HomeAILET PGSources of the Indian Constitution

Sources of the Indian Constitution

Some features of Constitution of India are said to be borrowed from certain other Constitutions and it is proved that at the time of framing of Constitution of India, the framework of Constitution did examine the other existing Constitutions in the world for the purpose of an aid to draft the Indian Constitution and we did adopt certain features from those Constitution either because such features did exist in Indian Societies or these features were goals or aspirations of Indian National freedom Struggle and suited to Indian Society. The Fact that these features were taken from some other Constitution does not imply that we have borrowed them from those Constitution rather we have adopted them as they suited the Indian Society. In fact, Dr. Ambedkar have commented that even if we have taken their features from other Constitution, it does not amount to Plagiarism as no country has patent upon these features.

Some of the main features which have been inspired by other Constitution are as follows:

Features

Country

The words ‘Equality’, ‘liberty’ and ‘Fraternity’

France

Freedom of Trade and Commerce​​ 

Australia

Doctrine of Basic Structure

Germany

Fundamental Duties

USSR

Emergency and Suspension of Fundamental Rights during Emergency

Germany

Directive Principle of State Policy

Ireland

Federalism

United States of America

Judicial Review

United States of America

Parliamentary form of Government

United Kingdom

Various Writs

United Kingdom

Rule of Law

United Kingdom

Procedure established by law

United Kingdom and Japan

Federation with strong center

Canada

Residuary powers of the Parliament or Centre

Canada

Appointment of Governors

Canada

Advisory Jurisdiction of Supreme Court

Canada

Fundamental Rights​​ 

United States of America

Amendment

South Africa

 

 

First published on February 20, 2021. 

LEAVE A REPLY

Please enter your comment!
Please enter your name here