Question:
Fundamental Rights have been taken from ____ constitution.
Fundamental Rights have been taken from ____ constitution.
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When studying the Indian Constitution, focus on the borrowed features from other countries' constitutions, such as the American model for Fundamental Rights.
Updated On: Apr 21, 2025
- French Constitution
- German Constitution
- American Constitution
- Australian Constitution
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The Correct Option is C
Solution and Explanation
Fundamental Rights in the Indian Constitution have been taken from the American Constitution. The idea of a Bill of Rights was inspired by the U.S. Constitution, which ensures civil liberties.
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- The Supreme Court of India declared that the right to privacy is a fundamental right and that the right to informational privacy is part of this right. Subsequently, the Parliament of India enacted a new law relating to digital personal data protection. The law applies to Indian residents and businesses collecting the data of Indian residents. It also applies to non-citizens living in India whose data processing is "in connection with any activity related to the offering of goods or services" that happens outside India. The law allows personal data to be processed for any lawful purpose. If the personal data is sensitive, then additional safeguards are to be observed. The entity processing data can do so either by taking the concerned individual's consent or for "legitimate uses". which include situations where an individual has voluntarily provided personal data for a specified purpose. The law requires that an individual's consent must be "free, specific, informed, unconditional and unambiguous with a clear affirmative action" and for a specific purpose. The data collected has to be limited to that necessary for the specified purpose. A clear notice containing these details has to be provided to consumers, including the rights of the concerned individual and the grievance redressal mechanism. Individuals have the right to withdraw consent if consent is the ground on which data is being processed. The law also creates rights and obligations for individuals. These include the right to get a summary of all the collected data and to know the identities of all other entities/organisations with whom the personal data has been shared, along with a description of the data shared. Individuals also have the right to correction. completion, updating, and erasure of their data. Besides, they have a right to obtain redressal for their grievances and a right to nominate persons who will receive their data. [Excerpts from Anirudh Burman, "Understanding India's New Data Protection Law", CARNEGIE INDIA, October 03, 2023]
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The Guild added: “Editors Guild of India would like the proposed bill to ensure that publishing of news in India remains free of encumbrances and intrusive checks on publishers by the Registrar, and that the primary emphasis of the Registrar and the PRP remains ‘registration’ and not ‘regulation’, as the latter has the potential of restricting freedom of the press.”
“In the definitions section, the term ‘specified authority’ gives power to government agencies beyond the Press Registrar, to conduct the functions of the Registrar, which could even include police and other law enforcement agencies. Given the intrusive, expansive, and vague nature of powers that the bill in any case allows to the Press Registrar, the power to further delegate this power to other government agencies including law enforcement agencies is deeply distressing,” the Guild said.
The statement says sections 4(1) and 11(4) allow the Registrar to deny the right to bring out a periodical and cancel the certificate of registration of a periodical to persons convicted of “terrorist act or unlawful activity” or “for having done anything against the security of the State”.
“Interestingly, the PRB Act, 1867, had no such provisions. Given the liberal and arbitrary use of UAPA (which is the basis for defining ‘terrorist act’ and ‘unlawful activity’), as well as other criminal laws, including sedition, against journalists and media organisations to suppress freedom of speech, the Guild is deeply concerned by the introduction of these new provisions, and the way they can be misused to deny the right to bring out news publications to persons who are critical of governments,” it said.
Among the other worrisome provisions listed by the Guild is Section 6(b), which gives power to the Press Registrar (as well as any other “specified authority”) to enter the premises of a periodical to “inspect or take copies of the relevant records or documents or ask any questions necessary for obtaining any information required to be furnished”
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