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United States of America

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fundamental rights

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9.129.192
     I am proceeding along other lines of arguments which I think are substantial and are not open to any criticism. The first point I want to submit is this : that, notwithstanding the fact that the constitutional guarantees which were given in the Constitution of the United States, the United States Supreme Court itself has held that these fun...
9.129.193
     In order to meet those criticisms, I took some trouble to examine the decisions of the Supreme Court on this matter. I did so because at one time I felt that in view of the fact that the constitutional guarantees which were called fundamental rights were enunciated in the, Constitution of the United States in absolute terms without any qual...

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7.67.215
Mr. Vice-President, Sir, the right conferred by article 15 is the most fundamental of the Fundamental Rights in this Chapter, because it is the right which relates to life and personal liberty without which all other rights will be meaningless. Therefore, it is necessary that in defining this right, we must make it clear and explicit as to what ...
7.67.243
I feel that two things are necessary. We all know that the State, these days, is all-powerful. Its coercive processes extend to the utmost limits but still there is a phase of life which must be above the processes of Executive Government, and that is individual liberty. In America no such word as `personal' existed. There the word liberty alone...

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7.64.142
Sir, it is these wide considerations that were responsible for the deletion of such clauses by this august Assembly on the 30th April,1947, when Sardar Patel who was the Chairman of the Committee to report on Fundamental Rights, presented these Fundamental Rights. He moved for the deletion of all these provisos and in the discussion on the 30th ...
7.64.143
Therefore, Sir, in this august Assembly on the 30th of April 1947, after discussion in which prominent men including Mr. Munshitook part, these provisos were deleted. This departure now to re-introduce these provisions, I submit, with great respect, is a departure which is retrograde and I submit, Sir, that we ought not to allow it. My submissio...

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9.138.140
     Sir, having taken up that position, the, other thing that is necessary and essential is whether the executive of the province is to take up acquisition themselves suo motu without having any power from the Legislature. To that, clause (1) of article 24 is the answer. I entirely agree with my honourable Friend from Bihar who pleaded with al...
9.138.195
     In the minds of people who fear justiciability, there is a lurking feeling that if a law laying down principles of compensation goes to Court, the Court will invariably apply the market value standard. This has never been the case, In America, as I said, where th, words in the Constitution are "just compensation" and where the 14th Amendme...

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9.120.201
    Now if it is agreed that it is necessary to provide for the suspension of these rights during an emergency, the next question that legitimately arises for consideration is whether the power to suspend them should be vested absolutely in the President or whether they should be left to be determined by Parliament. Now having regard to what is ...
9.120.187
That is the position today in America the most democratic country. Here we have the doctrine of Parliamentary sovereignty. Therefore, the Ministry must be acting in close liaison with the Parliament. The moment they act against the wishes of the Parliament, there is an end of their power so far as the powers of the President of the United States...

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9.141.227
:Mr. President, my honourable Friend Dr. Bakhshi Tek Chand has gone over the whole ground which has been travelled at length by this House when it came to a conclusion after a very full debate and after an adjournment of the House that the expression "due process" must disappear from the article for the reasons which were then considered by the...
9.141.205
Now there was great confusion in the American courts with regard to the interpretation of this phrase in regard to property. Some Judges took the extreme view, that it protected the right of private property to the fullest extent and condemned socialistic legislation as unconstitutional. I need not go into that because that question does not con...

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7.65.40
Mr. Vice-President, Sir, there is no denying the fact that this article is the very life of the Draft Constitution. Without this article the Constitution will be a dead letter. It must also be understood that the Rights contemplated under article 13 are admittedly inalienable rights and the point involved is whether these rights can be delegated...
7.65.132
Sir, I would like to say this that the amendments proposed by my honourable Friend Dr. Ambedkar particularly to clauses (4), (5) and (6) are a great improvement on the original draft and my own view is that they do take away the lacunae that existed in the original draft. But I should like to lay emphasis on one particular amendment moved by my ...

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9.142.66
The situation in India, even if it may not be supposed to be normal, is far better than the situation in Japan. But, the House has shown its unwillingness to give our people those guarantees of liberty that the people of Japan have been provided with notwithstanding the, extraordinary situation existing there. If the article under discussion is...
9.142.64
The United States Government is today controlling the administration of Japan. A Military Commander exercises ultimate authority there. But notwithstanding the abnormal position that prevails in Japan, the Japanese people have been given in substance all those Constitutional guarantees that the people of the United States enjoy under the Consti...

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11.165.232
     : Mr. President, Sir, I would like to deal with the points raised by honourable Members in regard to the Fundamental Rights. With many of the provisions in that Part, honourable Members have been in agreement. But the attack has been focussed on two sets of provisions, one dealing with the liberty of the individual citizen, and the other d...
11.165.276
     Mr. Jefferson, a great American Constitutionalist said: "Were it left to me to decide whether we should have Government without newspapers or newspapers without Government I should not hesitate a moment to prefer the latter. But I should mean that every man should receive these papers and be capable of reading them". After the American Con...

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7.70.121
I think, Sir, the article as it has been worded is very proper, and the demand for the deletion of clause (4) is not a proper one, at the present stage of our national development; though as a matter of principle, it may be said to be correct. In America and England there are no provisions under which the fundamental rights can be suspended. In ...
7.70.122
Clause (3) empowers the Parliament to make laws to empower the local courts to decide this question. I think this is also taking away to some extent the rights conferred here. Sir, the Supreme Court is the final authority. I have in fact a very high respect for the Supreme Court. I want that the Supreme Court should be a sort of a body almost in...

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3.20.66
I was also of the same opinion as Sir AlladiKrishnaswamiAyyar, when in the party meeting I consented to the change of the present clause, but I find on reconsideration that the original clause might stand. I shall presently give the reasons. The reasons are these. Two points referred to in the clause are, one, traffic in human beings is prohibit...
3.20.65
Mr. President, going into the question as to whether there is necessity for the retention of the Explanation or not, I am quite clear in ray mind. So far as the first sub-clause is concerned, it will not preclude military conscription. In the Committee, there was a special clause inserted by Mr.Masani to the effect that there shall not be milita...

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11.161.35
As constitutions are made, they also grow. The makers of the constitution, therefore, must have a complete knowledge of the constitutional theories and practice of different ages and climes. If we look at this grand document, which in a few days time will be the Constitution of the Democratic Republic of India, it embodies the philosophy of the ...
11.161.135
Practically all the rights in article 19 are based on one fundamental provision, namely, that the various rights are subject to the existing restrictive law or laws which may be made hereafter. What change that a citizen would feel by the commencement of this Constitution? We were told that even in U.S.A. the rights are not unqualified, and for ...

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3.21.7
Then, Sir, there are a number of precedents in support of my contention. I believe the Advisory Committee had in their view the American constitution in, framing the fundamental rights. In paragraph 3 of the Report of the Advisory Committee it is stated:     "We attach great importance to the constitution making these rights justiciable The righ...
3.21.8
 If you look at Article V of the American Constitution, 1791, the, last two lines read thus:     " .... nor shall private property be taken for public use without just compensation."  

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11.163.69
The criticism in regard to Fundamental Rights has been that the exceptions strike at the very foundation of the rights. This criticism is entirely without foundation. The exceptions and qualifications introduced into the articles reproduce in statutory form the well-recognised exceptions and limitations on the Fundamentals Rights dealt with in ...
11.163.62
Closely allied with the principles underlying the articles of the Constitution dispensing with communal electorates are the provisions in the Chapter on fundamental rights that every citizen shall have equality of opportunity in matters relating to employment or appointment to any office under the State, that no citizen shall on grounds of reli...

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9.135.277
    Mr. President, Sir, the first place, I venture to state that these articles form a very well-thought-out scheme in regard to inter-State trade and commerce. This problem of inter-State trade and commerce has baffled constitutional experts in Australia, in America and in other Federal Constitutions. My Friend Dr. Ambedkar, in the scheme he h...
9.135.273
    I would like to say a word more before closing about the details mentioned in this Chapter. The reason for such detailed provision and a balancing of the interests of both the Centre and the Provinces is not one that has arisen because of a very particular whim or wish of either Dr. Ambedkar or the other Members of the Drafting Committee. It...

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9.137.396
Therefore, Sir, it is clear that our Constitution does not propose to abolish private property, as the U. S. S. R. has done in its Constitution. The U. S. S. R. has clearly abolished private property. Our society is still based on what is technically called capitalistic system of economy, meaning thereby that property is held by individuals and...
9.137.57
Laws of property have been changed from time to time. Many proprietary laws of the middle ages have been abolished without compensation. For example, when the law of slavery was abolished in America, no compensation whatsoever was paid to the slave-owners although many of them had to pay hard cash while acquiring that claim. The property of the...

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11.164.53
  At least in one aspect of this Constitution, I most categorically hold that the Fundamental Rights of meeting and forming associations should under no circumstances have been circumscribed or limited by any provisos. I would rather take my inspiration from the American Constitution in this respect where they prescribe the Fundamental Rights bo...

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7.51.175
Criticism 5. - The criticism regarding the fundamental rights was that they are hedged in by so many restrictions that no value can be attached to the rights guaranteed under the constitution. The great problem in providing for and guaranteeing fundamental rights in any constitution is whereto draw the line between personal liberty and social co...

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9.111.112
That is so far as England is concerned. In the U.S.A., from which we are product to have borrowed much-there is, provision for the suspension of only one fundamental Right though it is of the highest importance, namely, right to the writ of habeas corpus. The U.S.A. constitution provides that this right shall not be suspended unless in cases of...

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9.132.225
The Negroes in America, after more than a hundred years of fighting have not yet been fully enfranchised to the extent that a citizen in America is today, what to speak of other States wherein they are undergoing immense sufferings! We have declared at the top of our voice that every person in India, be he male or female, irrespective of class,...

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7.63.200
 I do not think that I am called upon to say anything with regard to amendments Nos. 334, 336 and 337. Such observations, therefore, as I shall make in the course of my speech will be confined to the question of residence about which there has been so much debate and the use of the word "backward" in clause (3) of article 10, My friend, Mr. T. T...

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9.109.281
There is another aspect of this matter which those who are critics of this Constitution should note, viz. that this, as a written Constitution, has got therefore all the defects, incidental to it. If we do not envisage the possibility of there being some disturbance in the future which will upset the Constitution and provide against that contin...

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7.66.106
     Sir, there is not much of a change in the amendment I am moving. But article 17(1) does not cover cases in which prisoners are asked to work, a prisoner is asked to work against his own free will. If this article is allowed to remain as it is, then the jail authorities will not be allowed to take work from the prisoners. Therefore I have me...

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3.18.171
But this definition of 1868, we are told, has been given various interpretations during the subsequent years. I would therefore request this matter to be left over for being dealt with tomorrow. It is one of the most important clauses. On the question of citizenship there have been lots of quarrels all over the world, in Jerusalem, for instance...
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