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Indian Polity / Making of the Constitution

Important Sources of Indian Constitution

There are many important sources of Indian Constitution as it has taken lots of references while it was being prepared. The Drafting Committee consulted about 60 Constitutions in the world. The first and the most important source was the Government of India Act, 1935. The Constitution of India is regarded as a replica of the Act of 1935.



Sources of Indian Constitution

  • Important aspects taken from 1935 Act :

    • Indian Federal System, however the concept of strong Central Government was taken from Canadian Constitution

    • Office of the Governor, however the concept of appointed Governor was taken from Canadian Constitution

    • Federal Court, that is Supreme Court

    • Central Rule or President's Rule (Article 356)

    • Bicameralism

  • Important aspects taken from Britain :

    • Parliamentary System or Westminster Model (another name for British Parliamentary form of Democracy)

    • Parliamentary privileges

    • Legislative procedures

    • Office of the Speaker, Deputy Speaker and Offices of the Attorney General (AG) and the Comptroller and Auditor General (CAG)

    • Rule of Law

    • The concept of Writs

  • Important aspects taken from USA :

    • Independence of Judiciary and Judicial Review

    • Fundamental Rights

    • Office of the Vice President

    • Removal of the President

  • Important aspects taken from Canada :

    • Strong Central Government

    • Appointed Governor

    • Residuary powers assigned to the Central Government

    • Presidential reference to the Supreme Court (Article 143)

  • Important aspects taken from Ireland :

    • Directive Principles of State Policy (DPSP)

    • The system of proportional representation

    • President nominating 12 distinguished personalities to the Rajya Sabha

    • Presidential elections

  • Important aspects taken from Germany (Weimar Constitution) :


  • Important aspects taken from France :

    • The concept of Liberty, Equality and Fraternity

    • The concept of Republic

  • Important aspects taken from Russia (former USSR) :

    • Fundamental Duties

    • Concept of Socialism

    • Long term plans

  • Important aspects taken from Japan :

    • Procedure Established by Law

  • Important aspects taken from Australia :

    • The concept of concurrent list

    • The procedure of joint session of the Parliament

    • The concept of trade, commerce and interstate business

  • Important aspects taken from South Africa :


  • Original or Native Indian features of the Constitution :

    • Panchayati Raj Institutions

    • The electoral college which elects the President of India

    • Election Commission of India

    • All India Services

    • Protective or positive or progressive discrimination of reservations

    • Special protection for minorities

Quiz

  1. Match the features of the Indian Constitution with their sources from which they are taken:

    1. Fundamental Rights

    2. Directive Principles of State Policy

    3. Amendment to the Constitution

    4. National Emergency


    1. Constitution of Ireland

    2. US Constitution

    3. Weimar Constitution

    4. Constitution of South Africa


    1. a-4, b-2, c-1, d-3

    2. a-2, b-1, c-4, d-3

    3. a-4, b-3, c-1, d-2

    4. a-3, b-4, c-2, d-1

    Answer

    Ans: B


  2. Which of the following features is not a native Indian feature of the Constitution of India?

    1. Reservations

    2. Election Commission

    3. All India Services

    4. Fundamental Duties

    Answer

    Ans: D