The Indian Constitution is unique in its contents and spirit. Though borrowed from almost 60 Countries of the World, the Constitution of India has distinguished from the Constitutions of the other countries.
Dr B R Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitution of the World’.
Basic Source of the Constitution of India :
• The Structural Part of the Constitution : It is derived from the Government of India Act, 1935.
• The Philosophical Part of the Constitution : derived their inspiration from the American and Irish Constitution (Fundamental Rights – American, Directive Principles – Irish).
• The Political Part of the Constitution : It has been largely drawn from the British Constitution (the Principle of Cabinet Government and the relationship between the executive and the legislature).
Some expert criticised the Indian Constitution is a ‘borrowed Constitution‘, a ‘patchwork‘ and contains nothing new and original is unfair and illogical.
There are various provisions borrowed from other nations but they are absorbed in the Indian Constitution to suit it’s polity and governance. They are not exactly copied.
The Borrowed Features of the Indian Constitution :
1. Government of India Act of 1935 :
- Federal Scheme
- Office of Governor
- Judiciary
- Public Service Commissions
- Emergency Provisions
- Administrative Details
2. British Constitution :
- Parliamentary government
- Rule of law
- Legislative Procedure
- Single Citizenship
- Cabinet System
- Prerogative writs
- Parliamentary privileges
- Bicameralism
3. USA Constitution :
- Fundamental Rights
- Independence of judiciary
- Judicial Review
- Impeachment of the President
- Removal of Supreme Court and High Court Judges
- Post of Vice-president
4. Irish Constitution :
- Directive Principles of State Policy
- Nomination of members to Rajya Sabha
- Method of election of President
5. Canadian Constitution :
- Federation with a Strong Center
- Vesting of residuary powers in the Center
- Appointment of State governors by the Centre
- Advisory Jurisdiction of the Supreme Court
6. Australian Constitution :
- Concurrent List
- Freedom of Trade
- Commerce and inter-course
- Joint Sitting of the two Houses of Parliament
7. Russian Constitution (USSR) :
- Fundamental Duties
- The ideal justice in the Preamble (social, economic and political)
8. French Constitution :
- Republic
- The ideals of liberty, equality and fraternity in the Preamble
9. South African Constitution :
- Procedure for amendment of the Constitution
- Election of members of Rajya Sabha
10. Japanese Constitution :
- Procedure Establish by law
11. Weimar Constitution of Germany :
- Suspension of Fundamental Rights during Emergency.
Prelims Booster Facts :
• Constitution Day (Samvidhan Diwas) celebrated on 26 November since 2015.
• The Constitution of India is longest written Constitution among the all written Constitution in the World.
• Indian Constitution is a borrowed one without copyright issues.
• Federation with a Strong Centre borrowed from – USA Constitution.
References
Constitution of India
Indian Polity by M Laxmikant