Magna Carta Of India

The Magna Carta, also known as the "Great Charter," is a historical document signed in 1215 by King John of England and it was signed in 1215 with the intention of putting a check on the king's powers and safeguarding the subjects' privileges. Magna Carta was agreed upon by King John of England, who was a cruel monarch resorting to tyranny through illegitimate actions and high-taxed policies. A group of barons ousted him and compelled him to agree to the Magna Carta that assured justice to the citizens.

Such norms of justice included:

• End of tyranny: This treaty made the king accountable to his subjects for the first time
• Equality before the law: Every citizen was considered equal through this treaty.
• Protection of individual liberties: This treaty ensured personal freedom, property rights, and justice.

Importance Of The Magna Carta

• Taxation: The king can no longer impose taxes arbitrarily.
• Fair Trial: All citizens shall be given the right to a fair trial.
• Property Rights: Personal property rights shall be protected.
• Free Elections: Elections cannot be interfered with.

Contents Of Magna Carta

• The king could no longer interfere in the church's affairs, and clergy rights were protected.
• The king could no longer impose arbitrary taxes and declare arbitrary imprisonment.
• The convicts got the right to fast trial
• Justice was ensured to everyone, irrespective of social status.
• After the Magna Carta, the king could no longer seize property without due cause.
• A council of Barons checked the king's actions and ensured the charter was correctly enforced.
• It regulated feudal customs and the operation of the justice system.
• It addressed issues related to trade, taxes, and the royal forests.

Significance Of Magna Carta

Magna Carta can be considered as the stepping stone of modern democracy. The idea of constitutionalism itself has its roots in Magna Carta. The concepts and provisions introduced in the treaty have inspired multiple constitutions of various countries at varied levels. Besides, Magna Carta laid the foundations of legal system evolution worldwide.

Impact Of Different Countries Like the USA & UK

Magna Carta's emphasis on individual rights and limited government inspired the drafting of the Declaration of Independence.

• USA: Certain provisions of the US Constitution, like trial by jury and the right to own property, carry the essence of Magna Carta.
• UK: The Magna Carta inspired the Petition of Rights and the English Bill of Rights.

Significance Of Magna Carta On The Indian Constitution

1. Similar to the provision of the Magna Carta, the Indian constitution establishes that no one is above the law, including government and officials.
2. The Indian constitution avoids concentrating power in a single entity by dividing it between the legislature, executive, and judiciary. The Magna Carta's limitation of the king's power inspired this provision.
3. The Indian Constitution provides fundamental rights to its citizens, such as freedom of speech and the Right to equality. This was again inspired by the Magna Carta's provision guaranteeing individuals the Right to free trial, the Right to property, and Protection from arbitrary imprisonment.
4. This provision of the Indian constitution was inspired by the provision that limited the king's power in the Magna Carta.
5. The judicial law that upholds the Indian government also protects and enshrines fundamental rights such as freedom of speech and the right to equality for its citizens. This has been again inspired by the provision of the Magna Carta, which states that an individual has the right to a free trial, the right to own property and no arbitrary detention.

Fundamental Rights Of The Indian Constitution

The Fundamental Rights of the Indian Constitution is a set of basic legal protections that guarantee individual freedoms and ensure justice, equality, and dignity for all citizens.

Right to Equality- Article 14-18

• Equality before the law
• Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
• Equal opportunity in matters of public employment
• Abolition of untouchability

Right to Freedom-Article 19

• Freedom of speech and expression
• Freedom of assembly
• Freedom of association
• Freedom of movement
• Freedom of residence
• Freedom to practise any profession or occupation

Other rights include Protection in the conviction of offences under Article 20, the Right to life & liberty under Article 21, and Protection against arrest & detention under Article 22.

Right Against Exploitation- Article 23-24

• Prohibition of traffic in human beings and forced labour
• Prohibition of employment of children in hazardous activities

Right to Freedom of Religion- Article 25-28

• Freedom of conscience and free profession, practice, and propagation of religion
• Freedom to manage religious affairs
• Freedom from payment of taxes for the promotion of any particular religion
• Freedom from attendance at religious instruction

Also Read : Right To Freedom of Religion

Cultural and Educational Rights- Articles 29-30

• Protection of interests of minorities to conserve their culture, language, and script
• Right of minorities to establish and administer educational institutions

Also Read : Cultural and Educational Rights in India

Right to Constitutional Remedies- Article 32

• Right to move the Supreme Court for enforcement of Fundamental Rights
• Right to seek remedies like habeas corpus, mandamus, certiorari, Quo warranto, and prohibition

The Comparison Between The Fundamental Rights Of The Indian Constitution And The Magna Carta

The provisions relating to fundamental rights listed in part III of the Indian constitution are considered to be more comprehensive and detailed than any of the basic rights contained in other countries' constitutions. Magna Carta and the Indian constitution have one feature in common, and that is the supremacy of law. The Constitution does not segregate and makes everyone equal under the law. These ideas are akin to provisions in the Magna Carta, and therefore, part III of the Indian constitution is also known as the Magna Carta.

Key FAQs About The Magna Carta

The Magna Carta, signed in 1215, is a key document that has influenced global legal systems. Here are some of the most frequently asked questions about it.

Q1. What is Magna Carta, and why is it important?

The Magna Carta, signed in 1215, is a historic document that limited the power of the monarchy and established foundational principles of law, equality, and individual rights.

Q2. What are the key principles of Magna Carta?

The Magna Carta introduced principles such as the rule of law, protection of individual liberties, equality before the law, and the king’s accountability to his subjects.

Q3. How did Magna Carta influence modern constitutional law?

The Magna Carta laid the groundwork for the development of constitutional law and inspired future legal frameworks, including the United States Constitution and the Universal Declaration of Human Rights.

Q4. What rights did the Magna Carta guarantee?

The Magna Carta guaranteed fundamental rights such as protection against unlawful imprisonment, access to fair trials, and safeguarding of property rights.

Q5. Is Magna Carta still relevant today?

While most of its clauses have been repealed, Magna Carta’s core principles continue to influence modern legal systems, especially the concepts of liberty, justice, and the rule of law.