Malcolm Rivera
The Indian Constitution, which came into existence on 26 November 1949, is the lengthiest written constitution in the world. It is a unique document that establishes India as a secular, sovereign, socialist, democratic republic, ensuring justice, liberty, equality, and fraternity for its citizens. While it is true that the Indian Constitution has borrowed features from other countries' constitutions, these were carefully modified to suit India's specific needs and were drafted according to the historical perspective, geographical diversity, and cultural and traditional characteristics of India.
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What You'll Learn
- The Indian Constitution is influenced by the British Constitution
- The US Constitution inspired the concept of fundamental rights
- The Indian Constitution is a mixed bag of borrowings
- The Indian Constitution is unique in its content and spirit
- The Indian Constitution is shaped by various historical documents, events, and legal frameworks
The Indian Constitution is influenced by the British Constitution
The Indian Constitution, which came into existence on 26 November 1949, is a unique document that is the result of three years of hard work by the Constituent Assembly of India. The Assembly borrowed features from the constitutions of other countries, as well as from previous acts passed during the colonial era, to create a set of laws and rules that would establish the machinery of the Government of India. The Indian Constitution is influenced by the British Constitution in several ways, including the following:
Rule of Law
The Indian Constitution upholds the rule of law, which is a fundamental principle of the British Constitution. The rule of law states that no one is above the law, and it is the basis of the British Constitution's Common law system. This means that the judiciary in Britain has no power to cancel or go against an act passed by the British Parliament.
Speaker's Role in the Assembly
The role of the speaker in the Indian Assembly is borrowed from the British Constitution.
Parliamentary Sovereignty
The Indian Constitution grants the Parliament and state legislatures the power to pass laws based on the Constitution. This is similar to the British Constitution, where the British Parliament holds all the powers of the British government.
Cabinet System
The Indian Constitution's Cabinet system can be traced back to the portfolio system started by Lord Canning under the Indian Councils Act of 1861. This Act empowered the Viceroy to issue ordinances without the legislative council's concurrence in cases of emergency, and these ordinances were to be in force for six months. This provision later found a place in Article 123 of the Indian Constitution.
Veto Powers
The Indian President's veto powers, including absolute veto, suspensive veto, and pocket veto, can be traced back to the powers granted to the Governor-General by the Charter Act of 1793, which allowed him to override his Council's decision under certain circumstances.
Commander-in-Chief of Armed Forces
The provision that the President of India is the Commander-in-Chief of the Indian Armed Forces is inspired by Pitt's India Act of 1786, under which the Governor-General of India, Lord Cornwallis, was to be the Commander-in-Chief of the Indian forces.
While the Indian Constitution is influenced by the British Constitution and other sources, it is important to note that it is not a mere copy. The Constituent Assembly of India carefully considered and adapted these influences to suit the unique needs, aspirations, and characteristics of the Indian nation.
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The US Constitution inspired the concept of fundamental rights
The Indian Constitution, which came into existence on 26 November 1949, is a unique document that is the result of three years of hard work by the Constituent Assembly of India. The Assembly drafted the Constitution by considering the features of other countries' constitutions and the Government of India Act 1935. The Indian Constitution is the most detailed in the world, with 448 articles, compared to the 7 articles of the US Constitution and 128 in the Australian Constitution.
The Indian Constitution is unique in its content and spirit, and it was drafted considering the historical perspective of Indian nationalist struggles, the geographical diversity of India, and its traditional and cultural characteristics, which are distinct from those of any other nation. The Chairman of the drafting committee, Dr Ambedkar, stated that there was nothing to be ashamed of in borrowing from other constitutions.
The US Constitution was one of the sources of inspiration for the Indian Constitution. The preamble of the Indian Constitution, for example, is taken from the US Constitution. The concept of fundamental rights in the Indian Constitution was also inspired by the US Constitution and other global constitutions. These rights were aimed at overturning the inequalities of pre-independence social practices, abolishing untouchability, and prohibiting discrimination based on religion, race, caste, sex, or place of birth. They also forbid human trafficking and forced labour.
Fundamental rights in the Indian Constitution also include the right to life and personal liberty, freedom of religion, freedom of speech and expression, and the freedom to reside and settle in any part of the country. These rights are available to all citizens, including non-resident Indian citizens. The right to equality in matters of public employment, however, is not conferred on overseas citizens of India. Fundamental rights protect individuals from arbitrary state actions, but some rights are also enforceable against individuals. For example, the Constitution prohibits begar (forced labour) and abolishes untouchability.
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The Indian Constitution is a mixed bag of borrowings
The Indian Constitution, which came into existence on 26 November 1949, is a unique document that is the result of three years of hard work by the Constituent Assembly of India. While it is true that the Indian Constitution borrows features from other countries, these features are adapted to suit India's specific needs and are combined with elements that are unique to the country.
The Constituent Assembly of India drafted the constitution, including features from the Government of India Act 1935 and the constitutions of other countries. The Indian Constitution is said to be a mixed bag of borrowings, with features taken from various sources such as the US Constitution, the Irish Constitution, and the British Constitution. For example, the concept of fundamental rights protected by the Constitution was inspired by the US Constitution's Bill of Rights, while the idea of a President who serves as the head of state and exercises executive powers was also taken from the US Constitution. The Indian Constitution also borrowed the philosophy of Directive Principles of State Policy from the Irish Constitution.
The parliamentary system of government, the rule of law principle, the idea of a Cabinet system, and the concept of singular citizenship were all inspired by the British Constitution. Additionally, the Indian Constitution adopted the federal structure of government from the Canadian Constitution. The Constitution also includes a specific provision borrowed from Japan, which allows for the limitation of certain fundamental rights during emergencies.
While the Indian Constitution does include borrowed features, it is important to note that these features were adapted to suit the Indian context and were combined with elements that reflected India's historical, social, and political context. The Indian Constitution is the longest written constitution in the world, with 448 articles, and it is celebrated on 26 November as Samvidhan Divas, National Law Day, or National Constitution Day. It is a unique document that reflects the country's historical perspective, geographical diversity, and cultural and traditional characteristics.
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The Indian Constitution is unique in its content and spirit
The Indian Constitution, which came into existence on 26 November 1949, is unique in its content and spirit. It is a detailed constitution, consisting of 395 articles originally, which have now increased to 448 articles. It is the result of three years of hard work by the Constituent Assembly of India, which drafted the constitution, including features from the Constitutions of other countries, as well as from previous legislation such as the Government of India Acts of 1935, the Government of India Acts of 1858 and 1919, the Indian Independence Act of 1947, and the Indian Councils Acts of 1861, 1892, and 1909. The Constituent Assembly took the best features from everywhere and adapted them to suit India's unique needs and conditions.
The Indian Constitution is unique in its content as it combines features of a federation with unitary features, making it quasi-federal in form. It includes a codified, supreme constitution, a three-tier governmental structure (central, state, and local), division of powers, bicameralism, and an independent judiciary. At the same time, it has unitary features such as a single constitution, single citizenship, an integrated judiciary, a flexible constitution, a strong central government with the power to appoint state governors, All India Services (IAS, IFS, and IPS), and emergency provisions.
The Indian Constitution is also unique in its spirit as it espouses constitutional supremacy, which is different from parliamentary supremacy found in the United Kingdom as it was created by a constituent assembly rather than Parliament. It was adopted with a declaration in its preamble and does not contain a provision to limit the powers of Parliament to amend it. However, the Supreme Court has held that certain features of the Indian Constitution are so integral that they cannot be cut out, which is known as the 'Basic Structure' Doctrine.
The Indian Constitution is also unique in that it draws from the historical perspective of Indian nationalist struggles, the geographical diversity of India, and its traditional and cultural characteristics, which are distinct from those of any other nation. It is a living document that has evolved over time, with recent Supreme Court decisions incorporating aspects of international law, moving it towards a more hybrid regime.
In conclusion, the Indian Constitution is indeed unique in its content and spirit, reflecting the diverse and dynamic nature of India as a sovereign, democratic republic.
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The Indian Constitution is shaped by various historical documents, events, and legal frameworks
The Indian Constitution, which came into existence on 26 November 1949, is a unique document, influenced by various historical documents, events, and legal frameworks. The Constituent Assembly of India drafted the constitution, incorporating features from other countries' constitutions and the Government of India Act 1935.
The Indian Constitution is the most detailed constitution in the world, with 448 articles, 25 parts, and 12 schedules, along with 101 amendments. It is unique in its content and spirit, and while it draws on the best features from other constitutions, it is tailored to India's specific needs, historical perspective, geographical diversity, and cultural and traditional characteristics.
The Constituent Assembly of India took three years to draft the constitution, and its members included Dr B.R. Ambedkar, widely regarded as the father of the Indian Constitution. During the constitution-building process, Dr Ambedkar stated:
> "One can wonder whether there can be anything new or unique in the Indian Constitution... But in the true sense, the makers of the Indian Constitution did not precisely imitate the features or aspects of other countries' constitutions. Instead, the makers made the necessary and possible adjustments to the borrowed features from the other constitutions in order to adapt them to the Indian conditions while at the same time putting aside their shortcomings."
The Indian Constitution draws on several international influences, including other countries' constitutions, natural justice principles, and the Universal Declaration of Human Rights. It also incorporates features from constitutional committee reports like the Nehru Report and the Cabinet Mission Plan. The Indian Constitution has a parliamentary system of government with a sovereign parliament, influenced by British constitutional principles. The rule of law principle, ensuring equality before the law and protection of individual rights, was also inspired by Britain. The Indian bureaucracy is modelled after the British system, featuring competitive recruitment and political neutrality. The concept of fundamental rights, inalienable to a person and protected by the constitution, was inspired by the US Constitution's Bill of Rights. The Indian Constitution also borrows the idea of a President who serves as the head of state and exercises executive powers from the US Constitution. The philosophy of the Directive Principles of State Policy was influenced by the Irish Constitution, and the federal structure of government was borrowed from the Canadian Constitution. The Indian Constitution also includes a provision borrowed from Japan, which allows for the limitation of certain fundamental rights during emergencies.
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Frequently asked questions
The Indian Constitution is a set of laws and rules that establish the machinery of the Government of India. It defines and determines the relationships between the different institutions and components of the government, the executives, the legislature, the judiciary, the central, and the local government.
The Indian Constitution was adopted on 26 November 1949 and came into force on 26 January 1950.
The Indian Constitution has borrowed features from various sources, including the Government of India Act 1935, the British Constitution, the US Constitution, the Irish Constitution, and the Canadian Constitution. Some specific examples of borrowed features include:
- The concept of fundamental rights from Germany.
- The idea of a written constitution from the US.
- The parliamentary system of government from Britain.
- The federal structure of government from Canada.
- The limitation of certain fundamental rights during emergencies from Japan.
The Constituent Assembly of India borrowed features from other constitutions to incorporate proven practices and principles while tailoring them to India's specific needs, historical perspective, geographical diversity, and cultural and traditional characteristics.
While the Indian Constitution has borrowed features from other constitutions, it is unique in its content and spirit. It is the longest written constitution in the world, with 448 articles, and reflects India's historical, social, and political context.
