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Different Sources of Indian Constitution

The Indian constitution is considered as one of the most important topics for civil service aspirants. This article describes in detail about the sources of the Indian constitution and its other aspects.

On 26 November 1949, the Constituent Assembly adopted the Indian Constitution and the day when it came into effect was 26 January 1950. The Constitution of India acts as the backbone of the democracy in the country. Although the Constitution of India is a unique document drafted after the hard work of the Indian constituent assembly for three years, some features are borrowed from different sources to Indian constitution.  

What are the Different Sources Of Indian Constitution?

You might be looking forward to answering your question- what are the different sources of Indian constitution? Here mentioned are the different sources of the Indian constitution:

Government of India Act 1935: 

This is one of the essential Sources of Indian Constitution. The Indian Constitution is considered the by-product of the act passed by the British government- Government of India Act 1935. This specific act consists of 321 sections and 10 schedules. The British Government took the content of this specific Act from the Simon Commission, the 1933’s White Paper, discussions at the Third Round Table Conference, and reports submitted by the Joint select committees. Some vital features of this act were:

  • Federal Legislature: The Government of India Act 1935 suggested that there should be two houses in the legislature- a Council of States and a Federal Assembly. 
  • Provincial Autonomy: This specific act stated that Provincial Governments should be responsible for only Provincial Legislatures. 

The United Kingdom: 

Another name that comes into the Sources of Indian Constitution list is the Constitution of the United Kingdom. Many concepts and features were borrowed from the Constitution of Great Britain by the Indian Constitution. Some of these are:

  • The rule of law: According to this rule, a state can’t be governed by a representative or people. It is the law of the country that can govern the state. Regarding the Indian Constitution, Article 14 states this particular law. 
  • Parliamentary form of government: The form of government according to which a cabinet of ministers governs the country. Such a cabinet is to be led by the Prime minister of the country. 

The United States of America:

The Constitution of the United States of America is one of the Sources of Indian Constitution through which some following-mentioned features were borrowed:

  • Judicial Review: This provision provides the judiciary with an upper hand to interpret the Indian Constitution. The judiciary has a right to declare any orders null and void if that order conflicts with the Indian constitution. 
  • Fundamental Rights: Fundamental rights are considered the basic rights that every citizen of the country should have to live an equal and better life in the country. Articles 12 to 32 of the Constitution of India specify the fundamental rights.

Ireland:

The provision of Directive Principles of State Policy (DPSP) is the main feature borrowed from the Constitution of Ireland by the Indian Constitution. This particular provision is specified in part 4 of the Indian Constitution. 

Canada:

The Indian Constitution borrowed the provisions of federation with an intense centre, vesting of residuary powers in the centre, the appointment of the governors of state by the centre, and the advisory jurisdiction of the Supreme Court. 

France:

The three ideals: Liberty, Equality, and Fraternity, as mentioned in the Preamble of the Indian Constitution, are borrowed from the Constitution of Canada. Also, the Indian state being recognized as the “Republic of India” is the result of the lineage of the French Constitution.

Australia:

The provision of Freedom of Trade and Commerce within the country’s borders and between the states of the country is borrowed from the Constitution of Australia. Articles 301-307 of the Indian Constitution specify these provisions.

 South Africa and Germany:

The provisions of the amendment and the election of Rajya Sabha procedures are borrowed from the Constitution of South Africa.

The German Constitution provides us with the provision of suspension of fundamental rights in case of any emergency.