SOURCES OF INDIAN CONSTITUTION

The Constitution of India is the backbone of democracy in our country that came into existence on 26th November 1949. The Indian Constitution has been formed by borrowing from all the major constitutions of the world;giving rise to various legal principles. 

The Government of India Act of 1935:

 

This was an Act passed by the Parliament of Britain. It provided a framework for the government of India and was passed in the response to demands of the Indian leaders for democracy. 

Those features our constitution has features taken from the Government of India Act, 1935 are:

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

Australia:

• Concurrent list
• Freedom of trade, commerce and intercourse
• Joint-sitting of the two Houses of Parliament

Canada:  

                     

• 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  

Ireland:

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

Japan:

• Procedure Established by law

Soviet Union (USSR) (now, Russia):

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

UK:

• Parliamentary government
• Rule of Law
• Legislative procedure
• Single Citizenship
• Cabinet system
• Prerogative writs
• Parliamentary privileges
• Bicameralism

US:

• Fundamental rights
• Independence of judiciary
• Impeachment of the president
• Removal of Supreme Court and High Court judges
• Post of vice-president
• Judicial Review

Germany (Weimar):

• Suspension of Fundamental Rights during emergency 

South Africa:

• Procedure for amendment in the Indian Constitution
• Election of members of Rajya Sabha

France:

• Republic
• Ideals of liberty, equality and fraternity in the Preamble

Though the Indian Constitution is a bulky borrowed bag it is not an exact copy or made any plagiarism  as the borrowings have been justified and well defended by the constitution-makers.  however, at the same time, the framers have also considered the following factors −

• Historical perspective of India;
• Geographical diversity of India; and
• Cultural and traditional characteristics of India.

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