Article 20 of the Indian Constitution: An Analysis

January 10, 2024

8 Minutes

Article 20 of the Constitution of India

Introduction

Following India’s independence in 1947 against a turbulent political and religious backdrop, the initial council of ministers, featuring notable figures such as Pt Jawahar Lal Nehru, Sardar Vallabhbhai Patel, and Dr B R Ambedkar, had a formidable job – framing a constitution for the most diverse country in the world. 

After lots of talking and arguing, India adopted its Constitution on January 26, 1950 with 396 articles split into 22 parts and eight schedules. In this article, I'll shine a spotlight on Article 20, a crucial component of the constitution that safeguards citizens' rights and liberties.

A Part of Fundamental Rights

Article 20 has been included in the Part III of the Constitution of India, which are collectively called the Fundamental Rights (FRs). These rights play a pivotal role in India's democratic framework. These rights act like a strong shield, protecting people from any unfair actions by the government. They make sure the government follows the rules, treats everyone fairly, and respects the rights of each person. 

To understand how Fundamental Rights work collectively to ensure that basic rights are given to each citizen without any discrimination, let’s consider the example of Right to Education in India.

Imagine a young girl named Shreya from a modest background in India, where the fundamental right to education is recognised under Article 21-A. In this scenario:

• Access to Schools (Article 21-A): The right to education ensures that every child, including Shreya, has the opportunity to attend school. The government has implemented the Right of Children to Free and Compulsory Education (RTE) Act, making elementary education a fundamental right for children in the 6-14 age group.
• Non-Discrimination (Article 15): Fundamental rights, specifically Article 15, prohibit discrimination on various grounds, including gender. Shreya is assured that she cannot be denied admission to a school based on her gender, ensuring equal educational opportunities.
• Quality Education (Article 21-A): Article 21-A not only guarantees access to education but also emphasizes the quality of education. The government, in line with the RTE Act, is obligated to maintain standards in schools, ensuring that students, including Shreya, receive a meaningful and valuable education.
• Empowerment (Various FRs): By having access to education, Shreya is empowered with knowledge and skills. This empowerment aligns with the broader principles of individual dignity and rights enshrined in various fundamental rights, contributing to her personal development and the overall progress of Indian society.

Purpose of Article 20

Article 20 of the Indian Constitution protects individuals, who are accused of criminal offenses. It does so by ensuring they can't be punished for actions that weren't considered offenses when done. It prevents double punishment and stops people from being forced to testify against themselves. This article is a key part of ensuring fairness and justice for individuals.

Verbatim of Article 20

Article 20: Protection in respect of conviction for offenses.

(1) No person shall be convicted of any offense except for violation of the law in force at the time of the commission of the act charged as an offense, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offense.

(2) No person shall be prosecuted and punished for the same offense more than once.

(3) No person accused of any offense shall be compelled to be a witness against himself.

In essence, Article 20 underlines the delicate balance between state power and individual rights, a foundational principle within India's democratic ethos. 

Inspiration from the United States Constitution

Article 20 of the Indian Constitution draws inspiration from principles found in the United States Constitution. The U.S. Fifth Amendment, specifically its clause protecting against self-incrimination, has influenced the formulation of Article 20(3) in the Indian Constitution. Both provisions share the common foundation of ensuring that no person is compelled to be a witness against themselves in criminal proceedings. 

Additionally, the protection against Double Jeopardy in the Indian Constitution, preventing individuals from being tried or punished for the same offense multiple times, is similar to the principles present in the U.S. Constitution. The Indian framers, influenced by the commitment to individual liberties and fairness present in the U.S. legal system, incorporated similar safeguards in Article 20 to uphold the rights and dignity of those accused of crimes in India.

Understanding Article 20 of the Constitution of India

Article 20 (1)

This clause of the Article 20 ensures that individuals cannot be punished for actions that were not considered offenses under the law at the time they were committed. It upholds the principle of legality, preventing retrospective or ex-post facto laws.

Let’s understand this part through an example of Child Pornography Ban under POCSO Act 2012. Suppose the Protection of Children from Sexual Offences (POCSO) Act, which addresses various offenses against children, including child pornography, is enacted in 2012. Article 20(1) ensures that individuals cannot be penalized for creating or possessing explicit material involving minors before the enactment of this law.

For instance, if an individual had certain material in their possession before the POCSO Act came into effect, they cannot be convicted or subjected to a penalty under this law for those past actions. The law applies prospectively, and penalties are limited to those prescribed at the time the offense was committed.

Article 20 (2)

This clause, known as the Protection against Double Jeopardy, prevents individuals from being tried and punished for the same offense multiple times.

Let’s understand this clause through an example. Suppose a person, Rahul, is accused of theft and is taken to trial. After a thorough legal process, the court finds Rahul not guilty due to insufficient evidence. The principle of double jeopardy, as enshrined in Article 20(2) of the Indian Constitution, prevents the government from trying Rahul again for the same theft based on the same set of facts.

In this scenario, even if new evidence were to emerge later or if the legal system underwent changes, Rahul cannot be subjected to a second trial or punished again for the same alleged theft. The protection against double jeopardy ensures that once a person has been acquitted for a specific offense, they cannot be tried again for that same offense, safeguarding individuals from potential repeated legal proceedings and punishments.

Article 20 (3)

This clause of the Article 20 of the Indian Constitution, known as Protection Against Self-Incrimination, protects individuals from being compelled to testify against themselves during legal proceedings.

Suppose Ananya is suspected of financial fraud, and the police bring her in for questioning. During the interrogation, Ananya decides to remain silent and not answer any questions that may incriminate her. Article 20(3) protects Ananya from being compelled to be a witness against herself.

In this scenario, the police cannot force Ananya to provide potentially incriminating information. Ananya's choice to remain silent during the interrogation is within her rights, and she cannot be penalized or treated unfavorably for exercising this right. The protection against self-incrimination ensures that individuals have the freedom to avoid making statements that may later be used against them in a criminal proceeding.

Conclusion

In summary, Article 20 of the Indian Constitution defends individuals' rights by preventing punishment for past actions, avoiding double jeopardy, and ensuring the right to stay silent, promoting fairness in the legal process.

Practice Questions

Multiple Choice Questions (MCQs)

Q1: Regarding Article 20's Purpose, consider the following:

Statement 1: Article 20 ensures protection for individuals accused of criminal offenses.

Statement 2: It allows for retrospective laws, penalizing individuals for past actions.

Statement 3: Article 20 promotes double jeopardy, allowing individuals to be tried multiple times for the same offense.

Select the statements, which are true, using the code given below.

A. 1 & 2

B. 2 & 3

C. 1 & 3

D. Only 1

Answer: D

• Q2: Regarding the inspiration for Article 20, consider the following statements:

Statement 1: Article 20 of the Indian Constitution draws inspiration from the United States Constitution.

Statement 2: The U.S. Fifth Amendment's clause protecting against self-incrimination influenced the formulation of Article 20(3) in the Indian Constitution.

Statement 3: The protection against Double Jeopardy in the Indian Constitution has no parallels in the U.S. Constitution.

• Select the statements, which are true, using the code given below.

A. 1 & 2

B. 2 & 3

C. 1 & 3

D. All of the above

Answer: A

Mains Practice Question:

Examine the significance of Article 20 in the Indian Constitution, highlighting its provisions and how they safeguard the rights of individuals accused of criminal offenses. Discuss the influence of the United States Constitution on the formulation of Article 20, emphasizing its role in upholding fairness and justice in the legal system of India.

Model Answer:

Introduction

Article 20 of the Indian Constitution plays a crucial role in protecting the rights of individuals accused of criminal offenses. It consists of three key provisions aimed at ensuring fairness and justice in legal proceedings.

Provisions of Article 20

• Protection against Ex Post Facto Laws
  • Significance: Prevents retrospective criminalization.
  • Explanation: Individuals cannot be punished for actions that were not offenses when committed, ensuring fairness.
• Prohibition against Double Jeopardy
  • Significance: Safeguards against multiple prosecutions or punishments for the same offense.
  • Explanation: Upholds the principle of non bis in idem, preventing undue harassment.
• Principle against Self-Incrimination
  • Significance: Ensures individuals cannot be compelled to be witnesses against themselves.
  • Explanation: Protects the right against forced confessions, maintaining the integrity of legal proceedings.

Influence of the United States Constitution:

• Role: The formulation of Article 20 is influenced by the Fifth Amendment of the U.S. Constitution.
• Connection: Reflects in the provisions against double jeopardy and the right against self-incrimination.
• Importance: Demonstrates the commitment to fair legal practices inspired by global constitutional principles.

Conclusion

Article 20 stands as a constitutional bulwark against potential abuses of power in the criminal justice system, ensuring fair treatment for individuals accused of crimes. Its alignment with the United States Constitution reflects a commitment to global principles of justice and fairness within India's legal framework.