Malcolm Rivera
The Indian Constitution, which came into effect on 26 January 1950, is regarded as one of the most comprehensive and lengthy constitutions in the world. It is a unique document that draws inspiration from various sources, including the Government of India Act 1935, the British Constitution, and the constitutions of other countries such as Australia, the USSR, Japan, France, and South Africa. While some critics describe it as a 'bag of borrowings', others argue that it is not a simple copy-paste job, but rather a conscious adoption and improvisation of strong provisions from various sources, adapted to suit the Indian context.
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What You'll Learn
The Indian Constitution is not a carbon copy
The Indian Constitution is a unique document that is the result of dedicated learning and hard work by its makers. It is not a carbon copy of existing constitutions of the world. During India’s independence, a quick constitution was needed to unite and free the country. The framers of the Indian Constitution borrowed features from various sources, including previous legislation such as the Government of India Act of 1858, 1919, and 1935, the Indian Independence Act of 1947, and the Indian Councils Acts of 1861, 1892, and 1909. They also drew inspiration from the constitutions of other countries, including Britain, the United States, Ireland, Australia, the Soviet Union, Japan, France, and South Africa.
However, it is important to note that the Indian Constitution is not a simple copy-and-paste job. The framers of the constitution made necessary modifications to the borrowed features to suit the Indian conditions and avoid their faults. It was a process of selective adaptation, improvisation, and creative adoption of strong provisions from around the world for Indian society. The constitution also took into account the historical perspective of Indian nationalist struggles, the geographical diversity of India, and its traditional characteristics.
The Indian Constitution is the longest written constitution for a sovereign nation in the world. At its enactment, it had 395 articles in 22 parts and 8 schedules, which have now increased to 448 articles. In comparison, the American Constitution has only seven articles, while the Australian Constitution has 128. The Indian Constitution is also unique in its content and spirit, espousing constitutional supremacy rather than parliamentary supremacy. It is a living document that has evolved with the changing times, remaining relevant and sensitive to contemporary developments. For example, the Right to Privacy and the Panchayati Raj system are modern additions to the constitution.
Furthermore, the Indian Constitution envisages not only rights but also Fundamental Duties of all citizens of India, which is a strong reference from the British Constitution to constitute a sovereign and parliamentarian system. The Indian Constitution also differs from the British Constitution in that there is no supreme king or queen in India, and the President is the Head of State and the supreme commander of the armed forces. These distinctions showcase how the Indian Constitution is not a carbon copy of any existing constitution but rather a carefully crafted document that suits the specific needs and conditions of the country.
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It is a unique, living document
The Indian Constitution is a unique, living document that has evolved with the changing times. It is the result of dedicated learning and brainstorming by its makers, who meticulously incorporated the best practices and ideas from around the world, adapting them to suit the Indian context. This rich amalgamation of borrowed provisions has made the Indian Constitution a truly unique and comprehensive document, catering to the diverse needs of the nation.
The Indian Constitution is the lengthiest written constitution in the world, with 448 articles, and it continues to evolve with amendments that reflect the changing times. It is a detailed and complex document that sets out the framework and principal functions of the government, defining the powers and responsibilities of the state and its relationship with the people.
The constitution draws inspiration from various sources, including the Government of India Act, 1935, the British Constitution, the Irish Constitution, the French Constitution, and the Canadian Constitution, among others. However, it is not a simple copy-paste job. The framers of the Indian Constitution adapted and modified the borrowed provisions to make them suitable for Indian conditions, avoiding their flaws and incorporating local cultural institutions and values.
The constitution's ability to evolve and adapt to contemporary developments is evident in the inclusion of the Right to Privacy, Panchayati Raj system, and special provisions for marginalised communities. It is a living document that remains relevant and sensitive to the needs and ambitions of the country and its people.
The Indian Constitution is a remarkable document that strikes a balance between western modernity and traditional Indian values. It is a testament to the hard work and dedication of its framers, who created a constitution that is uniquely suited to a country with such cultural, economic, and geographic diversity.
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It draws from the best provisions of other constitutions
The Indian Constitution is the longest written constitution in the world. It is a unique document, the product of three years of hard work by the Constituent Assembly. While it did draw from the constitutions of other countries, it is inaccurate to say that it is merely a "bag of borrowings". The Constituent Assembly carefully studied and selected provisions from other constitutions, adapting them to suit India's unique needs and context.
The Indian Constitution includes provisions borrowed from the British, such as the parliamentary government, rule of law, legislative procedure, single citizenship, and cabinet system, which were adopted from the British Westminster system. However, these provisions were not copied verbatim but were adapted to fit India's cultural and traditional characteristics. For example, the concept of "single citizenship" was adapted to allow for a more inclusive definition of citizenship in the Indian context.
The Indian Constitution also draws from the Government of India Act 1935, which was enacted during the British rule in India. This Act influenced structural elements of the Indian Constitution, including the federal system, the judiciary, and the post of governor. The Constituent Assembly carefully assessed the Act and adopted provisions that aligned with India's diversity and aspirations.
Additionally, the Indian Constitution borrows from the Irish Constitution, including the Directive Principles of State Policies (DPSPs). These principles provided a framework for the Indian government to address economic, social, and political issues. The US Constitution also served as a source of inspiration, particularly for the Fundamental Rights enshrined in the Indian Constitution.
The framers of the Indian Constitution also looked to other countries for specific provisions. For example, the concept of fundamental duties and the ideal of justice (social, economic, and political) in the preamble were borrowed from the Soviet Constitution (USSR, now Russia). The concurrent list, freedom of trade, commerce and inter-course, and joint sitting of the two houses of parliament were adopted from the Australian Constitution.
In conclusion, while the Indian Constitution does draw from the provisions of other constitutions, it is not a mere copy. The Constituent Assembly carefully studied and selected the best provisions, adapting them to suit India's unique historical, cultural, and geographical context. This process of selective adaptation resulted in a constitution that is uniquely Indian in its content and spirit.
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It is adapted to suit India's diverse needs
The Indian Constitution is a dynamic and adaptable document that reflects India's complex diversity and evolving socio-political landscape. It is the supreme law of the country, outlining its governance framework, rights, and duties. It establishes India as a sovereign, socialist, secular, democratic republic, ensuring justice, liberty, equality, and fraternity for its citizens.
The Constitution's adaptability is evident in its ability to evolve with changing times, remaining relevant and sensitive to contemporary developments. For example, the right to privacy and the Panchayati Raj system are reflections of this adaptability. The Constitution's borrowed elements were carefully modified to suit India's diverse needs, ensuring its relevance and enduring significance in shaping the nation's democratic principles and institutions.
The Indian Constitution is the lengthiest written constitution in the world, with 448 articles, a preamble, and 12 schedules as of 2019. Its length can be attributed to the need to accommodate the country's vast diversity, a single constitution for both the Centre and the States, and the presence of legal experts in the Constituent Assembly. The Constituent Assembly of India drafted the constitution, considering the features of other constitutions and the Government of India Act 1935.
The Constitution's sources include the British, American, Irish, Canadian, and other constitutions, reflecting India's diverse legal heritage and democratic ideals. It borrows from various models of governance, including parliamentary systems, federal structures, and the inclusion of fundamental rights and duties. The framers of the constitution made necessary modifications to suit the Indian context, avoiding the faults of other systems while adopting their strengths.
The Indian Constitution is a unique blend of rigidity and flexibility, providing a stable framework while allowing for necessary amendments to accommodate changing societal needs and values. It fosters national unity by recognizing and respecting the diversity of its populace while promoting a sense of common citizenship and allegiance to the nation.
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It is a result of dedicated learning and brainstorming
The Indian Constitution is often referred to as a "bag of borrowings" or a "borrowed constitution" due to the influence of various international laws and constitutions on its content. It is the lengthiest written constitution in the world, and its creators spent over two years studying and drafting it to suit the needs and characteristics of India.
The Indian Constitution was drafted by the Constituent Assembly, which consisted of 389 members representing provinces, states, chief commissioner provinces, and Baluchistan. It was adopted on 26 November 1949 and came into effect on 26 January 1950. The Assembly worked meticulously to incorporate and adapt the best practices and ideas from around the world to suit the Indian context. This process of selective adaptation resulted in a unique and comprehensive document that catered to the diverse needs of the nation.
The Indian Constitution draws inspiration from various sources, including the Government of India Act, 1935, which was the governing document during British rule. It borrowed several features from this Act, including federalism, the office of the governor, emergency provisions, judiciary, and public service commissions. Additionally, certain principles were adopted from the British Constitution, such as parliamentary government, rule of law, legislative procedures, single citizenship, and fundamental rights.
The framers of the Indian Constitution also looked to other countries for inspiration. For example, the concept of liberty, equality, and fraternity, as well as the ideals of the French Revolution, were borrowed from the French Constitution. The idea of a federation with a strong centre, the appointment of state governors by the centre, and the advisory jurisdiction of the Supreme Court were influenced by the Canadian Constitution. The South African Constitution inspired the concept of the concurrent list, which allows both the centre and states to legislate on certain subjects.
The Indian Constitution also includes provisions borrowed from the Irish Constitution, such as the directive principles of state policy, the nomination of members to the Rajya Sabha (Upper House), and the method of amending the constitution. The Soviet Constitution (USSR, now Russia) influenced the inclusion of fundamental duties and the ideal of justice (social, economic, and political) in the preamble.
While the Indian Constitution draws inspiration from various sources, it is not a simple copy-and-paste job. The framers of the constitution made necessary modifications to suit the Indian context and avoid the flaws they saw in other constitutions. It is a result of dedicated learning and brainstorming, with the Constituent Assembly working tirelessly to create a document that reflects the historical perspective, geographical diversity, and traditional characteristics of India.
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Frequently asked questions
The Indian Constitution is called a bag of borrowings because it draws inspiration and provisions from various sources.
The sources of the Indian Constitution lie in the Government of India Act 1935, and the constitutions of other countries like Britain, Ireland, the US, France, Japan, Australia, Canada, South Africa, and Russia.
Some of the borrowed features of the Indian Constitution include federalism, the office of the governor, emergency provisions, judiciary, public service commissions, parliamentary government, rule of law, legislative procedures, single citizenship, and fundamental rights.
The framers of the Indian Constitution meticulously incorporated the best practices and ideas from around the world, adapting them to suit the Indian context.
No, the Indian Constitution is not a copy of other constitutions. It is a unique document drafted after years of hard work by the Constituent Assembly. The borrowed provisions were adapted and modified to suit the Indian context, and the Constitution also includes concepts found in ancient Indian history and scriptures.
