# Indian Constitution: From Which Countries Did It Borrow?
Hello everyone! You're curious about the *Indian Constitution* and its origins, specifically which countries influenced its creation. You've come to the right place! I'll provide a clear, detailed, and correct answer to your question about the sources and influences behind the Indian Constitution.
## Correct Answer:
**The Indian Constitution borrowed provisions from various countries, including the UK, USA, Ireland, Canada, Australia, Germany, USSR (now Russia), France, and South Africa.**
## Detailed Explanation:
The Indian Constitution, adopted on January 26, 1950, is a comprehensive document that governs the Republic of India. Rather than being created entirely from scratch, its framers drew inspiration and adopted key features from the constitutions of other nations. This borrowing was done judiciously, adapting foreign concepts to suit India’s unique socio-political context. The process involved extensive debates and modifications within the Constituent Assembly to ensure the adopted provisions aligned with Indian values and needs.
Here's a breakdown of the key influences:
### United Kingdom:
The influence of the UK is perhaps the most significant, given India's long history as a British colony. Several fundamental aspects of the Indian Constitution are derived from the British constitutional system.
* ***Parliamentary Form of Government:*** The Indian Constitution adopts the *parliamentary system* where the executive (the Prime Minister and Council of Ministers) is responsible to the legislature (Parliament). This model is directly borrowed from the British system.
* ***Rule of Law:*** The concept of the *rule of law*, which means that everyone is subject to the law and no one is above it, is a cornerstone of the Indian legal system and originates from the British tradition.
* ***Legislative Procedure:*** The procedures followed in the Indian Parliament for enacting laws are largely based on the British parliamentary procedure. This includes the process of introducing bills, debates, voting, and enactment.
* ***Single Citizenship:*** The provision for *single citizenship*, where a person can only be a citizen of one country (India), is also derived from the British system. Unlike some countries with dual citizenship, India adheres to the principle of single allegiance.
* ***The concept of the Speaker:*** The office of the Speaker in the Lok Sabha, who presides over the sessions and maintains order, is modeled after the Speaker of the British House of Commons.
* ***Cabinet System:*** India's cabinet system is highly influenced by the British model where the Prime Minister heads the cabinet, which is the central decision-making body. The principle of collective responsibility, where the entire cabinet is responsible for the decisions taken, is a key aspect borrowed from the UK.
* ***Writs:*** The power of the Supreme Court and High Courts to issue writs (like Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto) to enforce fundamental rights is also inspired by the British legal system. These writs serve as important remedies against the violation of citizens' rights.
### United States of America:
The American Constitution, with its emphasis on individual rights and judicial review, has also left a significant mark on the Indian Constitution.
* ***Fundamental Rights:*** The *Fundamental Rights* enshrined in Part III of the Indian Constitution are largely inspired by the Bill of Rights in the US Constitution. These rights, including the right to equality, freedom of speech and expression, and the right to life and personal liberty, are considered essential for the all-round development of individuals.
* ***Judicial Review:*** The power of the *Supreme Court* to review laws passed by the legislature and declare them unconstitutional if they violate the Constitution is known as *judicial review*. This concept is borrowed from the American constitutional system and serves as an important check on legislative power.
* ***Independence of the Judiciary:*** The provision for an independent judiciary, free from interference from the executive and legislature, is also derived from the US Constitution. This independence is crucial for ensuring fair and impartial justice.
* ***Impeachment of the President:*** The procedure for *impeaching the President* for violating the Constitution is similar to the one in the US Constitution. This process involves a formal accusation by the Parliament and a trial-like procedure to determine the President's guilt.
* ***Post of Vice-President:*** The office and functions of the *Vice-President* are also inspired by the American model. The Vice-President in India also serves as the ex-officio Chairman of the Rajya Sabha (Upper House of Parliament).
### Ireland:
The Irish Constitution has contributed the concept of Directive Principles of State Policy to the Indian Constitution.
* ***Directive Principles of State Policy (DPSP):*** The *Directive Principles of State Policy* are a set of guidelines for the government to follow while formulating policies and laws. Although these principles are non-justiciable (meaning they cannot be enforced by the courts), they are considered fundamental in the governance of the country and aim to promote social and economic justice. These principles are heavily influenced by similar provisions in the Irish Constitution.
* ***Method of Election of the President:*** The *method of election of the President* is also taken from the Irish Constitution.
### Canada:
The Canadian Constitution has influenced the federal structure of the Indian government.
* ***Federal System with a Strong Centre:*** The Indian Constitution adopts a *federal system* where powers are divided between the central government and the state governments. However, the central government is made stronger than the states, a feature borrowed from the Canadian Constitution. This is reflected in the allocation of more powers and resources to the Centre.
* ***Residuary Powers with the Centre:*** The provision that *residuary powers* (powers not specifically assigned to either the Centre or the states) lie with the Centre is also taken from the Canadian Constitution. This ensures that the Centre has the authority to deal with unforeseen situations and issues.
* ***Appointment of Governors by the Centre:*** The *appointment of state governors* by the central government is another feature borrowed from the Canadian system. This allows the Centre to maintain a certain level of control over the states.
### Australia:
Australia's constitution has influenced the provisions related to trade, commerce, and inter-state relations.
* ***Concurrent List:*** The *Concurrent List*, which contains subjects on which both the Centre and the states can make laws, is borrowed from the Australian Constitution. This allows for coordinated action between the Centre and the states on important issues.
* ***Freedom of Trade and Commerce:*** The provisions guaranteeing *freedom of trade and commerce* within the country are also inspired by the Australian Constitution. This ensures that there are no barriers to the movement of goods and services between states.
### Germany:
The Weimar Constitution of Germany has influenced the provisions related to emergency powers.
* ***Suspension of Fundamental Rights during Emergency:*** The provision for the *suspension of Fundamental Rights* during a national emergency is borrowed from the Weimar Constitution of Germany. This allows the government to take extraordinary measures to protect the country during times of crisis.
### USSR (Now Russia):
The Soviet Constitution has influenced the Fundamental Duties and the concept of social, economic, and political justice.
* ***Fundamental Duties:*** The *Fundamental Duties* enshrined in Part IVA of the Indian Constitution, which outline the duties of citizens towards the nation, are inspired by the Soviet Constitution. These duties include respecting the Constitution, protecting the environment, and promoting national unity.
* ***Ideals of Justice (Social, Economic, and Political) in the Preamble:*** The ideals of *social, economic, and political justice* as enshrined in the Preamble of the Indian Constitution are also influenced by the Soviet Constitution. These ideals aim to create a society where everyone has equal opportunities and resources.
### France:
France's constitution has influenced the ideals of liberty, equality, and fraternity in the Preamble.
* ***Republic:*** India being a republic is influenced by the French constitution.
* ***Ideals of Liberty, Equality, and Fraternity in the Preamble:*** The ideals of *liberty, equality, and fraternity* as enshrined in the Preamble of the Indian Constitution are borrowed from the French Revolution. These ideals aim to create a society where everyone is free, equal, and united.
### South Africa:
The Constitution of South Africa has influenced the procedure for amendment of the Constitution.
* ***Procedure for Amendment of the Constitution:*** The procedure for *amending the Constitution* is derived from the South African Constitution. This ensures that the Constitution can be adapted to changing circumstances while also protecting its fundamental principles. It also includes the Election of members of Rajya Sabha.
## Key Takeaways:
* The Indian Constitution is a blend of provisions borrowed from various countries, adapted to suit India's specific needs.
* The UK's influence is significant, particularly in the parliamentary system and rule of law.
* The USA contributed the Fundamental Rights and judicial review.
* Ireland provided the Directive Principles of State Policy.
* Canada influenced the federal structure with a strong Centre.
* Other countries like Australia, Germany, USSR, France and South Africa also made important contributions.
* Understanding the sources of the Indian Constitution provides valuable insights into its underlying principles and objectives.
