Malcolm Rivera
The Indian Constitution has borrowed several key features from the Irish Constitution, including the concept of Directive Principles of State Policy (DPSP), the method of election of the President, and the nomination of members to the Rajya Sabha. However, one feature that has not been borrowed from the Irish Constitution is the post of Vice-President. The concept of the Vice-President of India is inspired by the Vice-President of the United States of America, making it the only feature in the Indian Constitution that is not borrowed from its Irish counterpart.
| Characteristics | Values |
|---|---|
| Post of Vice-President | Not borrowed from the Irish Constitution |
| Directive Principles of State Policy (DPSP) | Borrowed from the Irish Constitution |
| Method of Election of the President | Borrowed from the Irish Constitution |
| Nomination of Members to the Rajya Sabha | Borrowed from the Irish Constitution |
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What You'll Learn
Post of Vice-President
The Irish Constitution, which came into force on 29 December 1937, outlines the role of the President of Ireland, who is the head of state. The President is elected directly by the people of Ireland and serves a seven-year term in office, with no President serving more than two terms. The President represents all the people of Ireland, both at home and abroad, and is the Supreme Commander of the Irish Defence Forces.
The President has a number of formal powers and functions, many of which can only be exercised on the advice of the Government. However, there are some areas in which the President has absolute discretion, such as referring a Bill to the Supreme Court for a judgment on its constitutionality or refusing to dissolve the Dáil Éireann (the lower house of parliament) on the advice of a Taoiseach (Prime Minister) who has lost the support of a majority. The President also has the power to convene a meeting of either or both Houses of the Oireachtas (the National Parliament), although this power has never been exercised.
The President plays an important role in appointing people to various offices of state, including the Taoiseach, government ministers, and judges. The President also appoints the Attorney General, the Comptroller and Auditor General, and commissioned officers of the Defence Forces.
While the President's role is largely apolitical, there is a discrepancy between the English and Irish language texts of the Constitution regarding the President's powers, with the English version granting the President powers exercised "in his absolute discretion" and the Irish version stating that these powers are exercised "under his own counsel". This discrepancy has led to controversy over whether the President can be contacted by leaders of political parties.
The Irish Constitution does not include a post of Vice-President, and the President does not have a deputy. Instead, the President's role is largely ceremonial and non-executive, with the Taoiseach serving as the head of government and exercising many of the executive functions.
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Proportional representation system
The Proportional Representation–Single Transferable Vote (PR-STV) system is a candidate-based voting system used in Ireland. Voters rank candidates in order of preference, and their votes are transferred according to these preferences until a candidate reaches the quota and is elected. This system ensures that the results reflect the voters' preferences as closely as possible.
PR-STV was first used in Ireland during the 1919 Sligo by-election, and it was celebrated as "a thoroughly workable system" that provided "the Magna Carta of political and municipal minorities". In 1920, it was used for local elections and was enshrined in the Government of Ireland Act. After Ireland gained independence, PR-STV was adopted for Irish Free State elections in 1922. The use of PR-STV was further entrenched in the Irish Constitution, which was ratified by the people in a referendum on 1 July 1937 and came into force on 29 December 1937.
Today, PR-STV is used for almost every election in Ireland, including mayoral elections. Voters can choose to vote for as many or as few candidates as they like, ranking them in order of preference. A voter's first preference is always counted, and their second and further preferences may be counted if their preferred candidate is eliminated or elected with a surplus. These second and further preferences can play a crucial role in determining the election results.
The PR-STV system has been praised for its ability to provide proportional representation, ensuring that the election results reflect the diverse views and preferences of the electorate. It allows for the representation of minorities and smaller political parties, and it encourages candidates to seek a broader base of support beyond just their core constituents.
However, some critics argue that the PR-STV system can lead to more complex and lengthy vote-counting processes, especially when compared to simpler plurality systems. Additionally, in some cases, voters may feel that their vote is less impactful or that their preferred candidate has a lower chance of being elected, especially if their first preference is for a less popular candidate.
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Directive Principles of State Policy
The Directive Principles of State Policy (DPSP) are guidelines for the state to follow in the governance of the country. The Indian Constitution has borrowed this feature from the Irish Constitution, which first appeared in the Irish Constitution of 1937.
The Directive Principles of State Policy are listed in Part IV of the Indian Constitution, from Articles 36 to 51. They provide that it is the duty of the State to apply these principles in the process of law-making. The DPSPs are non-justiciable, meaning they are intended to guide political action and inspire socio-economic equality, rather than being legally enforceable rights. This is reflected in Article 45 of the Irish Constitution, which states that the principles outlined therein are for the "general guidance of the Oireachtas" and "shall not be cognisable by any Court under any of the provisions of this Constitution".
The Indian Constitution is often described as a blend of various constitutional sources, and the Irish Constitution is one of its significant sources of borrowing. In addition to the DPSPs, the Indian Constitution also borrowed the method of electing the President and the nomination of members to the Rajya Sabha from the Irish Constitution.
However, it is important to note that the Indian Constitution did not borrow the concept of the Vice-President from the Irish Constitution. Instead, the idea for this position came from the Vice-President of the United States of America.
The Directive Principles have also influenced other constitutions, such as the previous Constitution of Nepal (1962) and the Constitution of the Union of Burma (1947).
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Nomination of members to the Rajya Sabha
The Indian Constitution has borrowed several key features from the Irish Constitution, including the nomination of members to the Rajya Sabha. The process of nominating members to the Upper House (Rajya Sabha) by the President is influenced by the Irish model.
The Rajya Sabha, or the Council of States, is the upper house of the Indian Parliament. It is a permanent body that cannot be dissolved, and it plays a crucial role in the law-making process and safeguarding regional interests. The council has a maximum sanctioned strength of 250 members, which can be increased by constitutional amendment. However, the current strength is 245 members, with 233 elected representatives of the states and union territories and 12 nominated members. These 12 members are chosen by the President of India for their outstanding contributions to fields such as art, literature, science, and social service. They are appointed to ensure that diverse expertise and perspectives are represented in the Rajya Sabha.
The nomination process for the Rajya Sabha is an important aspect of India's democratic system, allowing for the inclusion of experts and specialists who may not otherwise be represented through direct elections. This process, inspired by the Irish Constitution, contributes to the richness and diversity of the Indian Parliament.
It is worth noting that while the Indian Constitution has borrowed from various sources, including the Irish Constitution, it is a unique blend of different constitutional models adapted to suit India's specific context. The influence of the Irish Constitution on the nomination process for the Rajya Sabha is just one example of the borrowing of constitutional ideas from around the world.
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Procedure for electing the President
The President of Ireland (Uachtarán na hÉireann) is the head of state and is elected directly by the people of Ireland. The procedure for electing the President is as follows:
Firstly, to be eligible for election as President, one must be an Irish citizen aged 35 or older. Nominations must be received from at least 20 members of the Oireachtas (TDs or Senators) or at least four local authorities (county or city councils). Former or retiring Presidents who have only served one term can nominate themselves for a second term.
Secondly, the election must take place within 60 days before the current President's term of office expires. If the current President resigns, becomes incapacitated, is removed, or dies, an election must be held within 60 days. The dates during which candidates may be nominated and the date of the election are fixed by an order made by the Minister for Housing, Local Government, and Heritage.
Thirdly, voting takes place via secret ballot, with each ballot paper showing a list of candidates in alphabetical order alongside a description. Voters rank candidates in order of preference, with '1' for their first preference, '2' for their second preference, and so on. Voters can choose to rank as many or as few candidates as they wish. If there is only one candidate, they are deemed elected without a poll.
Finally, the winner of the election is declared, and the newly elected President takes up office the day after the expiration of the outgoing President's term.
The procedure for electing the President of Ireland has served as a reference point for other countries, such as India, when drafting their constitutions. Notably, India's Constitution borrows from Ireland's provision of Directive Principles of State Policy (DPSP), which outlines guidelines for the state to follow in ensuring social and economic justice.
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Frequently asked questions
The Post of Vice-President. This provision was inspired by the Vice-President of the United States of America.
The Directive Principles of State Policy (DPSP).
The DPSP is a blueprint of the constitution, laying out guidelines for the state to follow in the governance of the country.
The method of electing the President and the nomination of members to the Rajya Sabha.
Several countries in Africa, Asia, and the Caribbean used the Irish Constitution as a reference point for writing their constitutions after gaining independence from colonial rule.
