Sources of Indian Constitution

Sources of Indian Constitution

Indian Constitution came into existence on 26th November 1949. The Constituent Assembly of India drafted the constitution considering features of constitutions of the other countries as well as from the Government of India Act 1935. There are various sources of Indian constitution for some features of it are borrowed. Sources of Indian Constitution are:

Indian Constitution has absorbed those features from other nations’ constitutions that suited Indian problems and aspirations. Constituent Assembly took the best of features from everywhere and made them its own.

Our constitution has features taken from the Government of India Act, 1935. Those features are:

  • Federal Scheme
  • Office of governor
  • Judiciary
  • Public Service Commissions
  • Emergency provisions
  • Administrative details

Sources of the Indian Constitution – Features Borrowed

The other borrowed provisions from different countries and details of those are given in the table below:

S.NoCountriesBorrowed Features of Indian Constitution
1.AustraliaConcurrent list, Freedom of trade, commerce and intercourse, Joint-sitting of the two Houses of Parliament
2.CanadaFederation with a strong Centre, Vesting of residuary powers in the Centre, Appointment of state governors by the Centre, Advisory jurisdiction of the Supreme Court
3.IrelandDirective Principles of State Policy, Nomination of members to Rajya Sabha Method of election of the president
4.JapanProcedure Established by law
5.Soviet Union (USSR) (now, Russia)Fundamental dutiesIdeals of justice (social, economic and political) in the Preamble
6.UKParliamentary governmentRule of LawLegislative procedureSingle CitizenshipCabinet systemPrerogative writsParliamentary privilegesBicameralism
7.USFundamental rights, Independence of judiciary, Judicial review, Impeachment of the president, Removal of Supreme Court and High Court judges Post of vice-president
8.Germany (Weimar)Suspension of Fundamental Rights during emergency
9.South AfricaProcedure for amendment in the Indian Constitution, Election of members of Rajya Sabha
10.FranceRepublicIdeals of liberty, equality and fraternity in the Preamble

Sources of Indian Constitution:

Is Indian Constitution a Borrowed Bag?

Indian Constitution is a unique document drafted after a hard work of three years of the constituent assembly. Though some features of the Indian constitution are borrowed from other nations, it is still wrong to say that it is a bag of borrowing.

Reasons to not call the Indian Constitution a bag of borrowing are given below:

  • There are various provisions borrowed from other nations but they are absorbed in the Indian Constitution to suit its polity and governance. They are not exactly copied.
  • Indian Constitution is the most detailed constitution of the world. Where the American Constitution has only seven articles, Australian Constitution 128 articles, Indian Constitution originally consisted of 395 articles which have now increased to 448 articles.
  • Indian Constitution is unique in its content and spirit.
  • It is drafted considering the historical perspective of Indian Nationalist struggles, the geographical diversity of India, and its traditional and characteristics which are totally different from any other nation.

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