Sources of the Indian Constitution

 

Sources of the Indian Constitution

  • Constitution of India often criticized for borrowing its provisions from other countries.
  • Because of its borrowing nature, it has best features collected from different Continents.
  • Borrowing provisions helped the Constitution to become the collective learning of the humankind.
  • Dr. B.R. Ambedkar said “Nobody holds any patent rights in the fundamental ideas of the Constitution.”

 

Sources of the Indian Constitution

 

Government of India Act of 1935

  • Federal Scheme
  • Office of governor
  • Judiciary
  • Public Service Commissions
  • Emergency provisions
  • Administrative details

 

 

European Countries

British Constitution

  • Parliamentary government
  • Rule of Law
  • Legislative procedure
  • Speaker and its role
  • Single citizenship
  • Cabinet system
  • Prerogative writs
  • Parliamentary Privileges
  • Bicameralism

 

Irish Constitution

  • Directive Principles of State Policy
  • Nomination of members to Rajya Sabha
  • Method of election of President

 

Weimar Constitution of Germany

  • Suspension of Fundamental Rights during Emergency.

 

Soviet Constitution

 

French Constitution

  • Republic and the ideals of liberty, equality and fraternity in the Preamble.

Sources of the Indian Constitution

 

North American Countries

US Constitution

  • Fundamental rights
  • Preamble
  • Independence of judiciary
  • Judicial review
  • Impeachment of the president
  • Removal of Supreme Court and high court judges
  • Post of vice-president.

 

Canadian Constitution

  • Federation with a strong Centre
  • Vesting of residuary powers in the Centre,
  • Appointment of state governors by the Centre
  • Advisory jurisdiction of the Supreme Court.

 

 

Other Continents

Australian Constitution

  • Concurrent List
  • Freedom of trade commerce and intercourse
  • Joint sitting of the two Houses of Parliament.

 

South African Constitution

  • Procedure for Amendment of the Constitution
  • Election of members of Rajya Sabha.

 

Japanese

  • Constitution Procedure established by Law.

 

 

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