Friday, April 15, 2016

Borrowed Features of Indian Constitution from other constitutions


Why did Indian Constitution borrow features from other Constitutions around the globe?
The Founding Fathers of the Indian Constitution were wise enough to borrow from the experience gained in the working of various other Constitutions They also kept in mind the needs and conditions of India. Nearly 75 percent of the Constitution can be said to be a reproduction of the Government of India Act- 1935 with suitable adaptations and modifications.

Following are the Important Features which were taken from Other Constitutions:

British Constitution
  • Parliamentary form of government
  • The idea of single citizenship
  • The idea of the Rule of law
  • Institution of Speaker and his role
  • Lawmaking procedure
  • Procedure established by Law
United States Constitution
  • Charter of Fundamental Rights
  • Federal structure of government
  • Independence of the judiciary
  • President as supreme commander of armed forces
  • Equal Protection under law

Irish Constitution
  • Directive principles of state policy
Australian Constitution
  • Freedom of trade and commerce within the country and between the states
  • Power of the national legislature to make
  • laws for implementing treaties, even on matters outside normal Federal jurisdiction
  • Concurrent List
French Constitution
  • Ideals of Liberty, Equality and Fraternity
Canadian Constitution
  • A quasi-federal form of government —a federal system with a strong central government
  • The idea of Residual Powers                                                                                                                                                                                                                      Constitution of the Soviet Union
  • Fundamental Duties u/a 51-A
  • A Constitutionally mandated Planning Commission to oversee the development of the economy
Other Constitutions
  • Emergency Provision u/a 356, Weimar Constitution
  • Amendment of Constitution, South Africa
  • Due Procedure of Law, Japan
Critics have described the Indian Constitution as a “bag of borrowings” and a “hotch potch Constitution”.

No comments:

Post a Comment