Sources of Indian Constitution—
Our Indian Constitution has been inspired from the then constitutions across the world and accordingly the relevant provisions/ aspects/ concepts as suitable to the Indian political/ administrative/ judicial set-up have been given preferences in Indian Constitution. The inspired provisions are as under-
No. |
Source |
Provisions |
1 | Govt. of India Act, 1935 | It is the main source (70%) of the Indian Constitution. Almost 200 Sections wholly or with partly modification included in the Constitution. |
2 | British Constitution | – Parliamentary system
– Collective responsibility of Council of Ministers – Parliamentary privileges – Single citizenship – Rule of law – Constitutional status of President |
3 | U.S.A. Constitution | – Concept of federalism
– Impeachment procedure of President. – Supremacy of Constitution – Provisions relating to Vice-President – Fundamental rights – Judicial review – Independent judiciary |
4 | Canada | – Federation with a strong centre
– Residuary powers of Centre |
5 | Ireland | – Directive Principles of State Policy
– Method of election of President – Nomination of members of Rajya Sabha on the ground of arts, science, literature, social services. |
6 | USSR | Fundamental duties |
7 | France | Idea of Republic |
8 | Germany | Emergency and its effect on fundamental rights |
9 | Australia | – Concurrent list of 7th Schedule
– Preamble – Distribution of powers between Centre and States – Trade, commerce and intercourse |
10 | Japan | Procedure established by law |
11 | South Africa | Constitutional amendments |
Besides all these above incorporation, in many aspects Indian Constitution is completely new, e.g., universal adult suffrage, Panchayat, municipalities, co-operative societies.
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Prepared by Team LegalMines. The copyright is with the team LegalMines.