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J . B . KRIPALANI
&
THE FUNDAMENTAL RIGHTS












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CONTENTS-


SR. NO. TOPIC PAGE NO.
1 Research Methodology 3
2 Introduction 4
3 Political Career 4
4 Constituent Assembly of India 5
5 Fundamental Rights Sub-Committee 6
6 Fundamental Rights 6
7 Conclusion 8
8 Bibliography 10

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RESEARCH METHODOLOGY-
1) AIM-
The research paper aims to learn about J.B. Kripalani and his contribution to the
Constituent Assembly. Also, to learn about the various Fundamental Rights that are
present in the Indian constitution.


2) OBJECTIVE-
The objective of the research paper is to cover the topics:
J.B.Kripalani
Constituent Assembly
Fundamental Rights Sub-Committee
Fundamental Rights


3) SIGNIFICANCE-
The Fundamental Rights are in part III of the Indian Constitution. Part III of the
Constitution is rightly described as the Magna Carta of India. The Fundamental Rights
are guaranteed by the Constitution to all persons without any discrimination. The
Fundamental Rights in Indian constitution acts as a guarantee that all Indian citizens can
and will live their lifes in peace as long as they live in Indian democracy. Hence it is
very important.

4) IMPACT-
The inclusion of the fundamental rights in the Indian Constitution has given the citizens
of India the freedom to express themselves without fear of punishment. It has also lead to
the improvement of society.

5) SOURCES-
The research for this paper was done using books, internet websites and online databases.



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INTRODUCTION-
Jivatram Bhagwandas Kripalani was born on 11 November 1888 in Hyderabad, to an upper
middle-class Hindu Kshatriya Amil family. His father, Kaka Bhagwandas was a Tahsildar in
government service.
1

It was in Sind that Jivatram completed his matriculation and moved to Bombay for further
education from the Wilson College.
2
In 1908, he completed his B.A from Fergusson College in
Pune and later took up M.A in History & Economics.
3

Kripalani was a Gandhian Socialist, environmentalist, mystic and freedom fighter, noted for his
incorruptibility and determination. He reveled in satire and spoke and wrote with biting irony
and sarcasm.
4

While remaining active in politics, Kripalani started working on social and environmental
causes. During 1972-1973, he resented the ever growing authoritarian style of Nehrus daughter
Indira Gandhi and was first to be arrested during the Emergency that was declared in 1975
following the vocal protest that was started by him.
It was in the year 1936 that Kripalani got married to Sucheta Majumdar. She also went on to
become the first Female Chief Minister of Uttar Pradesh in 1936. Acharya passed away on 19th
March, 1982 at the age of 94.
POLITICAL CAREER-
It was in 1920 that Kripalanis political career took a turn when he participated in the Non-
Cooperation Movement led by Mahatma Gandhi.
5
He was a part of the Non-Cooperation
movement until the emergency of 1970.
6
He also courted arrest on numerous occasions during
the Civil Disobedience movements and smaller occasions of organizing protests and publishing
what the British considered seditious material.
7

He got himself involved in Congress work and actively participated in Salt Satyagraha and Quit
India Movement and even went to jail on several occasions.
8
From 1934 to 1945, he served as
the General Secretary of Indian National Congress and was made the President of the party in

1
[http://www.iloveindia.com/indian-heroes/jb-kripalani.html (17/08/13, 3:02pm)]
2
Id at 1 (17/08/13, 3:07pm)
3
Id at 1 (17/08/13, 3:11pm)
4
[http://www.liveindia.com/freedomfighters/JBKripalani.html (17/08/13, 3:24pm)]
5
[http://www.iloveindia.com/indian-heroes/jb-kripalani.html (17/08/13, 3:29pm)
6
[http://www.liveindia.com/freedomfighters/JBKripalani.html (17/08/13, 3:50pm)]
7
Id at 6 (17/08/13, 4:04pm)
8
Id at 6 (17/08/13, 3:56pm)
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1946 and looked after the transfer of power during the disruptive period of partition and
independence.
9

After the assassination of Mahatma Gandhi in 1948, Kripalani resigned from the post of
President of Indian National Congress, and eventually resigned from the Congress party itself in
1951. He then started a new political party known as Krishak Majdoor Praja Party, which
eventually merged with the Socialist Party of India to form the Praja Socialist Party which he
resigned from in 1954.
10

He had grown into an experienced and well respected parliamentarian and was elected to Lok
Sabha in the years 1952, 1957, 1962, and 1967. In 1971, his parliamentary career came to an end
when nobody supported him during the elections.
11

Kripalani served in the interim Government (1946-1947) and in the Constituent Assembly of
India.
12

CONSTITUENT ASSEMBLY OF INDIA-
The Constituent Assembly was elected in July-August, 1946, in accordance with the principles
laid down in the Cabinet Mission Plan.
13
The Cabinet specifically stated that the Advisory
Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas must have proper
representation of the persons affected.
14

The Constituent Assembly held its first meeting on 9 December 1946 at New Delhi in the
Constitutional Hall under the chairmanship of Dr. Rajendra Prasad. On 13 December, 1946,
15

Pandit Jawaharlal Nehru moved the Objectives Resolution. This Resolution was unanimously
adopted by the Constituent Assembly on 22 January 1947.
16
The Constituent Assembly
appointed a drafting committee on 29 August 1947 which presented a draft constitution in
February, 1948.
17
This draft after considerable discussion and many amendments was adopted by
the Constituent Assembly on 26 November 1949 and came into force from 26 January 1950.
18

As to its composition, members were chosen by indirect election by the members of the
Provincial Legislative Assemblies, according to the scheme recommended by the Cabinet
Mission. The arrangement was: (i) 292 members were elected through the Provincial Legislative

9
Supra note 4 (17/08/13, 4:35pm)]
10
[http://www.indianpost.com/viewstamp.php/Alpha/J/J.B.%20KRIPLANI (17/08/13, 5:32pm)]
11
Supra note 4 (17/08/13, 5:45pm)]
12
Supra note 4 (17/08/13, 5:57pm)
13
PROF. C. L. ANAND, CONSTITUTIONAL LAW AND HISTORY OF GOVERNMENT OF INDIA, 71
14
Id at 13
15
Id at 13, 72
16
[http://parliamentofindia.nic.in/ls/debates/facts.htm (17/08/13, 6:00)]
17
PROF. C. L. ANAND, CONSTITUTIONAL LAW AND HISTORY OF GOVERNMENT OF INDIA, 72
18
Id at 17
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Assemblies; (ii) 93 members represented the Indian Princely States; and (iii) 4 members
represented the Chief Commissioners' Provinces.
19

At the beginning, The Constituent Assembly had 17 important committees. Acharya J. B.
Kripalani was appointed as the chairman of the fundamental rights sub-committee.
FUNDAMENTAL RIGHTS SUB COMMITTEE-
The fundamental rights were drafted by the sub-committee of the advisory committee of the
Constituent Assembly.
20
The sub-committee was appointed under the Chairmanship of J B
Kripalani on 27 February 1947.
21
The sub-committee drafted the Fundamental Rights and
submitted its report to the Committee on 16 April 1947.
22
Later that month the Committee placed
it before the Assembly, adopting the drafts of most of them by December 1948.
23

The sub-committee fully discussed various drafts submitted by its members and others before
formulating the list of Fundamental Rights.
24
Seven fundamental rights were provided by the
Constitution - right to equality, right to freedom, right against exploitation, right to freedom of
religion, cultural and educational rights, right to property and right to constitutional remedies.
25

However, the right to property was removed from Part III of the Constitution by the 44th
Amendment in 1978.
26

FUNDAMENTAL RIGHTS-
The Fundamental Rights are considered as one of the Integral part of Indian Constitution.
27
Part
III of the constitution deals with fundamental rights.
28
It carries the primary theme of dignity of
the individual, and also of the unity and integrity of the nation.
29

The Constitution guarantees certain fundamental rights to protect the individual against arbitrary
actions of the State and create conditions in which he can secure social and economic justice.
30


19
Supra note 16 (17/08/13, 6:02pm)
20
[http://www.netapedia.in/resources/fundamentalrights.php (18/08/13, 4:12pm)]
21
B. SHIVA RAO, THE FRAMING OF INDIAS CONSTITUTION VOLUME 2, 64
22
Id at 21
23
[ http://www.netapedia.in/resources/fundamentalrights.php (19/08/13, 6:45pm)]
24
[http://legal-articles.deysot.com/constitutional-law/history-of-introduction-of-fundamental-rights-in-indian-
constitution.html (18/08/13, 4:35pm)
25
P. M. BAKSHI, THE CONSTITUTION OF INDIA, b
26
Id at 25
27
[http://legal-articles.deysot.com/constitutional-law/history-of-introduction-of-fundamental-rights-in-indian-
constitution.html (19/08/13, 6:58pm)]
28
V. N. SHUKLA, CONSTITUTION OF INDIA, 24
29
Id at 28
30
(MANOJ PANDEY, ONKAR KEDIA), FUNDAMENTALS OF INDIAN CONSTITUTION, 5
7

The Fundamental Rights are defined as the basic human freedoms which every individual has a
right to enjoy for a proper and harmonious development of personality.
31
It is an interest
protected by the superior or basic law of the land.
32

All Fundamental Rights are subject to exceptions provided in the constitution itself.
33

1) Right to Equality-
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Article 14- Equality before law: The State shall not deny to any person equality
before the law or the equal protection of the laws within the territory of India.
Article 15- Prohibition of discrimination on grounds of religion, race, caste, sex
or place of birth.
Article 16- Equality of opportunity in matters of public employment.
Article 17- Abolition of untouchability.
Article 18- Abolition of titles.

2) Right to Freedom-
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Article 19- Protection of certain rights regarding freedom of speech.
Article 20- Protection in respect of conviction for offences.
Article 21- Protection of life and personal liberty: No person shall be deprived of
his life or personal liberty except according to procedure established by law.
Article 22- Protection against arrest and detention in certain cases.

3) Right against Exploitation-
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Article 23- Prohibition of traffic in human beings and forced labour.
Article 24- Prohibition of employment of children in factories. No child below
the age of fourteen years shall be employed to work in any factory or mine or
engaged in any other hazardous employment.

4) Right to Freedom of Religion-
37

Article 25- Freedom of conscience and free profession, practice and propagation
of religion.
Article 26- Freedom to manage religious affairs.
Article 27- Freedom as to payment of taxes for any particular religion.

31
Supra note 27 (19/08/13, 7:03pm)]
32
[http://www.halfmantr.com/display-polity/173-fundamental-rights-meaning-and-amendability(19/08/13,
7:11pm)]
33
Supra note 30, 9
34
Supra note 30, 5
35
Supra note 30, 6
36
Supra note 30, 7
37
Supra note 30, 7
8

Article 28- Freedom as to attendance at religious instruction or religious worship
in certain educational institutions.

5) Cultural and Educational Rights-
38

Article 29- Protection of Interests of Minorities.
Article 30- Right of minorities to establish and administer educational
institutions.

6) Right to Constitutional Remedies-
39

Article 32- Remedies for enforcement of rights conferred by the part III of the
Constitution of India.
Article 33- Power of Parliament to modify the rights conferred by this Part in
their application to Forces.
Article 34- Restriction of rights conferred by this Part while martial law is in
force in any area.
Article 35- Legislation to give effect to the provisions of this Part:
Notwithstanding anything in the Constitution.
These Fundamental Rights are in fulfillment of the pledges given to the people of India by the
National Liberation Movement knowing fully well that India was a country of perplexing
diversity.
40
They affirm in emphatic terms that India is a secular State and what she aims to
achieve in a secular democracy.
41


CONCLUSION-
J.B.Kripalanis contribution to the fundamental rights through the Fundamental Rights Sub-
Committee has been immense. The importance of the fundamental rights can be felt today in our
daily lives. The fundamental rights that are given to us are the basis for legal development and
justice. It ensures that all the citizens are treated equally and no one is discriminated. These rights
were included in the constitution because they are considered essential for the development of
the personality of every individual and to preserve human dignity. The writers of the constitution
regarded democracy of no avail if civil liberties, like freedom of speech and religion were not
recognized and protected by the State. The fundamental rights secure the true meaning of a
democracy. The Fundamental Rights in The Indian constitution acts as a guarantee that all Indian
citizens can and will live their lifes in peace as long as they live in Indian democracy. There is

38
Supra note 30, 8
39
Supra note 30, 8
40
M. V. PYLEE, CONSTITUTIONAL HISTORY OF INDIA, 150
41
Id at 40
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no will of the majority or minority. Patanjali Sastri C J said, The whole objective of part III of
the constitution is to provide protection for the freedom and rights mentioned therein against
arbitrary invasion by the State. However, these freedoms are not provided to override national
security and general welfare. Threat to national security will in turn lead to individuals rights
not being secure. Ensuring that the fundamental rights are applicable to all should be the
fundamental law of the land. Only a free society can ensure the all-round progress of its
members which ultimately helps the advancement of human welfare. Therefore, every
democracy pays special attention to securing the basic objective of ensuring fundamental rights.




















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BIBLIOGRAPHY-
A) BOOKS-
The Framing of Indias Constitution (select documents) volume 2
-B. Shiva Rao
V. N. Shuklas Constitution of India
-Mahendra P Singh
Constitutional History of India (1600-1950)
-M. V. Pylee
Fundamentals of Indian Constitution
-Manoj Pandey and Onkar Kedia
Costitutional Law and History of Government of India
-Prof. C. L. Anand
The Constitution of India
-P. M. Bakshi

B) INTERNET SITES-
http://www.iloveindia.com/indian-heroes/jb-kripalani.html
http://www.liveindia.com/freedomfighters/JBKripalani.html
http://parliamentofindia.nic.in/ls/debates/facts.htm
http://www.netapedia.in/resources/fundamentalrights.php
http://legal-articles.deysot.com/constitutional-law/history-of-introduction-of-
fundamental-rights-in-indian-constitution.html
http://www.indianpost.com/viewstamp.php/Alpha/J/J.B.%20KRIPLANI
http://www.halfmantr.com/display-polity/173-fundamental-rights-meaning-and-
amendability