Evolution of Concept of Fundamental Rights

The concept of Fundamental Rights in India has evolved through various historical and constitutional developments, which have shaped the present-day rights and freedoms guaranteed under the Indian Constitution of 1950. This evolution is a blend of influences from the British legal system, the U.S. Bill of Rights, and the French Revolution, alongside judicial interpretations that have gradually expanded their scope to meet changing societal needs.

1. Pre-Constitutional Phase
The pre-constitutional phase of Fundamental Rights can be traced back to the Government of India Act, 1935, which had provisions for civil liberties, but these were not enforceable in the courts. These rights were also limited in scope and did not offer the protection or remedy that modern Fundamental Rights under the Indian Constitution now do.

• Government of India Act, 1935:

  • Although the 1935 Act did provide some protection to rights (e.g., freedom of speech, protection of property, etc.), these provisions were not justiciable, i.e., citizens could not move to the courts for their enforcement.
  • The 1935 Act essentially created a system of governance but lacked the provisions necessary to enforce individual freedoms or hold the government accountable to the rights of citizens.

• Lack of Enforceability:

  • One of the main weaknesses of this Act was the absence of enforceability for rights. Fundamental Rights, as understood today, were not explicitly protected by law, and there was no judicial oversight to challenge violations by the government.

2. Post-Independence: The Constitution of India (1950)
After India gained independence in