A Comparative Analysis of the: Bill of Rights {USA} & Fundamental Rights {India}

Abstract

The Bill of Rights in the United States and the Fundamental Rights enshrined in the Indian Constitution serve as the cornerstone of civil liberties in their nations. While both frameworks aim to safeguard individual freedoms and ensure democratic governance, they somewhat differ in scope, implementation, and constitutional interpretation. This paper explores their similarities and distinctions by analyzing their historical evolution, legal framework, judicial interpretations, and impact on governance and society, as most people believe that they are the same.

Introduction

Overview

The U.S. Bill of Rights and India’s Fundamental Rights are foundational legal frameworks protecting civil liberties. While both ensure individual freedoms, the U.S. model emphasizes limiting government power (negative rights), whereas India's model balances personal liberty with socio-economic justice (positive and negative rights).

I. Origins and Historical Background

• U.S. Bill of Rights (1791): First 10 Amendments to the Constitution, influenced by documents like the Magna Carta and Virginia Declaration of Rights. Drafted by James Madison to restrict government interference.

• India’s Fundamental Rights (1950): Found in Part III (Articles 12–35) of the Constitution. Influenced by the Natural Rights doctrine and various global charters. Initially 7 rights; now 6 after the 44th Amendment removed the Right to Property.

II. Key Rights Compared

III. Judicial Interpretation and Enforcement

• U.S.:

  • Judicial review established in Marbury v. Madison (1803)

  • Rights applied to states through the 14th Amendment (incorporation doctrine)

  • Landmark case: Brown v. Board of Education (1954)

• India:

  • Supreme Court enforces rights via Article 32

  • Kesavananda Bharati v. State of Kerala (1973): "Basic Structure Doctrine" limits Parliament’s power to amend the Constitution

  • Maneka Gandhi v. Union of India (1978): Expanded interpretation of personal liberty

IV. Structural and Philosophical Differences

V. Societal Impact

• USA: Promotes individualism and limited government. Civil rights expanded through court rulings.

• India: Aims for social justice and equality, enabling affirmative action (e.g., reservations). Courts have played an active role in redefining rights.

Conclusion

Both the U.S. Bill of Rights and India’s Fundamental Rights are pillars of democratic governance, ensuring government accountability and protecting individual freedoms. However, India’s broader framework, encompassing both negative and positive rights, reflects its focus on social justice and inclusivity. While the U.S. emphasizes limited government intervention, India\'s system allows state action to correct historical injustices. Despite their differences, both systems continue to evolve through judicial interpretation, shaping their respective democracies.

References

[1] The Constitution of the United States of America. [2] The Constitution of India. [3] SCC Online® | The Surest Way To Legal Research [4] Indian Kanoon - Search engine for Indian Law [5] Legal News & Analysis on Litigation, Policy, Deals : Law360 [6] Home - Supreme Court of the United States [7] India | Westlaw Asia

Copyright

Copyright © 2025 Sankalp Goel. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.