Sources of Indian Constitution

Conventions, norms and traditions, an act of parliament, judicial precedents, opinions of writers and elder statesman, judgments of national conferences, international agreements, and military decrees are all examples of sources for the constitution. The written constitution that governs India is the longest one in existence anywhere in the world. On November 26, 1949, the Indian Constitution came into effect. Some of its components are not original. The elements of a number of foreign constitutions that were found to be suitable for the hopes and struggles of the people in India were incorporated into India’s constitution, making it a document with a distinctive characteristic.

The main sources of constitution of India

In India, the Constituent Assembly was established in November 1946 according to the plan devised by the Cabinet Mission Plan. This plan was followed to create the assembly. The Constituent Assembly was going to have both elected and appointed members in it at the same time. The Indian Constitution is a one-of-a-kind document that draws inspiration from the founding documents of a variety of nations. The documents, people, and ideas that had an impact on the development of India’s constitutional framework are collectively referred to as the “sources” of the Indian Constitution.

The founding fathers of the Indian Constitution researched the best constitutions from across the world and took elements from other documents in order to create a document that would address the unique needs and concerns of the Indian people. Parliamentary System and Rule of Law from the British Constitution, Independent Judiciary and Judicial Review, Fundamental Rights from the US Constitution, Federation with a strong Centre by vesting of residuary powers with the Centre from the Canadian Constitution, etc. are examples of some of the borrowed features. Other borrowed features include: Fundamental Rights from the US Constitution, Independent Judiciary and Judicial Review from the British Constitution, and Fundamental Rights from the Canadian Constitution. There was no reluctance whatsoever in gaining knowledge from colonial rule, for example. One of the most important documents that led to the creation of the Indian Constitution was the Government of India Act of 1935. The Government of India Act of 1935 is the source of the Constitution, and many of the clauses in the Constitution are practically verbatim copies of the laws in that act.

The provisions of the 1935 Act that are replicated in Articles 256, 351, 352, 353, and 356 of the Constitution are Sections 126, 107, 102, and 93, respectively.

The basic sources of constitution

The Act of 1935 is where we get the idea for the federal system of government, the autonomy of units, the three lists, the reservation of seats for backward classes, the constitutional connections between the states and the centre, and the Federal Judiciary. The members were going to be chosen in a roundabout way by the members of the provincial assembly, who were going to be chosen using a restricted franchise themselves. It included members from all strata of Indian society to provide complete representation.In spite of the criticism, the Constitution, due to the fact that it is composed of elements collected from

Another source is analogous to a bouquet that has the most beautiful flowers selected from a variety of gardens. Different legal systems have developed in their own unique ways over time, which has resulted in the emergence of a wide variety of legal ideas. The borrowers’ actions have been legitimised and vigorously defended by those who drafted the constitution. Dr. B.R. Ambedkar once remarked the following, which has since become one of his most famous quotes: “Nobody possesses any patent rights in the essential concepts of the Constitution.” The Government of India Act of 1935, which was created as a reaction to the demands of the Indian leaders for democracy, established a framework for the government of India and provided a foundation for the government of India. 

Important source of the Constitution

The Federal Scheme of government, the Office of Governor, the system of the judiciary (including the establishment of a supreme court), the Public Service Commissions, and the Emergency Regulations are all taken directly from the Declaration of Independence. In India, constitutional provisions might be difficult to put into practise. These provisions that were borrowed are either the fundamental provisions or the procedural provisions. The interpretation has been done with Indian culture and society as a backdrop.

 The framers of the Constitution did not set out to create an original document but rather a useful one instead. In the same vein, every acquired item has been adapted to India in order to facilitate the running of an efficient administration. It was unreasonable to reorganise all of the guidelines and throw off the entire structure in order to accommodate the new arrangements, as this was neither essential nor reasonable. The purpose of life is to preserve the values and norms of the past, use what we have inherited to pave the way for a successful future in the here and now, and create a better tomorrow than we have today. For instance, in addition to provisions for “equal protection of the law” and affirmative actions, the Indian Constitution also includes provisions for reservation in employment. Although the notion of affirmative action may be traced back to the constitution of the United States, reservations do not exist in the country of the United States. As a result, the Indian Constitution presents the best concepts from around the world while also allowing for their application and interpretation in the context of the entire Indian subcontinent.

Conclusion 

The Indian Constitution draws inspiration from other nations’ foundational documents. The Cabinet Mission Plan created India’s Constituent Assembly in 1946. Many Constitutional sections are word-for-word duplicates of the 1935 Government of India Act. Despite criticism, the Indian Constitution is like a bouquet of flowers from different gardens. Dr. B.R. Ambedkar once said, “Nobody owns the Constitution’s core notions”.The Administration of India Act of 1935 established a framework for the government of India in response to Indian leaders’ calls for democracy. Every item obtained has been customised for India to improve administration. The Indian Constitution applies the best global ideas to the Indian subcontinent. The Indian Constitution includes provisions for employment reservations, “equal protection of the law,” and affirmative action. Affirmative action is in the U.S. Constitution, but there are no reservations.