The Sources of the Indian Constitution

The constitution of India has borrowed from the constitution of many other Countries and the large extent of structural parts of the constitution like “The public service Commission, Governors, emergency Powers”, etc. taken from the Government of India Act of 1935.

Sources of the Indian Constitution in short:

The important provisions of Indian constitutions taken from different sources are discussed below:

The provisions are taken from the Government of India Act of 1935 :
  • the federal scheme, the office of the Governor,
  • the judiciary, public service commission,
  • emergency provisions and
  • administrative details, and so on…
    • Note: About 250 provisions of the 1935 Act have been included in our constitution.
The provisions taken from British Constitution are:
  • Parliamentary Government,
  • Rule of Law, Legislative procedure,
  • Single Citizenship,
  • Cabinet system,
  • prerogative Writs,
  • parliamentary privileges and bicameralism.
The provisions borrowed from the US Constitution are:
  • Written constitution
  • Fundamental rights,
  • Independence of Judiciary,
  • Judicial review,
  • impeachment of the president,
  • Removal of Supreme Court and High Court judges
  • President- Supreme commander of armed forces
  • Post of vice president.
    • Note: The American Constitution originally consisted of only 7 Articles.
The provision from Iris Constitution are:
  • Directive principles of state policy,
  • The nomination of members to the Rajya sabha
  • method of election of President
The provisions borrowed from the Canadian constitution
  • Federation with a strong center,
  • vesting of residuary power in the center,
  • Appointment of state governors by the center
  • Advisory judiciary of the supreme court
    • The constitution of Canada originally consisted of only 147 Articles.
The Provisions from the Australian Constitution
  • Concurrent list, Language of Preamble
  • freedom of Trade,
  • Commerce
  • the joint sitting of two houses of parliament
    • The Australian constitution originally consisted of only 128  Articles.
From the Weimar Constitution of Germany
  • Suspension of fundamental rights during emergency

Provision from Russia (USSR)

  • Fundamental Duties and
  • the ideal of justice (social, economic, and political) in the Preamble

Provision borrowed from the French constitution

  • Republic and the Ideals of Liberty
  • Equality and Fraternity in the preamble.

The provision from the South African Constitution

  • Procedure for amendment of the Constitution and
  • election of members of Rajya Sabha.

From Japanese Constitution

  • The procedure established by Law

 

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The Sources of the Indian Constitution

 

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