Source of Indian Constitution | Features borrowed from Other Countries in Indian Constitution
The Constitution of India is the lengthiest written constitution in the world. With approximately 1,45,000 words, it is the second-longest constitution in the world after the Constitution of Alabama. It took the Constituent Assembly about 2 years and 11 months to prepare it.
Borrowed features of the Indian Constitution
Indian constitution was adopted by the Constituent Assembly of India on 26 November 1949 and it became effective on 26 January 1950. On 26 January, the constitution replaced the Government of India Act 1935, and the Dominion of India became the Republic of India. India celebrates 26 January as its Republic Day. The Constituent Assembly of India developed the Constitution while considering aspects of other nations' constitutions and the Government of India Act 1935. Some parts of the Indian Constitution are drawn from a variety of sources.
Sources of the Indian Constitution
Initially, there were 22 parts, 395 articles, and 8 schedules in the Indian Constitution. Its provisions were borrowed from the Government of India Act 1935 and the Constitutions of the US, Ireland, Britain, Canada, Australia, Germany, the USSR, France, South Africa, Japan, and other countries. Thus, the Indian constitution contains provisions of more than 60 constitutions present at that time. All major sources of the Indian constitution are provided below:
1. Government of India Act 1935:
- Administrative details
- Federal plan
- Emergency provision
- Public service commission
- Governor's office
2. US Constitution:
- Fundamental rights
- The federal structure of government
- Electoral college
- Judicial review
- Equal protection under the law
- President as Supreme Commander of the Armed Forces, his impeachment and functions)
- Post of vice-president
- Independence of the judiciary and separation of powers between the three branches of government, judicial review
3. British Constitution:
- Parliamentary form of government
- The idea of single citizenship
- Concept of the rule of law
- Institution of the speaker and his role
- Legislative process
4. Constitution of Canada:
- A quasi-federal form of government
- A federal system with a strong central government
- Distribution of powers between the Central Government and the State Governments.
- Residual powers of central government
- Supreme Court’s advisory jurisdiction
- Centre’s power to appoint governors of states
5. Constitution of Ireland:
- Directive Principles of State Policy (DPSP)
- Nomination of Rajya Sabha members
- Method of President’s election
6. French Constitution:
- Concept of Republic
- Ideals of freedom, equality and fraternity in the preamble
7. Australian Constitution:
- Concurrent List
- Freedom of trade and commerce within the country and between states
- Power of the national legislature to enact laws to implement treaties, even on matters outside the general federal jurisdiction.
- Joint sitting of Lok Sabha and Rajya Sabha
8. Constitution of the Soviet Union (USSR):
- Fundamental Duties
- Planning Commission
- Ideals of social, economic and political justice in Preamble
9. Constitution of South Africa:
- Constitution amendment process
- Election of Rajya Sabha members
10. Weimar Constitution of Germany:
- Union emergency powers
- Suspension of Fundamental Rights during Emergency.
11. Constitution of Japan:
- The procedure established by law
Indian Constitution is also called a bag of borrowings because it contains many provisions borrowed from many Constitutions. The Constitution of India is a unique document as it was prepared after nearly 2 years and 11 months of hard work by the Constituent Assembly. It is a flexible constitution having provisions that allow for amendments to address the immediate needs and future problems of Indian society.
Fundamental rights taken from which country?
There was no hesitation in learning from the experiences of other nations. As a result, the Indian Constitution has some aspects adopted from other countries like the UK, USA, Australia, and Canada. The Constitution calls for a Parliamentary system of government that is federal in structure but has certain unitary elements. The President is the Union's constitutional leader of the Executive. For Fundamental rights, the Indian constitution took reference of the US and German constitutions.
Important Fact about the Constitution of India
Prem Behari Narain Raizada handwrote and calligraphed the Indian Constitution in both English and Hindi rather than having it typeset or printed. The original copies of the Constitution are presently maintained in helium-filled containers in the Parliament of India's Library.
According to Article 79 of the Indian Constitution, the Union Parliament's council consists of the President. Two Houses are known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). This legislation abolished the system of provincial dyarchy. It proposed the formation of a central dyarchy and a Federation of India comprised of British India's provinces and the majority of princely kingdoms. Most crucially, the legislation established the position of the Governor, who was given all of the executive responsibilities and authority of the center.