Sources of the Indian Constitution

Sources of the Indian Constitution

Although the basic framework (skeleton) of the Constitution of India was derived from the Government of India Act, 1935, several important features were borrowed from the Constitutions of different countries. These borrowed provisions were carefully adapted to suit the Indian political and administrative system.

Government of India Act, 1935

Structural Framework

The Government of India Act, 1935 served as the Blueprint (Foundation) of the Indian Constitution. Major features adopted include:

    • Federal Structure
    • Office of the Governor
    • Emergency Provisions
    • Administrative Framework

Constitution of Britain (United Kingdom)

Parliamentary Traditions

India adopted several features from the British Constitution, including:

    • Rule of Law
    • Parliamentary System of Government
    • Law-making (Legislative) Procedure
    • Single Citizenship
    • Bicameral Legislature
    • Office of the Comptroller and Auditor General (CAG)

Constitution of the United States of America (USA)

Democratic & Constitutional Features

The following provisions were borrowed from the U.S. Constitution:

    • Independence of the Judiciary
    • Judicial Review
    • Fundamental Rights
    • Preamble
    • Impeachment/Removal Procedure of Supreme Court & High Court Judges
    • Functions of the President and Vice-President

Constitution of Canada

Federal Features

India adopted the following features from the Canadian Constitution:

    • Federal System with a Strong Centre
    • Residuary Powers vested in the Centre
    • Advisory Jurisdiction of the Supreme Court

Constitution of Ireland

Constitutional Principles

The following provisions were inspired by the Irish Constitution:

    • Directive Principles of State Policy (DPSPs)
    • Method of Presidential Election
    • Nomination of Members to the Rajya Sabha by the President

Weimar Constitution of Germany

Emergency Provisions

The following feature was borrowed from the Weimar Constitution:

    • Suspension of Fundamental Rights during a National Emergency

Constitution of Australia

Federal Legislative Features

India borrowed the following from the Australian Constitution:

    • Concurrent List
    • Freedom of Trade and Commerce

Constitution of South Africa

Constitutional Amendment & Representation

The following provisions were adopted from the South African Constitution:

    • Amendment of the Constitution by a Two-Thirds Majority in Parliament
    • Election of Rajya Sabha Members through the System of Proportional Representation

Constitution of France

Republican Ideals

The following ideals were inspired by the French Constitution:

    • Republican Form of Government
    • Principles of Liberty, Equality, and Fraternity

Constitution of the Former USSR

Social & Constitutional Values

The following features were borrowed from the Constitution of the Former USSR:

    • Fundamental Duties
    • Ideals of Social, Economic, and Political Justice reflected in the Preamble.

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