Sources of the Indian Constitution
Indian Constitution came into life on 26th November 1949. The Constituent Assembly of India drafted the constitution considering features of constitutions of the other countries as well as in the Government of India Act 1935. There are various sources of the Indian constitution for a number of characteristics of it are borrow.
Regardless of criticism, the Constitution, because of its borrowed personality, is just like a bouquet with the best blossoms picked up from various gardens. The borrowings are justified and well-defended from the constitution-makers. As is quoted, Dr. B.R. Ambedkar said the following: “Nobody holds any patent rights in the basic notions of the Constitution.”
Sources of the Indian Constitution: Features
Indian Constitution has consumed those attributes from different nations’ constitutions that suited Indian problems and ambitions. Constituent Assembly took the best of attributes from everywhere and made them it’s own.
Our constitution has attributes taken in the Government of India Act, 1935. Those attributes are:
- Emergency Provision
- Public Services
- Office of governer
Sources of the Indian Constitution:
1. The Government of India Act of 1935: This is an Act pass by the Parliament of Britain. It provided a framework for the government of India and was passed in the response to requirements of the Indian leaders for democracy. The Constitution borrows from it the Federal Scheme of government, Office of Governor, the system of the judiciary (establishing a supreme court), Public Service Commissions, along with the Emergency provisions.
2. US Constitution: Fundamental Rights (Section III), Post of Vice President, Judicial Review, Impeachment of the President, Removal of judges of Supreme Court and High Court(Article 124).
3. Ireland Constitution: Directive Principles of State Policy ( Division IV), the nomination of members to Rajya Sabha, and method of election of President.
4. British Constitution: Parliamentary system, Bicameralism, Rule of Law (Article 14), Legislative process, Single citizenship, Cabinet System, System Writs (Article 32 & 226), the principle of law.
Source of Indian constitution
5. Canadian Constitution: it’s exciting that the exact same parliament (British) That passed the Government of India Act 1935, made constitutional laws for Canada. Thus, borrowing from Canada means accepting something from English Case law. The terms concerning the Federation with a strong center, the appointment of governors from the center and advisory jurisdiction of the Supreme Court (Article 143), and the residuary forces with the center (Article 248) have been mined out of Canada.
6. Weimar Constitution (Constitution of Germany): quadrant of Basic Rights Through Emergency.
7. Australian Constitution: Freedom of trade and commerce, Concurrent List, a joint sitting of the two Houses of Parliament.
8. USSR Constitution: India, being a welfare state, failed to borrow the principles like Basic obligations as well as also the ideals of social, political, and economic justice (Found in the Preamble).
9. South African Constitution: Process for amendment, the Constitution, and election of the members of Rajya Sabha.
10. French Constitution: Republic character of Constitution. The ideals of freedom, equality, and fraternity at the Preamble.
11. Japanese Union: Process established by law.
And hence constitutional provisions are difficult to execute in India. These borrowed provisions are extremely basic provisions or procedural provisions. An interpretation was performed in the context of Indian culture. By way of instance, along with”equal protection of the law” or the optimistic activities, the Indian Constitution provides for reservation at employment. While the theory of affirmative action finds its origin in the American constitution, bookings don’t exist in the USA. Thus, the Indian Constitution presents the very best ideas from the world with execution and translation in a total Indian context.
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