Sources of Indian Constitution, Features Borrowed List, Important

Sources of Indian Constitution: The Indian Constitution is a dynamic framework that governs how our government operates. The Sources of Indian Constitution is inspired from various global constitutions but stands out with its unique characteristics. It’s an extensive document, spanning over 6,000 pages, making it one of the most detailed constitutions worldwide. Within its contents lie 12 schedules and 470 articles, reflecting a comprehensive set of laws and regulations.

Several factors contribute to its vastness. Primarily, around 70% of its content is influenced by the Government of India Act, 1935, a substantial legal framework in itself. Moreover, the geographical diversity of India necessitates a single constitution accommodating both the central and state governance.

Sources of Indian Constitution

The Indian Constitution has been shaped by various influences, like the Government of India Act 1935 and constitutions of other countries such as France, Ireland, Russia, Australia, and more. It’s the backbone of our democracy, ensuring our rights to live freely in a democratic society. Created on November 26, 1949, the drafting committee incorporated key elements from other constitutions, considering our nation’s progress.

Some examples include:

• The Vice President’s role, an independent Judiciary, the removal process for judges, and fundamental rights were inspired by the US Constitution.
• Fundamental Duties were derived from the Russian Constitution.
• The principles of liberty, equality, and fraternity were adopted from the French constitution.

In total, there are 11 Sources of Indian Constitution. Over half of its features were taken from the Government of India Act 1935. You can explore the complete list of Borrowed Features of Indian Constitution in this article.

Borrowed Features of Indian Constitution

The Indian Constitution has taken many ideas from different places. Dr. BR Ambedkar said that it was made by looking at many other countries’ rules. Even though it borrowed ideas, the Indian Constitution is special because it explains how India’s government works.

The main base for our Constitution is the Government of India Act in 1935. It gave the structure and plan for our Constitution. Some ideas about beliefs and values in the Constitution come from America and Ireland. The political part, about how the government works, comes from the British Constitution. This includes things like how the Cabinet works and how the leaders and the law-making group work together.

Sources of Indian Constitution PDF

The Indian Constitution took three years to create, with the Constituent Assembly working hard to form a set of rules ensuring fairness for all citizens.It was shaped using inputs from the Government of India Act 1935 and other countries’ constitutions. Adopted on November 26, 1949, it established the powers of the government branches: executive, judiciary, and legislative.

However, it officially commenced on January 26, 1950. Dr. B.R. Ambedkar, leading the drafting committee, is hailed as the main architect behind this significant document for India.

Sources of Indian Constitution Timeline

In 1934, M.N. Roy, an Indian activist, first suggested the idea of creating a constituent assembly for India. By 1940, the Indian National Congress officially embraced the idea for the country’s future after gaining independence.

In 1946, the Cabinet Mission Plan proposed forming a constituent assembly to craft India’s constitution. Between 1946 and 1947, members of this assembly were indirectly elected by provincial legislatures and nominated by princely states.

On August 15, 1947, India gained independence from British rule. Shortly after, on December 9, 1946, the constituent assembly convened for the first time with Dr. Rajendra Prasad chosen as its president.

By August 29, 1947, the assembly formed a drafting committee, led by Dr. B.R. Ambedkar, to prepare the draft constitution. Finally, on November 26, 1949, the constituent assembly adopted the final version of the Constitution of India.

On January 26, 1950, the Constitution of India officially came into effect, marking India’s status as a sovereign democratic republic. That same day, Dr. Rajendra Prasad was sworn in as the first President of India, and the Indian National Congress adopted the Indian tricolor flag as the national flag of India.

Sources of Indian Constitution List

The Indian Constitution, like a treasure chest, gathered valuable ideas from various countries. Sources of Indian Constitution are like France, Australia, Ireland, South Africa, and the USSR. For instance, the rights we cherish in our Constitution were inspired by the United States Constitution. Here’s a table that showcases where the Indian Constitution drew its different parts from, highlighting the special features it borrowed from other countries:

Government of India Act 1935 Sources

The Government of India Act, a significant historical legislation, was passed by the British Government and stood as one of the lengthiest acts with 321 sections and 10 schedules. Many aspects of the Indian Constitution find their roots in this Act from 1935.

Some key elements adopted from the Government of India Act of 1935 encompass:

• Administrative specifics
• Emergency measures
• Public Service Commissions
• Judiciary system
• Role of the Governor’s office
• Federal Structure

Borrowed Features of Indian Constitution from Other Countries

The Indian Constitution has borrowed some of its key aspects from various other countries. These countries include Australia, Canada, Ireland, Japan, Russia (formerly known as the Soviet Union), the United Kingdom, the United States, Germany (specifically the Weimar Republic), South Africa, and France. Each of these nations contributed specific elements to the Indian Constitution. Let’s explore sources of Indian constitution adapted from these countries and understand a bit about these borrowed features.

Indian Constitution Borrowed From Constitution of France

France became more stable after its revolution. India’s Constitution took inspiration from the French Constitution, including ideas like brotherhood, fairness, and freedom. By embracing these principles, India was acknowledged as a republic.

Indian Constitution Adopted From Constitution of United Kingdom

The Indian Constitution took inspiration from the United Kingdom in several ways:

• Parliamentary System: India adopted a system where the government is led by ministers, with the Prime Minister at the helm, while the President serves as the head of the state.
• Rule of Law: This means that the law governs the nation, ensuring equality for everyone, as specified in Article 14 of the Indian Constitution.
• Writs: Indian high courts and the supreme court have the power to issue writs, ensuring that all citizens have the Right to Constitutional Remedies. There are five types of writs – Mandamus, Certiorari, Prohibition, Habeas Corpus, and Quo-Warranto.
• Single Citizenship: India follows the concept of single citizenship, granting civil and political rights to individuals born or migrated to the country, without holding citizenship in multiple countries simultaneously.

Indian Constitution Borrowed From USA

The features that are borrowed from the Constitution of the United States of America are:

Judicial Review

In India, the Judiciary holds the authority to interpret the Constitution. This means that if a decision made by the executive or legislative branches contradicts the Indian Constitution, the Judiciary can invalidate that decision.

Fundamental Rights

The rights of Indian citizens are outlined in Article 12 to Article 32 of the Constitution. These encompass six fundamental rights: the Right to Freedom, Right to Equality, Right to Freedom of Religion, Cultural and Educational Rights, Right against Exploitation, and Right to Constitutional Remedies.

Removal of Judges and Impeachment of the President

According to Article 124(4) of the Indian Constitution, judges can be removed from their positions as per the Judges Inquiry Act of 1968. Additionally, the process of impeaching the Indian President is detailed in Article 61 of the Constitution.

Indian Constitution Borrowed From Canada

The Indian Constitution has taken inspiration from the Canadian Constitution in several key ways:

• The central government appoints state governors.
• India follows a federal structure where the central government holds significant authority.
• The Supreme Court has advisory powers to guide and provide counsel.
• Residual powers, those not specifically assigned, are held by the central government.

Indian Constitution Borrowed From Australia

The Indian Constitution took ideas about trade and business freedom from Australia’s Constitution. Articles 301 to 307 in India’s Constitution talk about how trade can happen between different states and within the country. These articles also follow some ideas from Australia’s Constitution about things that both the central and state governments can work on together.

Indian Constitution Borrowed From Ireland

The Directive Principles of State Policy (DPSP) in India’s Constitution drew inspiration from Ireland’s Constitution and are mentioned in Part 4. They guide the state in creating laws and policies. These principles are grouped into three main categories:

• Liberal Intellectual Directives
• Gandhian Directives
• Socialist Directives

Indian Constitution Borrowed From South Africa and Germany

The rules for choosing Rajya Sabha members and how changes are made to the Constitution in India are inspired by the South African Constitution. On the other hand, the idea of temporarily limiting certain basic rights during an emergency comes from the Constitution of Germany.

Indian Constitution Borrowed From Russia

The fundamental duties in Article 51A of the Indian Constitution and the ideas about fairness, rights, and responsibilities mentioned in the Preamble were inspired by elements found in the Constitution of Russia and the USSR.

Sources of Indian Constitution Tricks

Once you’ve delved into the origins of the Indian Constitution, it’s natural to wonder how to recall its borrowed aspects from various countries. Here’s a helpful guide, recommended by experts, to aid and other competitive exam aspirants in memorising these crucial features.

To recall the elements taken from the British (UK) Constitution, simply remember the phrase “Pa-rLe Bi-SCuit”:

• Pa stands for Parliamentary government
• R signifies The rule of law
• Le represents Legislative Procedure
• Bi denotes Bicameralism
• Si corresponds to Single Citizenship

For the features adapted from the Irish Constitution, use the phrase “Elep’s DP is NO. 1”:

• Ele’s stands for Election of the President
• DP refers to Directive Principles of State Policies
• No. 1 signifies Nomination of Rajya Sabha members

Why is the Indian Constitution called Bag of Borrowing?

The Indian Constitution, being the world’s longest, is a blend of various influences from different countries. It’s not merely a copy-paste; rather, these influences were adapted to fit India’s needs.

Key aspects of the Indian Constitution include:

• Blending Unity and Federalism: It combines both unitary and federal elements.
• Preferring Parliamentary Governance: It leans towards a parliamentary style of government.
• Balancing Powers: It carefully balances the authority of the judiciary and the parliament.
• Supporting an Independent Judiciary: It promotes an integrated and independent judicial system in India.
• Directive Principles: It includes guidelines for the government in the directive principles.
• Flexible Yet Firm: It uniquely balances flexibility and rigidity in its framework.

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