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Everything you need to know about CLAT: Registration, Syllabus, Admit Card, Exam Pattern, and Dates » CLAT Study Material » Legal Reasoning » Features Borrowed from Irish Constitution
CLAT Scholarship

Features Borrowed from Irish Constitution

This article will highlight the Features Borrowed from Irish Constitution to Indian Constitution along with need and significance.

Table of Content
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The Irish constitution is a written document which came into effect after it became independent from British Rule. The Irish constitution was another example of the successful effort made by a people to build their own constitutional democracy. In many ways the Irish constitution was also looked up to, especially in Latin American countries as there were many similarities between the two. When India gained independence from Britain in 1947 and after that when some countries in Africa, Asia and Caribbean became free of colonial rule, they used the Irish constitution as a reference point for writing their own constitution.

What all Features were borrowed from the Irish Constitution?

1) Concept of Directive Principles of State Policy which Ireland borrowed from Spain

2) Procedure and Method of Nomination of members in Rajya Sabha by the President

What are Directive Principles of State Policy?

The Directive Principles of State Policy (DPSP) is something like the ‘blueprint of the constitution’. In other words, DPSP lays down the objectives which are to be achieved by the State by following some guidelines in order to ensure social and economic justice in the country. The most significant feature of DPSP is that they are unenforceable in a Court of Law. That is to say, the court is not bound by DPSP and it has no power to enforce these directives. However, the Court can enforce fundamental rights in accordance with DPSP.

Procedure and Method of Nomination of members in Rajya Sabha by the President:

The President of India not only selects the Prime Minister, but he also nominates the members of Rajya Sabha. As per Article 63 of Indian constitution, the President can also nominate 5-10 members to be nominated to Rajya Sabha by him. The president of India always bases his nomination on the recommendations made by the party in power and requires two-thirds majority in Rajya Sabha for their nominees to be elected as a member of Rajya Sabha.

Significance of Indian Constitution:

Though India was not the first country to have a written Constitution, it was certainly the first large one to have a written constitution. Having a written constitution can change the way of thinking and approach of a society towards its government. Hence India is considered as one of the first countries which gave importance to democracy and constitutional rule by having its own constitution.

The Indian constitution had several features taken from the Irish constitution as well as other constitutions which were modelled on it.

Features of Indian Constitution:

1) Separation of Legislature and Executive

2) Cabinet System of Government

3) Fundamental Rights which are enforceable by the Court

4) Provincial Autonomy, Central Autonomy and Special Status for Provinces

5) Fundamental Duties to the Indian Motherland

6) National Language and Official Languages (Hindi-Urdu-English)

7) Maintenance of Union During Suspension of Dissolution

8) Equality of Status, Justice and Security for All Citizens

Conclusion:

 There are many similarities between the Indian constitution and Irish constitution, which have been discussed in this article. When compared with the other countries, India has its own unique identity because it has had a unique culture since ages and being part of a British colony for so long had made us understand the need for independence a century before others. What is most interesting about the Indian constitution is the fact that it succeeded in having a separation of legislature and executive similar to that of the American Constitution, but yet managed to maintain an independent judiciary. India’s system of government is based on strong federalism where each state holds great autonomy. The Indian Constitution also provides protection for everyone who lives within its precincts.

faq

Frequently asked questions

Get answers to the most common queries related to the CLAT Examination Preparation.

What is the difference between Fundamental Rights and Directive Principles contained in the Indian Constitution?

Ans : The Fundamental Rights are justiciable, which means that violation of fundamental right will ...Read full

What is the Significance of DPSP?

Ans : DPSP is in the form of Articles 36 to 51 of Indian constitution. These are not enforceable by...Read full

Is there any conflict between Fundamental Rights and Directive Principles?

Ans : As mentioned previously both are equal in stature, but yet a little different. There is no co...Read full

Why was there a need for DPSP?

Ans : DPSP helps to provide guidelines for the State so that it can act in an appropriate manner in...Read full

Ans : The Fundamental Rights are justiciable, which means that violation of fundamental right will certainly result in a legal action against the concerned party. On the contrary, Directive Principles are non-justiciable, which means that violation of these directive principles by no means can be considered as an offense by law.

Ans : DPSP is in the form of Articles 36 to 51 of Indian constitution. These are not enforceable by the Court, however these are just guidelines as to how the state should act in its capacity as an agent acting on behalf of its citizens.

Ans : As mentioned previously both are equal in stature, but yet a little different. There is no conflict between both of them because rights can be enforced by law whereas directives cannot be enforced by law.

Ans : DPSP helps to provide guidelines for the State so that it can act in an appropriate manner in order to fulfill its obligations towards its citizens.

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