From Magna Carta To Modernity: A Comparative Constitutional Journey

Magna Carta to Modernity is a historical study that examines the evolution of government and civil liberties from the 13^th century to the present. 1215 marks the historic beginning of the Magna Carta, which lays the groundwork for constitutional idols that will influence future generations by forcing King John of England to accept his citizens’ rights and liberties. 

It establishes the principles of law in society, from which people begin to respect and follow the law; it offers equal justice to everyone and restricts the authority of the government; and it preserves basic rights. The Magna Carta to modernity explodes the rich historical fabric and dedicates the balance between people and state that is highlighted there.

This also divides the executive and legislative branches, which aid in making laws in response to societal changes and enforcing these laws with discipline in the social norms of the government, allowing the nation to go on the path of growth and development. Nations have good ties with each other and with their citizens.

The main goal of the Magna Carta main purpose is to provide the church and the feudal aristocracy privileges. In contrast, the Indian Constitution grants a wide variety of rights and obligations, including social, economic, and cultural rights. The Carta was a brief document of 63 clauses, whereas the Indian constitution is a lengthy and elaborate document that contains 395 articles and 12 schedules. 

Evolution & Birth Of Constitutionalism: The Magna Carta

Constitutionalism is a phrase that refers to the fundamental principles of contemporary government. It refers to the idea that the country should be run in accordance with a constitution that is established to restrain governmental authority and safeguard individuals’ rights and liberties.

The  Magna Carta, the Great Charter, was first introduced by King John of England in 1215. It was a historic text that set the foundation for constitutionalism’s growth by limiting the monarch’s arbitrary authority and establishing fundamental legal principles.

The idea of constitutionalism has other consequences as well:-

• Rule of Law: The Magna Carta’s Clause (39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way except by the lawful judgement of his equals or by the law of the land.^[1]
• Taxation & permission: In this Magna Carta mandated that the king have the balance’s permission before determining the taxes. And the notion of taxation representation ended up serving as the foundation for contemporary constitutional democracies.
• Protection of property: The king’s protection of the land honours right against the arbitrary Caesar helped to establish the notion that property rights were unassailable.

Constitutionalism’s significance in the Indian context has a distinctive historical trajectory that meets constitutionalism first with the constitutional assembly, resulting in one of the most thorough constitutions in the world that came into force in 1950. The famous Indian constitution is heavily influenced by the Magna Carta and other democratic constitutions.  All people’s basic freedoms and rights are protected, and they are also shielded from the arbitrary acts of the government. It also establishes the rule of law and gives the judiciary a crucial position for conducting fair trials and rendering just verdicts. Federalism seeks to share power between the state and the centre and minimize centralized authority.

The constitutional document, such as the Magna Carta in 1215 and the English Bill of Rights in 1689, the basic goals of limiting the authority of kings and establishing the rule of law were evident. It laid the foundation for constitutionalism, which was elevated in significance during the Enlightenment in the 17^th and 18^th centuries. John Locke and the monastic school also defined ideas like individual rights, the separation of powers, and social agreements, all of which had a significant influence on the growth of constitutional thought in the nation. 

Comparing Historical Constitutions:- In The American And Indian Context

It is clear that the comparison of the historical constitutions of both India and America constructed a document that represents the specific historical situation and societal goals of their countries, so the Indian constitution, established in 1950, and the American constitution, established in 1787, can be compared, revealing the differences and similarities between both countries.

The major similarity between the constitutions of both countries is to give importance to individual freedoms and rights, and both constitutions place a high priority on upholding fundamental rights and obligations like the right to equality, freedom of speech, and protection from discrimination. However, the American constitution explicitly outlines each individual’s rights in its bills of rights, which aim to ensure that people can live their lives free from arbitrary official interference.

If I compare the two constitutions, the main difference would be that the American one established a presidential government while the Indian one has a parliamentary system. India’s parliamentary democracy is entirely built on the concept of shared accountability, with the executive branch being selected from among the legislative of the majority section. The executive and legislative parts of government are divided under the American system, which places the president in charge of both. This structural variability has an impact on how each nation uses power, which in turn impacts how governments function.

Reservations are made for historically oppressed groups like scheduled castes, scheduled tribes, and other backward classes under the Indian constitution, demonstrating the nation’s commitment to social justice and affirmative action. But there is no particular provision for any marginalized groups in the American constitution.

Instead of placing more emphasis on limited government involvement like the American system does, The interventionist role of the state in resolving social economic problems is illustrated by the directive principles of state policy embraced by the Indian constitution, which direct the government in achieving social economic goals. The main objective of a comparison is to show the similarities and distinctions between the two nations and draw lessons about how each nation may improve its political and judicial systems.

Modern Constituionalism

The foundational principles of American constitutionalism during the 19^th century included the bills of rights, which protect human rights and place limits on the power of the federal government. In the 20^th century, there was a landmark Supreme Court decision like Brown v. Board of Education, which marked a fundamental constitutional change in society in both India and America.

If I talk about the Indian constitution, which came into force in 1950 and established the federal secular and democratic Republican 20^th century, which is influenced by several documents including the American constitution, which protects the rights of minorities and provides social justice, the main body of interpreting constitution application in India is the Supreme Court, which has addressed many issues in the Indian constitution over the years.

In the middle of the 20^th century, racial partition and gender discrimination were challenged by the Civil Rights Movement, and on the other hand, the Supreme Court is the major body in the US that makes constitutional law effective. World War II demonstrated the importance of individual rights and cross-border relations between the nations, which also grew the Universal Declaration of Human Rights and other international bodies.

Role of Human Rights in Constitutionalism

It is the notion of Dialogic constitutionalism, which discusses the importance of current and relevant discussions among numerous state bearers, including legislators, judges, civil society members, and people, to interpret constitutional concepts, particularly those linked to human rights.

In the implementation of constitutional provisions, such as human rights, which significantly rely on the decisions of courts and states, which seeds the democratic constitution process by adding the boundary range of respective also. This dialogic constitutionalism encourages civil society organizations and people to actively participate in the constitutional decision-making process.

As a result of the many perspectives becoming legitimate, the order also fully safeguards human rights by striking a balance between opposing rights and interests. The judiciary also plays an important part in this since the court hears various points of view on human rights and renders reasoned decisions on them. Dialogic constitutionalism plays a significant role in public education because it raises societal understanding of constitutional ideas and human rights, which people utilize to engage in that discourse.

This dialogic constitutionalism is not a universal method, but it balances society and piques people’s interest in participating in decision-making by providing their input.

Challenges & Controversies

There are numerous controversies and issues that modern constitutionalism faces today, which generate friction between the app position of basic rights and principles, the rule of law, and defending individual rights in an unpredictable society. Here are some of the reasons for this.

Digital and online engagement is a challenge for today’s generation because of the rise of social media platforms and their main doors in spreading misinformation in this society, from which many different religious communities and groups fight with each other by posting negative comments on social media and engaging in heated debates, threatening global peace.

Another issue is the deterioration of individual privacy caused by the development of technologies like artificial intelligence and biotechnologies, which violates the right to individual privacy. Because there are many cultures from across the world inside the same legal framework, there are difficulties with cultural diversity and minorities’ rights that lead to debates and the repression of minorities in society. To tackle this issue, we must strike a balance between the rights of the majority and the rights of the minority so that everyone can experience fair treatment in society.

Global issues with migration and refugees necessitate an expansion of the constitution’s concern for personal safety in order to address them. Pandemics and down-turn-off economies are both caused by crises, so in order to balance this, we must uphold constitutional norms and improve governmental decision-making. There are many more problems, but in order to address them all, we must strike a balance between law and order in society.

Case Studies

South Africa’s democratic transition and the 1996 constitution

In this case study, the early 1990s democratic transition in South Africa was examined. The nation that is bitterly divided and provides equal rights and opportunities to all inhabitants is a wonderful case study of modern constitutionalism in which creative techniques for crafting a new constitution are used. South Africa’s 1996 constitution is regarded as one of the most progressive in the world, offering great inner and transformational potential of contemporary constitutionalism.

Carpenter v. United States

” The Court held that mobile location data is protected under the Fourth Amendment, declining to extend the “third-party doctrine” from Smith and Miller to this modern surveillance technique.[2]

 Milli Takimi Mission Bihar & Ors. V. State of Bihar & Ors.

The Supreme Court held that running a minority institution is a fundamental right and as important as other rights presented to the citizens of the nation. Refusal to give affiliation or recognition by the statutory authority without just and adequate grounds is an infringement of the right ensured under Article 30(1) of the constitution.[3]

Justice K.S. Puttaswamy  v. Union of India, 2017(10)

The ‘Right to Privacy’ has recently marked its importance in the Constitution of India, with the decision of the landmark K.S Puttaswamy case, which changed the dimensions of Article 21, or rather added a new aspect to the meaning of Life and Personal liberty.[4]

 1973’s Keshava Nanda Bharati case: the basic structural concept

This case has a special position in Indian history since it introduced the idea of basis structure and had an influence on Indian constitutional law. The landmark case judgment helped define modern constitutionalism in India.

Ram Jawaya v. State of Punjab AIR 1955 SC 549

It was held that the executive can be construed to be a part of the legislature and is accountable to it insofar as some functions are concerned. The president is only considered to be a nominal head and the real authority resides with the prime minister.^[5]

Indira Nehru Gandhi v. Raj Narain 1975 AIR 1590

The issue of whether the legislature can undertake judicial functions was addressed in the case of Indira Nehru Gandhi v. Raj Narain 1975 AIR 1590 where it was held that two important conditions need to be fulfilled by the legislature when they are performing judicial functions. Firstly, the power should be expressly provided to the parliament and second, the due process of law during discharging the function must be upheld.^[6]

Emperor vs. Burah 1877

The case of Emperor vs. Burah 1877 was the first case that interpreted and originated the concept of judicial review in India, although the Government of India Act, of 1858 and the Indian Council Act, of 1861 had imposed several restrictions on the powers of the Governor General in Council in evading laws, there was no provision of judicial review, hence Emperor Vs Burah was the first case where the concept of judicial review was recognized in India, wherein the court held that aggrieved party has a right to challenge the constitutionality of any legislative Act, which is enacted by the Governor General council exercising his power given to him by the Imperial Parliament and this was the case where the High court and Privy Council had upheld the view that Indian courts had the power of judicial review with some limitations. ^[7]

 Conclusion

The conclusion of this article is about the history of societal changes throughout centuries, from which countries developed their laws and constitutions via revisions and new policies that allowed them to emerge as developed countries. Is a pillar of legal history and the quest for the rule of law and fundamental rights. This title represents the trail of advancement that leads us to the contemporary modernity horizon. Period and how the judiciary provides justice to the people.

The major objective of government and the court in modernity is to deliver fair justice to people and to improve mankind. So we came across the origins of today’s problems, but there are still many complications in our legal system, which we must work on, and this title serves as a reminder that the imparted force of ideas never stops and spirits constantly evolve.

^Footnotes

^[1]https://www.nationalarchives.gov.uk/education/medieval/magna-carta/index.php?page=source/3/7#:~:text=(39)%20No%20free%20man%20shall,the%20law%20of%20the%20land.

[2]https://epic.org/documents/carpenter-v-united-states-2/

[3]https://blog.ipleaders.in/minority-rights-constitution-india/#:~:text=of%20Article%2030.-,Important%20case%20laws,of%20instruction%20in%20affiliated%20colleges.

[4]https://bnblegal.com/article/right-to-privacy-development-through-case-laws/#:~:text=The%20’Right%20to%20Privacy’%20has,of%20Life%20and%20Personal%20liberty.

^[5]https://blog.ipleaders.in/comparative-study-separation-power-india-usa/

^[6]https://blog.ipleaders.in/comparative-study-separation-power-india-usa/^[7]https://www.legalserviceindia.com/legal/article-7332-a-comparative-study-on-judicial-review-in-india-and-usa.html

This article has been contributed by Kulpreet Kaur, a student at Galgotias University & 4th year.