Sources of the Indian Constitution: A Blend of Global Wisdom

Introduction

The Indian Constitution is often called a "bag of borrowings" because it draws inspiration from various global constitutions while adapting them to India’s unique needs. The framers of the Constitution studied multiple legal systems to create a balanced and comprehensive framework for governance. Here’s a breakdown of the key sources of the Indian Constitution.

1. Major Constitutional Influences

A. Government of India Act, 1935 (British Colonial Legacy)

• Federal Structure – Division of powers between Centre & States.

• Public Service Commissions – UPSC & State PSCs.

• Emergency Provisions – Basis for Articles 352-360.

• Governor’s Role – Similar powers for state governors.

B. United Kingdom (UK)

• Parliamentary Democracy – Cabinet system, PM as real executive.

• Rule of Law – No one is above the law.

• Legislative Procedures – Speaker’s role, bicameral legislature.

• Privileges of Parliament – Freedom of speech in legislature.

C. United States (USA)

• Fundamental Rights – Inspired by the US Bill of Rights.

• Judicial Review – Supreme Court can strike down unconstitutional laws.

• President as Supreme Commander – Similar to the US President’s military role.

• Impeachment of President – Borrowed from the US Constitution.

D. Ireland

• Directive Principles of State Policy (DPSP) – Socio-economic guidelines for governance.

• Method of Presidential Election – Indirect election by an electoral college.

• Nomination of Rajya Sabha Members – Inspired by Irish Senate.

E. Canada

• Federalism with a Strong Centre – Residuary powers with the Centre.

• Appointment of Governors – By the Central Government.

• Advisory Jurisdiction of Supreme Court – Similar to Canadian reference jurisdiction.

F. Australia

• Concurrent List – Shared legislative powers (Centre & States).

• Freedom of Trade & Commerce – Similar provisions in Indian Constitution.

• Joint Sitting of Parliament – For resolving deadlocks (Article 108).

G. Germany (Weimar Constitution)

• Emergency Provisions – Suspension of Fundamental Rights during emergencies.

• President’s Rule – Inspired by German emergency powers.

H. South Africa

• Amendment Procedure – Requires a special majority (similar to SA’s constitutional amendments).

• Election of Rajya Sabha Members – Indirect election by state legislatures.

I. France

• Republic Ideals – Liberty, Equality, Fraternity in the Preamble.

• Concept of Secularism – State neutrality in religious matters.

J. Soviet Union (USSR)

• Fundamental Duties – Added via the 42nd Amendment (1976).

• Ideal of Justice (Social, Economic, Political) – Reflected in the Preamble.

K. Japan

• Procedure Established by Law – Due process under Article 21 (Right to Life & Liberty).

2. Indigenous Influences

• Ancient Indian Systems – Panchayati Raj (local self-governance).

• Government of India Act, 1919 & 1935 – Continuation of colonial administrative structures.

• Nehru Report (1928) & Karachi Resolution (1931) – Early Indian constitutional proposals.

3. Unique Additions by Indian Framers

• Single Citizenship – Unlike the US, India does not allow dual citizenship.

• Universal Adult Franchise – Voting rights for all adults (18+), unlike many nations at the time.

• Independent Judiciary – Stronger judicial review than in many borrowed systems.

• Secularism – Unlike Western secularism, India recognizes all religions equally.

Conclusion

The Indian Constitution is a masterpiece of legal synthesis, blending the best features from around the world while adding unique Indian elements. Its adaptability has allowed it to evolve over time, making it a living document that continues to guide the world’s largest democracy.