Magna Carta of India

-by Abhrajita Mondal

–Reading Time – 7 min Approx

–Edited by – Srishti Bhattacharyya

The Magna Carta, or the Magna Carta Libertatum, is the first charter that was drafted by the Archbishop of Canterbury, Stephen Langton.

It was first introduced to initiate peace between a king and a group of rebellious barons. King John at Runnymede, on 15th June 1215, enforced the Magna Carta. It is a law that guarantees law and liberties. This charter was introduced to protect the rights of barons. The law or charter protects barons from illegal imprisonment, protection, and feudal altercations. It promises swift justice. However, neither the church nor the baron followed the charter listed out. Thereby, Pope Innocent III declared it void. This led to the First Baron War.

The Magna Carta is an important symbolism for politicians even today. The American and British legal stratum consider it as a great document to fall back on in times of distress. Lord Denning defined it as the greatest document of all times.

Moreover, the UN Universal Declaration of Human Rights and the US Constitution and Bill of Rights are inspired by the Magna Carta. You can see its influence in Part III of the Indian Constitution as well.

The date 3rd February 2015 is regarded as the 800^th Anniversary of the Magna Carta. In the Indian context, we will try to find more about it. The Indian constitution has 22 parts. In this part, the Indian Constitution deals with the ‘fundamental Rights’. Articles 12 to 35 include the various rights of the citizens. Amongst them, certain rights are also claimed by the non-citizens of India. Most Indians have read this in their history and civics lessons in school. This answers which part of the Indian constitution is termed as ‘The Magna Carta of India’.

More On the Magna Carta of India:

The fundamental rights are divided into six parts –right to equality, right to freedom of speech and expression, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies. In article 32 constitutional remedies, there are five writs – Habeas Corpus, Mandamus, Certiorari, Quo Warranto, and Prohibition. Part 3 (i.e. the Magna Carta of the Indian Constitution) is important globally. It is considered the first document in history that states the rights of the common people.

Magna Carta also formed the basis of Article 21. It has evolved a lot, which allows all Indians, irrespective of gender, religion, or caste to enjoy the liberties and protections that the charter guarantees. The article grants two rights – the right to life and the right to personal liberty. Moreover, the right is available to all citizens of India.

The right to life refers to a ‘dignified living’. Some of the rights that come within the same ambit are:

• Right to live with human dignity,
• Right to the decent environment,
• Right to privacy,
• Right to shelter,
• Right to health,

There are thirty-six such rights in total. You must have heard of some of the epic judgments based on these laws. In this context, the sexual harassment of women at the workplace is considered by the Supreme Court to be the most violative of all. You can take the example of Vishakha Vs State of Rajasthan.

Right against rape is another violative form of aberration. The right to a dignified life also comes into force in the case of Euthanasia. After a person’s natural existence is slowly ebbing out, death seems to be the only future. If a patient is in a vegetative state for a long time, he or she can be euthanized.

The right to privacy is considered a ‘penumbral right’ under the Constitution. One of the prime examples of this right is the Kharak Singh v. State of U.P. case.

Magna Carta of India 1858:

On November 1, 1858, the future of British policies in India was proclaimed. It occurred in Allahabad. Lord Canning made the Royal proclamation when the Queen assumed the government here. The proclamation stated that all the treaties and engagements made between the kings and princes would be honored. Furthermore, the proclamation also stated that the government would not tolerate any encroachment on their rights either.

Lord Canning further stated that the British would respect the dignity and honor of the native princes. He also said that British offices would be open for job opportunities. Race and creed would not be taken into consideration. The Indians would get jobs under the British East India Company according to their education and qualifications. The East India Company called the document ‘Magna Carta of the People of India’. Based on this document, peace was proclaimed on July 8, 1859. The Indian army was taken under the umbrella of the British army.

Rules of the Magna Carta in the UK:

The Magna Carta or the charter was first circulated in the year 1217. The documents set out the limits of the Royals. The charter stated what the kings could do and could not do. There are altogether 63 clauses in the Magna Carta. The document does not deal with the legal system. However, it relates to the feudal customs and the various operation of the judiciary system. There are various clauses that make it important. It includes clauses on taxation, trade regulations, regulation of hunting areas, debt, the church, and peace treaties.

However, only four out of the sixty-three clauses (clauses 1, 13, 39, and 40) are still valid today. Clauses 39 and 40 are the most important.

“FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church’s elections – a right reckoned to be of the greatest necessity and importance to it – and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity”.

“The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and free customs”.

“No free man shall be seized, imprisoned, dispossessed, outlawed, exiled or ruined in any way, nor in any way proceeded against, except by the lawful judgement of his peers and the law of the land”.

“To no one will we sell, to no one will we deny or delay right or justice”. _ Quoted in original.

These clauses are valid even today. Moreover, they form the basis of principles of English law. The phrases have a universal quality. You ought to know the meanings of these clauses in detail.

The Magna Carta Clauses Explained:

• Clause 1 of the Magna Carta:

The first clause guarantees the freedom of the English Church. The clause was specifically brought into force to stop the king from interfering in the daily activities of the church. The church also had the right to elect its own leaders. Thus, the church played an important role in the establishment of the Magna Carta. The English cathedrals guard the Magna Carta ferociously.

• Clause 13 of the Magna Carta:

This clause is the most surprising of the four clauses. Under this clause, all cities and towns had the right to vote for their mayors.

• Clause 39 of the Magna Carta:

This clause established that everyone including the king had to abide by the laws. Moreover, the person on trial ought to be judged based on evidence and favoritism has no place in it.

• Clause 40 of the Magna Carta:

The last clause is the shortest, but the most significant of the four. It ensures that nobody should be deprived of their rights. And, justice would be meted out in the best possible way. However, that rarely happens today. In many parts of the world heinous crimes occur. And, victims await justice for years.

Thus, you can see how the Magna Carta is the basis of existence for human civilization in various countries. Moreover, it forms an important symbol of liberty today. It is cited by politicians and campaigners across the globe. It is also important for the development of the parliament. It is relevant to several areas of life even in the 21^st century.

-by Abhrajita Mondal

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