runnymede on 15th June 1215. In laymen language, Magna Carta can also be defined as law or constitution which guarantees law and liberties. The charter promised the protection for the barons from illegal imprisonment, protection of church rights, limitations on feudal payments to the crown, and swift justice. But neither barons nor the church stood behind their commitments and the charter was put to an end by Pope Innocent III which lead to 1st baron's war. Till today also Magna Carta is an important symbol of liberty and freedom and it is usually cited by politicians and campaigners. American and British legal communities treat it as a great document and adhere to respect to it. Lord Denning defines it as "the greatest constitutional document of all times- the foundation of the freedom of the individual against the arbitrary authority of the despot". On 3rd February 2015 for one day all 4 original 2015 charters were together displayed in the British Library on the occasion of the 800th anniversary of Magna Carta.
Constitution of India is divided into 22 parts from which part 3 deals with Fundamental Rights. Part 3 consists of Article 12 to Article 35 and ensure various rights to the citizen of India (some rights can also be claimed by non- citizen of India). Fundamental rights are divided into 6 parts that are:
- {Right to Equality – (Article 14-18)
- Right to Freedom of Speech and Expression etc. – (Article 19-22)
- Right against Exploitation – (Article 23-24)
- Right to Freedom of Religion – (Article 25-28)
- Cultural and Educational Rights – (Article 29- 30)
- Right to Constitutional Remedies – (Article 32-35)}[1]
In Article 32 constitutional remedies are defined and give the power to order or writs. There are 5 writs defined in the Article such as Habeas Corpus, Mandamus, Certiorari, Quo Warranto, and Prohibition. Part 3 is considered as Magna Carta of the Indian Constitution as the idea behind both is to ensure the rights of citizens. Magna Carta is a first-ever document in history that states the rights of people and part 3 of the Constitution also defines the fundamental rights of citizens. Hence, defining the rights of citizens make things common in both the documents.
[1] Constitution of India.
