The Rising Sun in the Indian Constitution: How Japan Shaped the Core of Our Fundamental Rights
- EXPERIENCE JAPAN
- 3 days ago
- 3 min read
Happy 77th Republic Day to all our readers!
As the tricolor unfurls across the nation today, we celebrate the spirit of democracy and the magnificent document that governs us: The Constitution of India. While we often hear about the influences of the United Kingdom, the USA, or Ireland on our Constitution, there is a profound and vital "East Asian connection" that is rarely discussed in mainstream circles.
Today, Experience Japan (E-J) takes you back to 1947 to explore how the Japanese Constitution provided the legal phrasing for India’s most sacred right—the Right to Life and Personal Liberty.
The Japanese Link: Article 21 in Indian Constitution
If you open the Constitution of India, Article 21 reads:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Those four words—“procedure established by law”—are the direct contribution of Japan. They were borrowed from Article 31 of the Japanese Constitution (1947), which states: “No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.”
The Backstory: A Meeting of Legal Giants
The inclusion of this phrase wasn’t an accident; it was the result of a high-level diplomatic and legal consultation.
During the drafting process, Sir B.N. Rau, the Constitutional Advisor to the Drafting Committee, traveled to the United States. There, he met with Justice Felix Frankfurter of the U.S. Supreme Court.
At the time, the Indian drafters were considering using the American phrase “Due process of law.” However, Justice Frankfurter cautioned Rau against it. He warned that "due process" gave the judiciary too much power to strike down social reform legislation—something India, a young nation looking to implement land reforms and poverty alleviation, could not afford to risk at the time.
Seeking a middle ground that protected individual liberty while allowing the state to function effectively, Rau looked toward the newly enacted Japanese Constitution. He found that the Japanese phrasing was more precise and balanced for India's unique needs.
Evolution: From Japan to India’s Supreme Court
For several decades, Indian courts interpreted this "Japanese-inspired" phrase literally. It meant that as long as the Parliament followed the correct steps to pass a law, the court would not question the "fairness" of that law.
However, in the landmark Maneka Gandhi vs. Union of India (1978) case, the Supreme Court of India evolved this concept. The Court ruled that the "procedure" must not be arbitrary, unfair, or oppressive; it must be "just, fair, and reasonable."
In doing so, India effectively merged the Japanese precision of "Procedure established by law" with the American spirit of "Due Process," creating a robust legal shield for every Indian citizen.
A Shared Democratic Legacy
The fact that India looked toward Japan while drafting its supreme law highlights the deep-rooted mutual respect between the two nations. It serves as a reminder that our democracy is not just a product of Western thought, but a global synthesis of the best legal minds.
As we celebrate Republic Day 2026, we acknowledge this unique thread that binds the Indian and Japanese democracies together.
Conclusion At Experience Japan, we believe that understanding these historical ties strengthens our bilateral bond. Article 21 remains the heart of our Constitution, and its Japanese origins are a testament to the "Beautiful Patchwork" that makes India the diverse, democratic powerhouse it is today.
Jai Hind! Happy Republic Day!
Experience Japan
References & Further Reading (For Verification):
The Constitution of India, Article 21.
The Constitution of Japan (1947), Article 31.
Austin, Granville (1966). The Indian Constitution: Cornerstone of a Nation.
Shiva Rao, B. (1967). The Framing of India’s Constitution: A Study.
Supreme Court of India: Maneka Gandhi v. Union of India (1978) SCR (2) 621.
