Drawn from Various Sources

The Indian Constitution is the longest written constitution of the world. It came into effect on January 26, 1950. However, considering the breadth and diversity of the country, its length and intricacy are absolutely reasonable. At the time of independence, India was not only vast and diverse, but also a deeply divided country.

A constitution that would uphold the values of the diverse country required to be sophisticated, well-thought-out and meticulously constructed. It should intend to heal past and present wounds by bringing together all Indians irrespective of class, caste and community in a cooperative political experiment. Another goal was to establish democratic institutions in a society dominated by authority and obedience.

The Indian Constitution was prepared between December 1946 and November 1949. During this time, the suggestions were considered in India’s Constituent Assembly, clause by clause. Overall, the Assembly was a success, hosting eleven sessions over a period of 165 days. Various committees and subcommittees worked on revising and refining the papers in-between sessions.

You all have read about the Indian Constitution in political science textbooks and also witnessed how it has functioned over the decades since independence. In this essay, we will look at how the Indian Constitution was created and the sources from where it drew its  inspirations. We will also study the history behind the drafting of the constitution. 

We can achieve a sense of the process by which the constitution was created and the vision of the new nation developed if we focus on the voices within the Constituent Assembly.

A Glimpse of the Important Sources of the Indian Constitution 

The Indian Constitution was drawn from various sources, which may be discussed as follows:

The Government of India Act 1935: 

• Federal plan
• Provisions for emergencies
• Commissions of Public Service
• Governor’s Office
• Judiciary
• Administrative Specifics

The US Constitution:

• Preamble
• Fundamental rights of freedom
• The federal government structure
• College of Electors
• Separation of Powers and Independence of the Judiciary 
• Review by the courts
• The President serving as the Supreme Commander of the Armed Forces.
• Equal legal protection

British constitution:

• Government  by Parliament
• Concept of a single citizenship
• The Rule of Law
• Writs
• Speaker’s Institution and Role
• Legislative processes
• Due Process of Law

Constitution of Ireland (Ireland)

• Directive Principles of State Policy
• Members of the Rajya Sabha are nominated.
• Method of Presidential Election

Constitution of Australia

• Freedom of trade and commerce inside and between countries
• Power of the national legislature to enact legislation and execute treaties, even though the subject falls beyond the purview of federal jurisdiction.
• List of Concurrent Events

Constitution of France

• The term Republic and the values of Liberty, Equality, and Fraternity 

Constitution of South Africa

• Modification Procedure
• Elected Members of Rajya Sabha 
• Article 51-A Fundamental Duties
• A constitutionally mandated Planning Commission to supervise economic development

Constitution of Germany 

• The Union will have emergency powers.
• Fundamental rights to be suspended during an emergency.

Constitution of Japan

• The Law Establishes the Procedure
• Fundamental Responsibilities
• Concept of social, economic, and political justice.

What makes the Indian Constitution different from all other constitutions of the world? 

The unique features of the Indian Constitution that distinguish it from all other constitutions of the world are:

1. The longest constitution: It is the world’s longest written constitution. It consists of 395 articles and 12 schedules. Since 1951, around 90 articles have been added, as well as over 100 amendments have been made.

However, because the articles are not introduced independently but rather as part of an existing article, the overall number of articles remains the same.

2. The Preamble: The Preamble of the Constitution of India contains the constitution’s aims, objectives, and fundamental principles. The key components of the constitution have evolved both directly and indirectly from the Preamble’s intentions.

It declares India to be a Sovereign Socialist Secular Democratic Republic and a welfare state dedicated to ensuring justice, liberty, and equality for the people, as well as encouraging fraternity, individual dignity, and national unity and integrity.

The Preamble describes the nature of the Indian state and the goals it is dedicated to achieving for the people.

3. System of Democracy: The sovereignty of the people underpins the government’s authority. People have equal political rights. Elections for governments are held in a free, fair, and regular manner. India is a democratic republic. The Preamble establishes India as a republic. India is neither controlled by a king nor a hereditary head of state. The government is nominated by the people. The President of India is an elected head of the state who holds power for a definite period of five years..

Conclusion

Irrespective of its shortfalls, the Constitution of India is like a bouquet of the best flowers plucked from different gardens of the world. Diverse legal systems have evolved in different ways, resulting in a variety of legal concepts as a result of evolution. The constitution-makers justified and vigorously defended the borrowings.