Various Sources of Indian Constitution

Various Sources Of Indian Constitution

Introduction - Indian Constitution is a very pious document and is the "supreme fundamental law of the land". Therefore it occupied a supreme and unique position in the country's political system. The makers of the Constitution were very wise and sagacious, and they have prepared the  best possible document for the country. For this purpose, they have ransacked all the known constitutions of the world and most of it's provisions are substantially borrowed from other countries.

The sources of Income Constituion are as follows

1. The Government of India Acts - 1909,1919 and 1935

The British Parliament enacted the various Acts from time to time Viz|- 1909,1919,and 1935. The Indian Independence Act was also passed by the British Parliament to enable India to achieve Independence. Among these, The Government of India Act - 1935 exercised the greatest influence on the Constitution of Indian Republic.The Constitution is both in language and substance is a close copy of the Act 1935.

       

               The Constitution of India adopted distribution of powers, federal strctustr of India, provincial autonomy, responsible form of government, bicameral system at the center and in some states, discretionary and emergency Powers of governor-generals etc. The Indian Constitution adopted these provisions after modifying them to suit the eeds of the changing time.

2. The British Parliamentary System

It was but natural that the constConstit of great Britain exercised great influence on the makers of the Constitution. Because of India's long association with Britain, the leaders of the nation were familiar with the Constitution of that country and it's working. They, therefore, adopted the Parliamentary System of Government. The Indian Cabinet System is also work on the same pattern as the British Cabinet. Both the center, and  in the states, the executive is responsible to the legislature, elected by people on the basis of Universal Adult Franchise.

3. The Impact of Other Constitutions

During the last 150 years, almost all the  principles of the Constitution had been evolved. Consequently, Constitution makers considered it useless to waste time in inventing new principles, but devoted there time and energy in envolving such a constituon which may be workable under the prevailing conditions. therefore l, they didn't shirk in adopting what was good in the U.S.A, Canadian, Irish, German, South African Constitutions. at the same time, they wisely avoided those defects, which had been disclosed in their working. For instance, Fundamental Rights are based on the United State's "Bill of Rights". Judicial Review is a necessary concomitant of Fundamental Rights, because for it is meaningless to enshrine individual rights in a written constituon as fundamental rights, if they are not enforceable in court of law against any organ of state, legislature and executive.

3.a. Impact Of American Constituon

The framers of the Constitution borrowed the concept of ImdepIndepe Judiciary - having the power of judicial review. The functiond of the Vice - President of India also seems to have been taken from the U.S. Constituon. The Preamble of the Constitution also bears the imprint of American Constitution.

3.b. Impact of Canadian Constitution

Our Constitution is indebted to Canadian Constitution. The imprint of the Canadian Constitution is the main visible feature in our federal structure. Indian federation has been created with a very strong center. This is based on the pattern of Canada The term "Union" has also been taken from Canada.

3.c. Impact of Irish Constitution

Similarly, our constitution is also indebted to Constitution of Irish Republic. The "Directive Principles of State Policy" bear the imprint of the Irish Constitution. Besides, the provision for nomination by the President of certain members of the Rajya Sabha amongst persons who have attained distinction in the field of art, science, sports, culture, social service etc. Also seems have been taken from the Irish Constitution.

3.d.  Impact of the Constitution of South Africa

The provision concerning the election of the of the members of Rajya Sabha and the procedure for amending the Constitution were influenced by the Constitution of South Africa.

3.e. Impacte of Australian Constitution

The Concurrent list in our Constitution has been taken from the Australian Constitution.

       

Finally,

              Commentaries of the critics, Judicial Review, constitution amendments, ordinances are also important sorce of the Constitution.