Sources of the Indian Constitution

The Indian Constitution has been borrowed from various sources. For instance, India has a parliamentary form of government, which has been borrowed from the British Constitution. The chairman of drafting committee, Dr. Ambedkar had said that – “As to the accusation that the Draft Constitution has re[produced] a good part of the provisions of the Government of India Act, 1935, I make no apologies. There is nothing to be ashamed of in borrowing. It involves no plagiarism. Nobody holds any patent rights in the fundamental ideas of a Constitution….”

Sr. No.SourcesFeatures Borrowed
1.Government of India Act of 1935·         Federal scheme

·         Governor’s office

·         Judiciary

·         Public service commissions

·         Emergency provisions and administrative details

2.British Constitution·         Parliamentary government

·         Rule of law

·         Legislative procedure

·         Single citizenship

·         Cabinet system

·         Prerogative writs

·         Parliamentary privileges

·         Bicameralism

3.US constitution·         Fundamental rights

·         Independence of judiciary

·         Judicial review

·         Impeachment of the president

·         Removal of Supreme Court and High Court judges

·         Post of Vice-President

4.Irish Constitution·         Directive Principles of State Policy

·         Nomination of members to Rajya Sabha

·         Method of election of President

5.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

6.Australian Constitution·         Concurrent list

·         Freedom of trade

·         Commerce and inter-course

·         Joint sitting of the two houses of Parliament

7.Weimar Constitution of Germany·         Suspension of Fundamental Rights during emergency
8.Soviet Constitution (USSR, now Russia)·         Fundamental Duties

·         The ideal of justice (social, economic and political) in the                    Preamble

9.French Constitution·         Republic and the ideals of liberty

·         Equality and Fraternity in the Preamble

10.South African Constitution·         Procedure for amendment of the constitution

·         Election of members of Rajya Sabha

11.Japanese Constitution·         Procedure established by law

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      Dr. RS Aggarwal
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