Isabella Carter
The Indian Constitution is the lengthiest written constitution in the world, with 448 articles, and is unique in its content and spirit. However, it does contain provisions borrowed from other constitutions. The Constituent Assembly took the best features from other constitutions and modified them to suit India's specific needs and context. One feature borrowed from the USA is freedom of trade and commerce between the states.
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What You'll Learn
Freedom of trade and commerce between states
The Indian Constitution came into existence on 26 November 1949. It is a unique document that was drafted after three years of hard work by the Constituent Assembly of India. The Assembly considered the features of other constitutions as well as the historical perspective of Indian nationalist struggles, the country's geographical diversity, and its traditional characteristics. The Indian Constitution is the most detailed in the world, with 448 articles, compared to the seven articles of the American Constitution and the 128 articles of the Australian Constitution.
The Indian Constitution includes provisions for the freedom of trade, commerce, and intercourse, which are covered under Part XIII of the Indian Constitution in Articles 301 to 307. Article 301 lays down the general principles of trade and commerce, stating that trade, commerce, and intercourse should be free throughout the territory of India. This includes the transportation of goods and services exchanged between the buyer and the seller. The word "intercourse" was included to remove ambiguity about the intention of the Constitution makers, expressing their intention that the free flow of goods throughout the country is part of the freedom guaranteed under Article 301.
However, it is important to note that the freedom guaranteed under Article 301 is not absolute. Article 302 gives power to the Parliament to impose restrictions on the freedom of trade, commerce, or intercourse carried on within a state or across states. These restrictions can be imposed in the interest of the public, and Parliament has the sole power to decide what constitutes the interest of the public. Additionally, Article 303(1) restricts Parliament from making any law that would give one state a more favourable position than another in trade and commerce.
The inclusion of these provisions in the Indian Constitution was influenced by the Australian Constitution, specifically Section 92, which guarantees the freedom of trade, commerce, and intercourse, including ocean navigation and internal carriage. By adopting these provisions, the makers of the Indian Constitution aimed to encourage the free flow of trade and commerce within the country, promoting economic unity and integration, which they believed would sustain the stability and cultural unity of the federal polity.
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Independence of the judiciary
The Indian Constitution, which came into existence on 26 November 1949, is a unique document drafted by the Constituent Assembly of India. The Assembly considered the features of constitutions of other countries, such as the Government of India Act 1935, and borrowed those that suited India's problems and aspirations. One such feature borrowed from the USA is the independence of the judiciary.
Judicial independence is the concept that the judiciary should be independent of the other branches of government. This means that courts should not be subject to improper influence from other branches of government or from private or partisan interests. It is a pillar of economic growth and a foundation for the rule of law and democracy. It is indispensable in a democratic system of governance and is of prime necessity for the Rule of Law to prevail.
The Indian Constitution assures judicial independence through its constitution but may also be assured through legislation, conventions, and other suitable norms and practices. The responsibility of a judge to constitutional and legal norms forms the foundation and rationale for judicial independence. An independent judiciary can stand as a bulwark for the protection of the rights of individuals and can mete out justice without fear or favour.
However, the concept of independence is relative and is generally applied in functional terms. The independence of the judiciary is fragile and constantly needs to be guarded against unexpected events and changing social, political, and economic conditions. For example, in transitional and developing countries, spending on the judiciary may be controlled by the executive, creating a financial dependence that undermines the principle of judicial independence.
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Parliamentary form of government
The Indian Constitution, which came into existence on 26 November 1949, is the most detailed constitution in the world. It was drafted by the Constituent Assembly of India, which considered the features of other countries' constitutions, as well as the Government of India Act 1935. The Assembly took the best features from other constitutions and adapted them to suit India's unique problems and aspirations, geography, and traditional characteristics.
One of the features borrowed from other constitutions is India's parliamentary form of government. This was taken from the British Constitution, though some sources state it was borrowed from the USA. In a parliamentary system, the party or coalition of parties with the greatest representation in parliament forms the government, and its leader becomes the prime minister. The head of state is usually a ceremonial role, with a figurehead such as a king or queen in a constitutional monarchy, or a president in a parliamentary republic. The head of government, the prime minister, is selected by the parliament and can be removed from power if they lose the confidence of a majority of the ruling party or parliament.
Parliamentary democracy is the dominant form of government in the European Union, Oceania, and throughout the former British Empire, with other examples scattered throughout Africa and Asia. It is also called the Westminster system of government, with an executive answerable to the lower house of a bicameral parliament. The Indian Parliament is currently divided into three major parts and follows bicameralism, with the upper house known as the Rajya Sabha, and the lower house known as the Lok Sabha.
Advocates of the parliamentary system claim it is more efficient and democratic than a presidential system, as it is not slowed down by checks and balances among power-sharing departments, and a government can be voted out of office immediately if it loses favour with the people.
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Directive principles of state policy
The Directive Principles of State Policy (DPSP) are guidelines enshrined in the Indian Constitution, which act as a directive for the state in governance and policy-making. They are inspired by the Directive Principles in the Irish Constitution, which relate to social justice, economic welfare, foreign policy, and legal and administrative matters. The DPSPs are non-justiciable and legally non-enforceable, meaning they cannot be enforced by the courts, but they are still considered fundamental to the governance of India and serve as moral and political directives.
The DPSPs aim to establish a welfare state and social and economic democracy, with the ultimate goal of ensuring the well-being and dignity of Indian citizens. They outline the socio-economic objectives that the state must pursue, such as ensuring a decent standard of living, promoting public health, and eradicating inequalities in income and status. The DPSPs also empower the opposition to scrutinise and influence government policies and allow citizens to evaluate the performance of the government.
The DPSPs are dynamic and evolving, addressing emerging socio-economic challenges and adapting to the changing needs of society. They are not static principles but are designed to allow for innovation and adaptation in governance strategies. This is reflected in the fact that while an existing policy in line with DPSP cannot be reversed, it can be expanded upon.
The DPSPs are enshrined in Articles 36 to 51 in Part IV of the Constitution. While they are not legally enforceable, they are still considered fundamental, with the duty of the state to apply these principles in law-making. This is outlined in Article 37 of the Constitution.
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Uni-cameralism
The Indian Constitution, which came into existence on 26 November 1949, is the most detailed constitution in the world. It was drafted by the Constituent Assembly of India, which considered the features of other nations' constitutions, as well as the Government of India Act 1935, to suit the Indian context. The Indian Constitution has borrowed features from various countries, including the USA, Canada, Ireland, Australia, France, Germany, South Africa, and Japan.
One feature borrowed from the USA is unicameralism. Unicameralism is a type of legislature consisting of a single house or assembly that legislates and votes as one. It is derived from the Latin "uni", meaning one, and "camera", meaning chamber. Unicameralism has gained popularity among modern democratic countries, with approximately half of the world's sovereign states adopting this system. It is seen as more democratic and effective, offering advantages such as uniformity and unity in the legislature. Proponents argue that it ensures that laws reflect the opinion of the people, as there cannot be two opinions on the same subject.
The principal advantage of a unicameral system is more efficient lawmaking. The legislative process is simpler, and there is no risk of deadlock between two chambers. Additionally, unicameralism can reduce costs, even if the number of legislators remains the same, as there are fewer institutions to maintain financially. Some countries, like New Zealand and Denmark, transitioned to unicameralism by abolishing one of the two bicameral chambers, while others, like Sweden, merged the two chambers into one.
However, critics of unicameralism argue that having two legislative chambers, as in bicameralism, provides an additional restraint on the majority. Supporters of bicameralism believe that it offers a more balanced representation of diverse interests and perspectives and it serves as a check against hasty or impulsive decisions. Nonetheless, proponents of unicameralism counter that there are alternative ways to restrain majorities, such as through non-partisan courts and a robust constitution.
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Frequently asked questions
The Indian Constitution borrowed the idea of freedom of trade and commerce between states from the USA.
The Indian Constitution is a unique document that came into existence on 26 November 1949 and came into effect on 26 January 1950. It is the lengthiest written constitution in the world, consisting of 448 articles, a preamble, and 8 schedules.
The Indian Constitution has a parliamentary form of government borrowed from the British Constitution. It also has provisions borrowed from other countries, including the concept of federalism from Canada, the principle of liberty from France, and fundamental duties from the USSR Constitution.
