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.”

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
  • Irish constitution borrowed it from Spain constitution
• Nomination of members to Rajya Sabha
• Method of election of President

Weimar Constitution of Germany

• Suspension of Fundamental Rights during Emergency.

Soviet Constitution

• Fundamental duties
• Idea of justice (social, economic and political) in the Preamble

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.