Question

The 'Fundamental Rights' guaranteed in the Constitution of India are primarily borrowed from the constitutional framework of which country?

• A. United Kingdom
• B. United States of America
• C. Soviet Union (USSR)
• D. Ireland

Hint:

A simple memory trick is: Rights = USA Duties = USSR Directive Principles = Ireland Parliamentary System = UK

Answer 1

The Correct Option is B

Concept: While framing the Constitution, the Constituent Assembly examined several constitutions across the world and adopted many provisions that were suitable for Indian conditions. The chapter on Fundamental Rights was largely inspired by the American constitutional system, particularly the Bill of Rights.

Step 1: Understanding Fundamental Rights.
Fundamental Rights are basic rights guaranteed to all citizens and individuals to ensure liberty, equality, justice, and protection against arbitrary actions of the State. These rights are contained in: Part III of the Constitution (Articles 12 to 35) They are enforceable by courts, meaning citizens can approach the judiciary if these rights are violated.

Step 2: Why the United States is the Correct Answer.
The Constitution of the United States contains the famous

Bill of Rights, which consists of the first ten amendments guaranteeing civil liberties and individual freedoms. The Indian Constitution borrowed the idea of:

• Guaranteed fundamental rights.

• Judicial protection of those rights.

• Constitutional remedies against violations.

• Protection of civil liberties through courts.
Just as American citizens can seek judicial protection of their rights, Indian citizens can approach the Supreme Court under Article 32 and the High Courts under Article 226. Therefore, the concept and structure of Fundamental Rights were primarily inspired by the constitutional framework of the United States of America.

Step 3: Analysis of Other Options.

• United Kingdom: India borrowed the Parliamentary System, Rule of Law, Cabinet System, and Single Citizenship from Britain. However, Britain does not possess a written constitution containing a codified list of Fundamental Rights similar to India's Part III.

• Soviet Union (USSR): The Soviet Constitution influenced the inclusion of Fundamental Duties and certain socio-economic ideals. It was not the source of Fundamental Rights.

• Ireland: The Directive Principles of State Policy (DPSPs) were borrowed from the Irish Constitution. Therefore, Ireland is not the source of Fundamental Rights.

Step 4: Constitutional Borrowings at a Glance.

• USA $\rightarrow$ Fundamental Rights, Judicial Review, Independence of Judiciary.

• UK $\rightarrow$ Parliamentary Government, Rule of Law.

• Ireland $\rightarrow$ Directive Principles of State Policy.

• USSR $\rightarrow$ Fundamental Duties.
Hence, the country from which the Fundamental Rights were primarily borrowed is the

United States of America.