Understanding Influence Of Other Constitutions On The Making Of The Indian Constitution

Adopted on November 26, 1949, the Indian Constitution has come a long way since then. After various efforts over three struggling years, the Constitution of India was finally approved. But the legal approvals were given in 1950, so that’s how you got the Republic Day which is celebrated on 26 January 1950. The reference from more than sixty countries has resulted and provided the feature of the lengthiest Constitution to the Indian Constitution. There are varied borrowed features of the Indian Constitution, but that can’t be deemed mere copying. The makers of the Indian Constitution have referred and relegated to various Constitutions so that the Constitution of India can be made precise for all, thus the reach goes beyond the act of copying. 

Background of Making of the Indian Constitution 

With the usefulness of the Indian Constitution, it is ensured that the rights and the duties of the citizens of India are properly abided by the individuals. Initially, it was M.N. Roy, who proposed the idea of establishing the Constituent Assembly in 1934. Congress in major authority at that time decided to officially make this idea of the Constituent Assembly a demand in their list of demands that were made to the British authorities. However, it was only in 1940, that the idea got green flags from the side of the British Government and passed (but on the conditions of the adult franchise). 

Originally, the Constituent Assembly included 292 representatives of various states and 93 representatives from the princely states, which had their first meeting on 9 December 1946. It was soon on 13 December, the same year, that Pandit Jawaharlal Nehru presented a resolution termed the ‘Objective Resolution’ which laid down the major principles of the Constitution. After various efforts over three struggling years, the Constitution of India was finally approved on 26 January 1950. 

Influence made by different sources and Constitutions

With the adoption of various provisions from the Constitution of more than sixty countries, the Indian Constitution is deemed as a bag of borrowings. In actuality, it wasn’t mere copying, but just the reference from these to make our Constitution more precise. The reference from more than sixty countries has resulted and provided the feature of the lengthiest Constitution to the Indian Constitution. There are varied borrowed features of the Indian Constitution, but that can’t be deemed mere copying.

British Constitution

Despite the cultural and regional differences, the citizens of India are united by the Single Citizenship practice that has been adopted from the British Constitution. In India, we only have central citizenship (at the country level) and not at the state level, like the federations of the world. The provisions regarding citizenship are mentioned from Article 5 to Article 11 in the Indian Constitution. 

Apart from that, we have also borrowed the Parliamentary form of government featured as a part of the borrowed features of the Indian Constitution. Under this, the cabinet powers lie with the Prime Minister and the ceremonial ones with the President of India. Not only these, but the details of procedure established by law, cabinet system, bicameralism and prerogative wits have also been borrowed from the UK. 

Irish Constitution

One of the most notable borrowed features of the Indian Constitution is the Directive Principles of State Policy. Details regarding these principles are mentioned in Article 36 to Article 51 in the Indian Constitution. Directive Principles of State Policy refers to those principles that should be kept in mind before making any kind of law or policy. 

Apart from the above-mentioned principles, the Indian Constitution also included provisions related to the Election of the President of India which has also been borrowed from the Irish Constitution. According to the provisions directing the citizens, the President is considered the first citizen of the nation. It is Article 52-62, which deals with providing powers to the president and the individuals, concerning the president of India.  

American Constitution

The American Constitution has been considered the oldest and longest surviving written charter. The Indian Constitution has borrowed some very essential features from the American Constitution including the Fundamental Rights, Judicial Review, Preamble of the Constitution, Independence of the Judiciary, Removal of High Court and Supreme Court Judges and the distinct Functions of the President and Vice President of India. 

The Supreme Court with the judicial review power has the right to review the laws and the policies made by the authorities and consider them invalid if they are unconstitutional in any way. Interestingly, the power of judicial review also acts as a saviour for the Indian Constitution when either of the three organs of the Government tries to harm that in any way. 

Government of India Act 1935

The Government of India Act 1935 has also contributed various ideas and provisions that were of great necessity to the country at that time. Some of the provisions are the judiciary, office of the Governor, Administrative details, Federal scheme, Public Service Commissions and Emergency Provisions. 

Australian Constitution

The most important provisions that are borrowed from the Australian Constitution are the concurrent list, a joint sitting of the two houses of the Parliament, commerce and intercourse and Freedom of Trade. For the case of the concurrent list, the provisions are mentioned in the 7th schedule of the Indian Constitution. The laws and the policies that are listed under this list can be recommended by both central and state Governments. 

Conclusion 

In conclusion, it can be said that the reference from more than sixty countries has resulted and provided the feature of the lengthiest Constitution to the Indian Constitution, but that can’t be deemed mere copying. In actuality, it wasn’t mere copying, but just the reference from these to make our Constitution more precise. Adaptation of ideologies and studying the Constitution of other countries don’t come in the category of copying. Thus, we can term the Constitution of India as a bag of adaptations and won’t consider that as a bag of borrowings.