The Indian Constitution is a blend of various legal traditions. It draws inspiration from the constitutions of several countries, adapting the best features to suit India’s diverse and democratic framework.
Government of India Act, 1935
The Government of India Act, 1935, was one of the most important sources of the Indian Constitution. It laid the foundation for many constitutional provisions later adopted in independent India.
Key Features Borrowed from the Government of India Act, 1935:
- Federal System – A division of powers between the Centre and the Provinces.
- Provincial Autonomy – Governors got more power in provinces.
- Bicameralism – Introduced in some provinces.
- Governor’s Role – Similar to the one in the Indian Constitution.
- Emergency Powers – Borrowed with modifications.
- Judiciary – Establishment of the Federal Court (predecessor to the Supreme Court of India).
- Public Service Commissions – PSCs at the Central and Provincial levels.
The Government of India Act, 1935, served as the basic structure for the Indian Constitution and was followed in independent India until the Constitution came into effect on 26 January 1950.
Major Sources of the Indian Constitution
| Country | Features Borrowed |
|---|---|
| United Kingdom (UK) | Parliamentary System, Rule of Law, Single Citizenship, Cabinet System, Bicameralism (Lok Sabha & Rajya Sabha), Speaker & Deputy Speaker |
| United States of America (USA) | Fundamental Rights, Independent Judiciary, Judicial Review, Impeachment of President, Vice President as Rajya Sabha Chairperson, Removal of Supreme Court Judges |
| Ireland | Directive Principles of State Policy (DPSP), Method of Presidential Election, Nomination of Rajya Sabha members |
| Canada | Federal System with a Strong Centre, Residuary Powers with the Centre, Appointment of State Governors by Centre |
| Germany (Weimar Constitution) | Emergency Provisions, Suspension of Fundamental Rights during Emergencies |
| Australia | Concurrent List, Joint Sitting of Parliament |
| Russia (USSR) | Fundamental Duties, Ideals of Justice (Social, Economic, Political) |
| France | Republican System, Principles of Liberty, Equality, Fraternity |
| South Africa | Amendment Procedure, Election of Rajya Sabha Members |
| Japan | Procedure Established by Law |
Detailed Explanation of Borrowed Features
1. British (UK) Influence
- Parliamentary System – Prime Minister is the head of government.
- Rule of Law – No one is above the law.
- Bicameralism – Lok Sabha & Rajya Sabha (House of Commons & House of Lords in UK).
- Single Citizenship – All Indians are only Indian citizens, unlike the USA.
- Cabinet System – Ministers are collectively responsible to Parliament.
- Speaker and Deputy Speaker – Similar to the UK Parliament.
2. American (USA) Influence
- Fundamental Rights – Right to Equality, Freedom, Protection, etc.
- Independent Judiciary & Judicial Review – Supreme Court can declare laws unconstitutional.
- Impeachment of President – A process to remove the President.
- Vice President as Rajya Sabha Chairperson – Modeled on the USA’s Senate.
3. Irish Influence
- Directive Principles of State Policy (DPSP) – Guidelines for the government.
- Method of Presidential Election – Indirect election system.
- Nomination of Rajya Sabha Members – 12 members nominated by the President.
4. Canadian Influence
- Federal Structure with a Strong Centre – The Centre has more power than states.
- Residuary Powers with the Centre – Any unlisted power goes to the Centre.
- Governor’s Appointment by the Centre – Governors act as the President’s representative in states.
5. German Influence (Weimar Constitution)
- Emergency Provisions – President can impose National, State, or Financial Emergency.
- Suspension of Fundamental Rights – Rights can be suspended during an emergency.
6. Australian Influence
- Concurrent List – Subjects shared between the Centre & States.
- Joint Sitting of Parliament – In case of a deadlock, both houses sit together.
7. Russian (USSR) Influence
- Fundamental Duties – Citizens’ responsibilities towards the nation.
- Social, Economic, Political Justice – Welfare State concept.
8. French Influence
- Republican System – India is a Republic, meaning no monarchy.
- Liberty, Equality, Fraternity – These principles are in the Preamble.
9. South African Influence
- Constitutional Amendment Procedure – How changes are made in the Constitution.
- Rajya Sabha Election System – Similar to South Africa’s upper house election process.
10. Japanese Influence
- Procedure Established by Law – The courts check whether a law is made properly, but unlike the USA, they do not judge its fairness.
Here are some multiple-choice questions (MCQs) on the Sources of the Constitution of India:
MCQs on Sources of the Constitution of India
1. Which country’s Constitution influenced the Preamble of the Indian Constitution?
a) United States of America
b) United Kingdom
c) France
d) Canada
Answer: a) United States of America
2. The concept of Fundamental Rights in the Indian Constitution is borrowed from which country?
a) Canada
b) United Kingdom
c) United States of America
d) Australia
Answer: c) United States of America
3. The Parliamentary system of government in India is adopted from which country?
a) United States of America
b) United Kingdom
c) France
d) Ireland
Answer: b) United Kingdom
4. The idea of Directive Principles of State Policy (DPSP) is borrowed from the Constitution of which country?
a) United States of America
b) Canada
c) Ireland
d) Germany
Answer: c) Ireland
5. The concept of a Federal system with a strong center in India is influenced by the Constitution of which country?
a) Canada
b) Australia
c) United States of America
d) France
Answer: a) Canada
6. The Emergency provisions in the Indian Constitution are taken from which country?
a) Germany
b) United States of America
c) Australia
d) Russia
Answer: a) Germany
7. The idea of the Concurrent List in the Indian Constitution is borrowed from which country?
a) United States of America
b) Canada
c) Australia
d) France
Answer: c) Australia
8. Which of the following features of the Indian Constitution is influenced by the Government of India Act, 1935?
a) Parliamentary system
b) Fundamental Rights
c) Emergency Provisions
d) Federal structure and office of the Governor
Answer: d) Federal structure and office of the Governor
9. The method of amendment in the Indian Constitution is inspired by which country’s Constitution?
a) United Kingdom
b) Canada
c) United States of America
d) South Africa
Answer: d) South Africa
10. The idea of the President being the Supreme Commander of the Armed Forces is derived from which country?
a) United States of America
b) United Kingdom
c) France
d) Canada
Answer: a) United States of America
11. The concept of Single Citizenship in India is borrowed from which country?
a) United States of America
b) United Kingdom
c) Canada
d) France
Answer: b) United Kingdom
12. The procedure for removing judges of the Supreme Court and High Court in India is influenced by which country?
a) United States of America
b) Canada
c) United Kingdom
d) Australia
Answer: c) United Kingdom
13. Which feature of the Indian Constitution is borrowed from the Russian (erstwhile USSR) Constitution?
a) Fundamental Duties
b) Fundamental Rights
c) Directive Principles of State Policy
d) Parliamentary system
Answer: a) Fundamental Duties
14. The office of Vice-President in India is borrowed from which country?
a) United States of America
b) United Kingdom
c) Canada
d) Ireland
Answer: a) United States of America
15. Which of the following features of the Indian Constitution is derived from the Japanese Constitution?
a) Parliamentary system
b) Procedure for amendment
c) Concept of “Procedure Established by Law”
d) Directive Principles of State Policy
Answer: c) Concept of “Procedure Established by Law”