Eleanor Finch
The Indian Constitution, which came into existence on November 26, 1949, is often referred to as a 'bag of borrowings' due to its inspiration from various international sources. While it is unique in its contents and spirit, the constitution incorporates features from other countries, including the US, UK, Ireland, Canada, Australia, Germany, and the USSR. The parliamentary system of government, fundamental rights, and impeachment procedures, for example, were influenced by foreign models. Despite the borrowed elements, the Indian Constitution was drafted to suit the country's specific needs, historical perspective, geographical diversity, and cultural and traditional characteristics.
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What You'll Learn
The Indian Constitution is a 'bag of borrowings'
The Indian Constitution is often referred to as a "bag of borrowings" due to its inclusion of provisions borrowed from various countries and constitutions. It is a unique document that was drafted over a period of almost three years by the Constituent Assembly, taking into account India's historical perspective, geographical diversity, and cultural and traditional characteristics.
While the Indian Constitution has borrowed certain features from other nations, it is important to note that these provisions have been adapted to suit India's specific needs in terms of polity and governance. The borrowing of ideas from other constitutions is not uncommon, as Dr. B.R. Ambedkar, the chairman of the drafting committee, noted that there is "nothing to be ashamed of in borrowing" and that it "involves no plagiarism."
One of the main sources of inspiration for the Indian Constitution was the Government of India Act 1935, which influenced provisions such as the parliamentary form of government, the rule of law, and the impeachment process for the president. Additionally, the Indian Constitution borrowed the concept of fundamental rights from the US and German constitutions, the preamble from the US Constitution, and the Directive Principles of State Policy from the Irish Constitution.
Other countries that influenced the Indian Constitution include the UK, Australia, Canada, Japan, South Africa, and the former USSR. The constitution borrows the procedure for the nomination of members to the Rajya Sabha from Ireland, the appointment of state governors and the advisory jurisdiction of the Supreme Court from Canada, and the suspension of fundamental rights during an emergency from the Soviet Constitution.
Despite the borrowings, the Indian Constitution is a unique document that reflects the specific needs and characteristics of the country. It is a flexible constitution that allows for amendments to address the immediate and future needs of Indian society. It is the longest written constitution of any independent country in the world, with approximately 145,000 words, 448 articles in 25 parts, 12 schedules, 5 appendices, and 98 amendments.
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The Indian Constitution is unique
The Indian Constitution is federal in nature, and unitary in spirit. It has features of a federation, including a codified, supreme constitution; a three-tier governmental structure (central, state, and local); division of powers; bicameralism; and an independent judiciary. It also has unitary features such as a single constitution, single citizenship, an integrated judiciary, a flexible constitution, a strong central government, and emergency provisions. This unique combination makes it quasi-federal in form.
The Indian Constitution is also unique in that it espouses constitutional supremacy, rather than parliamentary supremacy. It was adopted with a declaration in its preamble. The constitution does not contain a provision to limit the powers of parliament to amend it. However, the Supreme Court has held that there are certain features of the constitution so integral that they could never be removed. This is known as the 'Basic Structure' Doctrine.
The Indian Constitution draws on the historical perspective of Indian Nationalist struggles, the geographical and cultural diversity of India, and its traditional characteristics, which are distinct from those of any other nation. It also has a number of unique sources, including the Government of India Acts of 1935, the Indian Independence Act of 1947, and the Indian Councils Acts of 1861, 1892, and 1909.
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The Indian Constitution and the Government of India Act 1935
The Indian Constitution is a unique document that was drafted over three years by the Constituent Assembly of India. It came into existence on 26 November 1949 and came into force on 26 January 1950. The Constitution is a set of laws and rules that set up the machinery of the Government of India, defining and determining the relations between the executives, the legislature, the judiciary, the central and the local government.
The Indian Constitution is not a wholly original document, as it does contain features borrowed from other countries' constitutions. The Directive Principles of State Policies, for example, are borrowed from the Irish Constitution, and the idea of suspending Fundamental Rights during an emergency is taken from the Soviet Constitution. The Indian Constitution also contains provisions borrowed from the US, Canadian, and German constitutions.
However, it is inaccurate to characterise the Indian Constitution as merely a "bag of borrowings". While it does contain provisions borrowed from other nations, these are adapted to suit India's unique polity and governance structure. The Indian Constitution is also the most detailed constitution in the world.
One of the major sources of the Indian Constitution is the Government of India Act 1935. This Act was a milestone in the development of a responsible constitutional government in India. It was intended to establish an All-India Federation consisting of provinces and princely states as units. The Act divided powers between the centre and the provinces, with the powers of the central and state governments separated, and the state running under the central government. The Act also introduced direct elections in India for the first time, with representatives from the princely states nominated by their rulers, and representatives of British India elected. The Act also provided for the establishment of the Reserve Bank of India and federal, provincial, and joint Public Service Commissions.
The Indian National Congress and the Muslim League opposed the Government of India Act 1935 because the provincial governors retained more important powers than the elected government representatives, and the British authorities had the power to suspend the elected government representatives. The Act also failed to address matters of defence and the fundamental rights of the Indian population.
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The Indian Constitution and other countries' constitutions
The Indian Constitution is the world's longest written constitution of any independent country, with 448 articles in 25 parts, 12 schedules, 5 appendices, and 98 amendments. It was drafted over a period of almost three years by the Constituent Assembly of India and came into existence on 26 November 1949, replacing the Government of India Act 1935. It came into force on 26 January 1950, a day celebrated as India's Republic Day.
The Indian Constitution is often referred to as a "'bag of borrowings'" due to its inspiration from various international sources. The Constituent Assembly of India considered aspects of other nations' constitutions, including the US, Ireland, Britain, Canada, Australia, Germany, the USSR, France, and South Africa.
The Parliamentary system of government, where the country is governed by a Prime Minister-led cabinet of ministers, is a concept borrowed from Great Britain. The Indian Constitution's preamble, which outlines the country's fundamental principles, is also inspired by the US Constitution. Additionally, the idea of Fundamental Rights in the Indian Constitution is influenced by the US and German constitutions.
The Directive Principles of State Policy (DPSP) is a key feature borrowed from the Irish Constitution. The Indian Constitution also includes provisions for the impeachment of the President and the removal of judges, similar to those in the Irish Constitution.
The nomination of members to the Rajya Sabha, the appointment of State governors by the Centre, and the advisory jurisdiction of the Supreme Court are all borrowed from the Canadian Constitution.
Despite these borrowed features, the Indian Constitution is a unique document. It was carefully crafted to suit India's specific needs, historical perspective, geographical diversity, and cultural and traditional characteristics. It is a flexible constitution, allowing for amendments to address the country's immediate and future challenges.
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The Indian Constitution and religious, gender and caste equality
The Indian Constitution is a unique document, with some of its features borrowed from other nations' constitutions, such as the Government of India Act 1935, the Irish Constitution, and the US Constitution. It was drafted over three years by the Constituent Assembly, taking into account India's historical nationalist struggles, geographical diversity, and traditional characteristics.
Religious Equality
The Indian Constitution guarantees the Right to Freedom of Religion for all Indians under Articles 25 to 28. This includes the freedom of conscience and the freedom to profess, practice, and propagate religion. Secularism, added to the Constitution by the 42nd Amendment, is an important part of Indian democracy and culture, with many faiths coexisting in the country for centuries. The Indian model of secularism differs from the Western one, as the State maintains an equal distance from all religions but does extend limited influence and engagement with religious affairs. For example, the State provides religious minorities the right to establish educational institutions and assists in their administration.
Caste Equality
Article 15 of the Indian Constitution prohibits discrimination based on caste, and Article 17 declares the practice of untouchability illegal. Caste-based differences have been challenged by reformist Hindu movements, Buddhism, Sikhism, Christianity, and present-day Neo-Buddhism. Despite these measures, caste-based discrimination, segregation, violence, and inequality persist in India. There have been protests against the reservation system, with complaints of reverse discrimination against the Forward Castes, and calls for constitutional reform to remove all references to the caste system.
Gender Equality
While the query did not specifically mention gender equality, it is worth noting that the Indian Constitution also guarantees gender equality. The Constitution grants women equal rights in matters of property, marriage, divorce, and inheritance, and it prohibits discrimination against women in public places.
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Frequently asked questions
The Indian Constitution is a unique document, but it does contain provisions borrowed from other constitutions. It is known as a "bag of borrowings" due to its varied sources, but these provisions are adapted to suit India's unique polity and governance.
The Indian Constitution includes features from the US Constitution, such as the preamble, and the fundamental rights. The idea of suspending fundamental rights during an emergency was borrowed from Germany. The provision of the Directive Principles of State Policy (DPSP) was taken from the Irish Constitution. The impeachment process for the President and the removal of judges are also borrowed from other countries.
Dr. B.R. Ambedkar, known as the "Father of the Indian Constitution", said: "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". The drafters of the Indian Constitution were not afraid to learn from the experiences of other nations and adapt their ideas to suit India's unique context.
The Indian Constitution was prepared over a period of almost three years by the Constituent Assembly of India. It was adopted on November 26, 1949, and came into force on January 26, 1950.
