Sources of Indian Constitution: Polity
Indian Constitution is called a “bag of borrowings”,because it has features that have been sourced from many constitutions.
In his address to the Constituent Assembly,Dr. B.R. Ambedkar proclaimed,”Indian Constitution has been written after ransacking the best constitutions of the world”.
The structural part,i.e. the structure of the Govt is borrowed from Govt of India Act,1935,political part from British system and philosophical part,i.e. Fundamental Rights and Directive Principles of State policy, from Irish constitution
The framers of the Indian Constitution referred to various provisions of the existing Constitutions of the world, weighed their merits, and applied them according to their suitability, to our country. The major sources of the Constitution of India are as under:
- The Government of India Act, 1935: the Centre/ State List System (present form of Union,State lists), autonomy to provinces/states (federal set-up).
- The British Constitution: Parliamentary system, privileges, single citizenship, the rule of law and writs (habeus corpus,mandamus,certiorari,quo warranto,prohibition)
- The Australian Constitution: Concurrent List, Freedom of trade and commerce,provision of joint sitting.
- The American Constitution: Fundamental Rights, Judicial Review, and impeachment of the President and removal of judges.
- The French Constitution: Deals with Liberty, Equality, and Fraternity
- The South African Constitution: Amendment procedure,election of members of Rajya sabha.
- The Irish Constitution: Directive Principles, Nominations to Rajya Sabha (The Council of States)
- The Russian Constitution: The Fundamental Duties, idea of political,economic and social justice in the Preamble.
- The Canadian Constitution: The Federal structure (with a strong centre),appointment of Governor by Centre,advisory jurisdiction of Supreme Court
- The German Constitution: The Emergency Provisions and suspension of fundamental rights during emergency.
- The Japan Constitution: Procedure established by law.