Sources of the Indian Constitution
Elaboration
India's Constitution is often called a "bag of borrowings". Ambedkar defended this: there is nothing to be ashamed of in borrowing; nobody holds a patent over the fundamental ideas of a constitution. Borrowings were adapted, not copied.
Source | Features borrowed |
|---|---|
Government of India Act, 1935 (most) | Federal scheme, Governor's office, emergency powers, Public Service Commissions, judiciary, administrative details |
Britain | Parliamentary government, rule of law, single citizenship, cabinet system, prerogative writs, bicameralism, Speaker, law-making procedure |
USA | Fundamental Rights, judicial review, independence of judiciary, impeachment of President, removal of SC/HC judges, Vice-President as Rajya Sabha chairman, written Constitution, Preamble |
Ireland | DPSP, nomination of Rajya Sabha members, method of Presidential election |
Canada | Federation with strong Centre, residuary powers with Centre, appointment of state governors by Centre, advisory jurisdiction of SC |
Australia | Concurrent List, freedom of trade and commerce, joint sitting of Houses, preamble language |
Weimar Germany | Suspension of Fundamental Rights during Emergency |
USSR | Fundamental Duties, ideal of justice (social, economic, political) in Preamble |
France | Republic, ideals of Liberty, Equality, Fraternity |
South Africa | Amendment procedure, election of Rajya Sabha members |
Japan | Procedure established by law |
Key points to remember
- DPSP = Ireland (Irish nationalist movement influenced by Spain).
- Fundamental Duties = USSR (inserted by 42nd Amendment).
- Concurrent list = Australia; Residuary powers = Canada.
- Emergency provisions = Germany (Weimar) + GoI Act 1935.
- Procedure established by law = Japan (versus US due process of law).
PYQ / MCQ
1.The idea of Directive Principles of State Policy was borrowed from:
(a) USA
(b) Ireland
(c) Canada
(d) Germany
Answer: (b)
2. Which of these is NOT borrowed from Britain?
(a) Rule of law
(b) Parliamentary system
(c) Judicial review
(d) Single citizenship
Answer: (c) (from the USA)