Isabella Carter
The Indian Constitution is a unique document, drafted with India's nationalist struggles, geographical diversity, and traditions in mind. It is a result of extensive research by the Constituent Assembly, borrowing features from other constitutions that suited Indian problems and aspirations. To learn the sources of the Indian Constitution, it is important to understand that it draws from various countries' constitutions, including Australia, the US, the UK, Ireland, Japan, and Canada. The Indian Constitution also has roots in the Government of India Act 1935, the Irish Constitution's Directive Principles of State Policies, and the Soviet Constitution's suspension of fundamental rights during emergencies. To effectively remember the sources, memory techniques such as mnemonics and logical stories can be employed.
| Characteristics | Values |
|---|---|
| Sources | Government of India Act 1935, Irish Constitution, US Constitution, and others |
| Uniqueness | Historical perspective of Indian Nationalist struggles, geographical diversity, traditional characteristics |
| Memory Tricks | Mnemonics, logical stories, patterns in unit-digit and tens-digit numbers |
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What You'll Learn
The Indian Constitution's sources and influences
The Indian Constitution is unique in its content and spirit, and was drafted with a consideration of India's historical perspective, geographical diversity, and traditional characteristics, which are distinct from those of any other nation. It is a result of deep research by the makers of the Constitution, who picked the best features from other constitutions that suited Indian problems and aspirations. The Constituent Assembly took the best features from everywhere and made them its own.
The sources of the Indian Constitution lie in the Government of India Act 1935, and the constitutions of other countries, including Australia, the US, the UK, Ireland, Japan, and Canada. The Directive Principles of State Policies, for example, are borrowed from the Irish Constitution. The suspension of fundamental rights during an emergency was taken from the Soviet Constitution (Russia). The Indian Constitution also has a British influence, with the President as a ceremonial role and the Prime Minister exercising executive power.
Some tricks to remember the sources of the Indian Constitution include:
- The Irish Constitution can be remembered with the following statement: "Nomination of members to Rajya Sabha".
- The features of the US Constitution can be remembered with the following statement: "President Needs Fund for Removal of Present Vice-President & Judges in the USA".
- The Canadian Constitution can be remembered with the following statement: "U Can Fly Directly From the US to UP to Meet the Child of Shyam and Ram".
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The Government of India Act 1935
The Act gave more autonomy to the provinces, abolishing provincial dyarchy and placing all provincial portfolios in the hands of ministers who enjoyed the support of the provincial legislatures. The British-appointed provincial governors, who were responsible to the British government via the Viceroy and Secretary of State for India, were to accept the recommendations of the ministers unless they negatively impacted the governor's areas of statutory "special responsibilities". These included defence, ecclesiastical affairs, external affairs, the press, police, taxation, justice, and power resources. The Act also allowed for the creation of a 'Federation of India', consisting of a central executive and parliament, with provinces and princely states below them.
The Indian leaders were not enthusiastic about the Act as the governors and the viceroy retained considerable 'special powers'. The Indian National Congress and the Muslim League opposed it, with the former calling it a slave constitution that attempted to strengthen and perpetuate the economic bondage of India. Despite this opposition, the Act played a key role in the drafting of the 1950 Constitution of India, with a significant portion of the administrative provisions being borrowed from the Act.
Most scholars view the Act as a significant development in India's constitutional and political history, arguing that it was a means of continuing British control of India and deflecting the challenge posed by the nationalist movement.
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The US Constitution
The seven articles of the US Constitution define the basic framework of the federal government, embodying the doctrine of the separation of powers. The first three articles divide the federal government into three branches: the legislative, consisting of a bicameral Congress (Article I); the executive, consisting of the President and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III). Article IV, Article V, and Article VI outline concepts of federalism, detailing the rights and responsibilities of state governments, their relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure used by the 13 states to ratify the Constitution.
Amending the US Constitution involves a two-step process. First, a proposed amendment must be adopted by either a two-thirds majority in both houses of Congress or a national convention (called when two-thirds of state legislatures request one). Second, the amendment must be ratified by three-fourths of the states (38 out of 50), either through the consent of state legislatures or state ratifying conventions.
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The Irish Constitution
The Indian Constitution is a result of extensive research by the Constituent Assembly, which picked the best features from the constitutions of other nations, including the Irish Constitution, to suit Indian problems and aspirations.
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Memory tricks and mnemonic stories
The Indian Constitution is the world's lengthiest constitution, with 448 articles, 25 parts, and 12 schedules. This makes it a challenging document to memorise, but there are several memory tricks and mnemonic devices that can help.
One method is to create a visual and memorable sentence by stringing together the list of facts you want to memorise. For example, to remember the features of the US Constitution, the sentence could be: "President Needs Fund for Removal of Present Vice-President & Judges in the USA". For the Indian Constitution, a sentence could be: "A pink cat is chasing a giant leaf blowing in the wind", where each element of the sentence represents a feature of the constitution.
Another technique is to use acronyms and patterns in the article numbers. For example, the pattern of unit-digit numbers for the three union executives (President, Vice-President, and Union Council of Ministers headed by the Prime Minister) is 2, 3, 4 (Articles 52, 63, and 74, respectively). Adding 89 to the last number in this sequence (74 + 89) gives you 163, which is the article for the State Council of Ministers headed by the Chief Minister. Similarly, Article 102 mentions the disqualification of Members of Parliament, and adding 89 to this number gives you 191, which is the article discussing the disqualification of MLAs.
Additionally, you can use associated memory, where you link the articles to current affairs or news events. For example, the right to marry means the freedom to marry anyone and live with choice and dignity. This is linked to Article 21 through a 2019 question about a trick question on this topic.
Finally, interleaving your study of different articles and regular practice will reinforce your memory.
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Frequently asked questions
The Indian Constitution is formed by considering the features of various countries' constitutions, including Australia, the US, the UK, Ireland, Japan, and Canada. It also includes elements from the Government of India Act 1935.
One technique is to create a logical story or mnemonic that ties the different sources together. For example, you could use the sentence: "The US, UK, and Canada helped Australia and Japan form the Indian Constitution in 1935."
One trick is to note the sequence of articles with unit-digit and tens-digit patterns. For example, Articles 52, 63, and 74 follow the pattern 2,3,4 for the unit's digit and 5,6,7 for the tens digit. Another trick is to use mnemonics, such as "Law removes all doubt," where the word "law" refers to Article 14.
