INTRODUCTION
The Magna Carta, also known as the ‘Great Charter, was the first ever document that laid the foundation of constitutional law in the world. It laid down various principles which later o became the basis or the guiding principles of the constitutions around the world. The Magna Carta came into effect in 1215 at Runnymede as a result of the arbitrary rule of King John of England.
The Magna Carta was a direct result of the Revolt of the Barons against the arbitrary laws and policies of King John and is regarded as a historic document that laid the foundation of Human Rights and Constitutionalism. It, with time, became the foundation of the principles of Justice, Equity, and Supremacy of Law. In contemporary times, the UDHR is considered the Magna Carta of our age. It was the first declaration that recognised the fundamental rights and values of all people, everywhere. Drafted by Eleanor Roosevelt, Chair of the UN Commission on Human Rights, the UNDHR recognises its origins:‘The international Magna Carta is for all men everywhere.’[1]
It consists of a total of 63 Clauses which uphold constitutional principles such as Rule of Law, Due Process and Fair Trial, Justice for law, no arbitrariness, protection of rights, etc. Its importance lies in its principles that the ‘King can also be held accountable.’ It has served as a basis for several other documents, such as the Bill of Rights, Petition of Rights, etc.
The Magna Carta has influenced various covenants, documents, and constitutions around the world, for example-
Article 9 of the ICCPR aligns with clause 40 of the Magna Carta and due process:
“Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.’’[2]
HISTORICAL BACKGROUND-
The Magna Carta was the direct result of the tyrannical or oppressive rule of King John. His rule was marked by heavy taxes levied on the people in order to fund his wars with France and by several acts of cruelty. Further, his conflict with the Pope over the election of the Archbishop of Canterbury further declined and weakened his rule.
He misused his feudal powers by extorting a large amount of taxes. When King John came to power, he wanted to recapture the property that his family had lost to France. So, in order to fund his wars with France, he raised taxes, a common example being Scutage, in order to fund his wars.
Raising taxes made John increasingly unpopular with the English barons, whom the king relied on to assist him in governing the kingdom.[3]
This rising discontent among the people became more hyped when King John and his army lost the war against France. As a result of this, he and his army had to face a lot of humiliation from the public. The public outrage led to the Battle of Bouvines in 1214. This battle served as a major catalyst that led to the formation of Magna Carta.
MAGNA CARTA AND CONSTITUTIONAL LAW
One of the most crucial contributions of the Magna Carta has been the development of Constitutional Law, which is done in the following way-
- Rule of Law- The doctrine of Rule of Law was given by AV Dicey in ‘The Law of the Constitution’ (1885), where he defines the doctrine as the absolute supremacy of regular law over arbitrary power, ensuring no one is punished except for a distinct breach of law established in ordinary legal courts. The three elements of the rule of law, as per this definition, are-
- Supremacy of Law
- Equality before the Law
- Predominance of Legal Spirit
The Magna Carta consists within itself of these principles. While Magna Carta does not specifically state that the king is subject to the rule of all, the provisions of this document establish that principle by imposing limits on the king’s power.[4]
- Due Process and Fair Trial- Due process has an ancient history that is traceable from the Magna Carta. Clause 39 of Magna Carta states that:
“No free man shall be seized, imprisoned, dispossessed, outlawed, exiled or ruined in any way, nor in any way proceeded against, except by the lawful judgement of his peers and the law of the land.”[5]
- Justice to all– It is considered to be one of the most defining features of the democratic constitutions and was also present under Magna Carta as Clause 40, which states:
“To no one will we sell, to no one will we deny or delay right or justice.”[6]
- Individual Liberty- The Magna Carta, by ensuring that no free man is seized or imprisoned, except by the lawful judgment of his equals or by the law of the land, under clause 39, ensures that individual liberty is protected from the arbitrary interests of the state.
- Economic Freedom- Clause 12 of Magna Carta provides economic freedom to the people, which makes it necessary to form a council before imposing any new tax.
- Protection of Property Rights- Clauses 28 and 30 prohibited the king’s officials from seizing private property without immediate payment or consent. This protected individuals’ homes and goods from arbitrary confiscation. It was a crucial step in recognizing and safeguarding private property as a fundamental right.
- Freedom of Movement- The Magna Carta also provided the freedom of movement to the traders under Clause 41, which provides the merchants the right to move out of their country and to come back.
INFLUENCE OF MAGNA CARTA OVER INDIAN CONSTITUTION
The principles of Magna Carta discussed above have heavily influenced the Indian Constitution. These principles can be found in the Indian Constitution-
- Preamble[7]– The preamble of the Constitution of India clearly sets out the principles of the rule of law, emphasizing justice, equity, and freedom. It also shows similarity to Clause 40 of Magna Carta. The Preamble also ensures economic justice to all, similar to Clause 12.
- Article 14[8]– It states that every Indian shall be treated equally and have equal protection of laws, similar to the principle of the rule of law as provided under the Magna Carta.
- Article 19[9]– Article 19 of the Indian Constitution provides citizens with several freedoms, including freedom of movement and freedom to carry on a profession, which are similar to Clause 41 of the Indian Constitution.
- Article 21[10]– It provides citizens with the right to life and liberty and also upholds the principle of due process, being similar to Clause 39.
- Article 32[11] Writ of Habeas Corpus- The writ of Habeas Corpus provided under Article 32 of the Indian Constitution is similar to Clause 39 of Magna Carta.
- Article 300A[12]-It provides individuals with the right to own property and also protects their property rights, thereby being similar to Clauses 28 and 30.
Therefore, we can say that the Magna Carta has heavily influenced the Indian Constitution.
CASE LAWS-
- Maneka Gandhi vs UOI[13]–
Brief Facts- In 1977, the government confiscated Maneka Gandhi’s passport under the Passports Act, citing “public interest,” but refused to give her a reason. She challenged this, arguing her fundamental right to travel abroad was violated without a fair hearing.
In this landmark judgement the Supreme Court of India held that a mere “procedure” isn’t enough. That procedure must be “just, fair, and reasonable.” It held that while curtailing liberty under Article 21 of the Indian Constitution the procedure must be ‘just, fair and reasonable’ thereby implying the principle of Due Process as given under the Magna Carta and including the American concept of “Substantive Due Process” (which traces back to the Magna Carta) into the Indian Constitution.
It established that the state cannot act arbitrarily. If the government wants to take away your liberty, it cannot just point to a law; it must prove that the law itself is fair—mirroring the Magna Carta’s protection against the whims of a ruler.
- SP Mittal vs UOI[14]–
Brief facts- The case involved the takeover of the management of Auroville (founded by Sri Aurobindo) by the Central Government through the Auroville (Emergency Provisions) Act. The petitioners argued this violated their freedom of religion (Articles 25 and 26).
The Court explicitly linked the Indian Constitution’s DNA to the Magna Carta. It clarified that the “Rule of Law” is not just a catchphrase but a mandate that the administration must always act within the bounds of legal authority.
The case reinforces that the Indian legal system is a direct descendant of the evolutionary struggle for rights that began in 1215. It highlights that the “Rule of Law” is the idea that the law is supreme and must be applied equally.
CONCLUSION
Therefore, Magna Carta, often referred to as the Great Charter, is one of the most important charters that played a crucial role in the establishment of the present-day Constitution. It, through its various clauses like due process, rule of law, individual liberty, etc has made sure that these basic rights of individuals are protected and that the constitutions throughout the world respect and follow these principles. Therefore, it is correct to say that Magna Carta has laid down the foundation of constitutionalism.
Author(s) Name: Gauri Khandelwal (Vivekananda Institute of Professional Studies)
References:
[1] Magna Carta and Human Rights’ (Rule of Law Education Centre) https://www.ruleoflaw.org.au/magna-carta-and-human-rights/ accessed 15 January 2026
[2] Magna Carta and Human Rights’ (Rule of Law Education Centre) https://www.ruleoflaw.org.au/magna-carta-and-human-rights/ accessed 15 January 2026
[3] Parliament, ‘Magna Carta: How did Magna Carta come about?’ (UK Parliament) https://www.parliament.uk/about/living-heritage/evolutionofparliament/originsofparliament/birthofparliament/overview/magnacarta/magnacartahow/ accessed 16 January 2026.
[4] Fevzije Mejti Dauti, ‘The Legacy of Magna Carta and the Rule of Law in the Republic of Macedonia’ (2015) 11(1) SEEU Review 197.
[5] ‘Magna Carta Clauses’ (UK Parliament) https://www.parliament.uk/about/living-heritage/evolutionofparliament/originsofparliament/birthofparliament/overview/magnacarta/magnacartaclauses/ accessed 16 January 2026.
[6] ‘Magna Carta Clauses’ (UK Parliament) https://www.parliament.uk/about/living-heritage/evolutionofparliament/originsofparliament/birthofparliament/overview/magnacarta/magnacartaclauses/ accessed 16 January 2026.
[7] The Constitution of India 1950, preamble
[8] The Constitution of India 1950, art 14
[9] The Constitution of India 1950, art 19
[10] The Constitution of India 1950, art 21
[11] The Constitution of India 1950, art 32
[12] The Constitution of India 1950, art 300A
[13] Maneka Gandhi v Union of India (1978) 1 SCC 248
[14] S.P. Mittal v Union of India (1983) 1 SCC 228