The Constituent Assembly was given the task of framing the Constitution of India. When the Constituent Assembly of India started the process of framing the Constitution, they had an option of incorporating the Appropriate Provisions into the Indian Constitution from the constituition of those countries whose constituition was already written. From this point of view, the Constituent Assembly studied the constitutions of about 60 countries and incorporated the specific provisions in indian constitution by making certain changes which they found suitable according to the circumstances and needs of the country. Some nationalist members of the Constituent Assembly alleged that framing the Constitution in this way was an example of the Slave attitude. However, this allegation is weak as utilising the pre-existing knowledge in doing any research or serious deliberation saves time, labor as well as money. Secondly, it is necessary to make the basis of previous knowledge so that such things which we may not be able to think of are available to us in the form of alternatives.
Major Sources of Indian Constitution
The main source of the Indian Constitution is the Government of India Act 1935, which had the greatest impact on the shape, content and language of the indian constituition. A large part of the provisions of the Indian Constitution has been taken from the Government of India Act 1935, either directly as such or by making slight changes according to the people of India. Out of 395 articles of the Indian constitution, there are 250 articles which are taken from this act. The reason behind this was that we had sufficient experience in the conduct of governance in accordance with the provisions of this Act and we were able to understand its useful provisions.
Generally, there are ample of main sources of the Indian Constitution apart from the Government of India Act 1935 that were borrowed from the foreign countries. Here in this article we will be studying about the important sources along with the provisions which were adopted from them.
1. Govt. of India Act – 1935
• Concept of Federal System
• Concept of Public Service Commission
• Concept of Emergency Provisions
• Structure of the Judiciary
• Concept of Governor’s Office
• Three lists for distribution of powers i.e. Federal, Provincial and Concurrent List
2. Constitution of U.S.A.
• Concept of Fundamental Rights
• The Principle of Judicial Review
• Removal of High Court and Supreme Court Judges & Impeachment of the President
• Concept of Judicial Independence
• Vice-President Post
• Concept of Equal Protection of Law
• President as the Chief Commander of Armed Forces
3. Constitution of Britain
• Concept of Rule of Law
• Idea of Single Citizenship
• Cabinet System
• Concept of Equality Before The Law
• Lawmaking Procedure
• Legislative Process
• Concept of Parliamentary Government
• Appointment of Speaker and his Role
• Prerogative Writs
• Concept of Bicameralism
• Parliamentary Privileges
• Symbolic or nominal significance of the Head of State
4. Constitution of Ireland
• Method of Presidential Election
• Member’s nomination to the Rajya Sabha
• Directive Principles of State Policy
5. Constitution of Australia
• Joint sitting of both houses of parliament
• Concept of Concurrent List
• Trade and commerce freedom within the nation and among the states
6. Constitution of Canada
• Advisory Jurisdiction of the Supreme Court
• Vesting of Residuary powers in the hands of centre
• Power distribution among Central and State Governments
• Federal System with a Powerful Centre
• Appointment of Governor’s of State by the centre
7. Constitution of Germany
• Suspension and Withdrawal of Fundamental Rights amid emergency situation
8. Constitution of South Africa
• Procedure for the Amendment in the Constitution
• Election for the members of Rajya Sabha
9. Constitution of U.S.S.R.
• Concept of Fundamental Duties
• Including ideal of Social, Economical and Political Justice within the Preamble
10. Constitution of Japan
• Procedure established by law
11. Constitution of France
• Including ideals of Liberty, Equality and Fraternity within the Preamble
FAQ'S (Frequently Asked Questions)
1.Which special arrangement of the Indian Constitution has been taken from England?
(A) Parliamentary system
(B) Federal System
(C) Fundamental Rights
(D) Supreme Judiciary
2. Which feature of Indian Constitution is inspired by the Irish Constitution?
(A) Nomination of members in Rajya Sabha
(B) Directive Principles of Policy
(C) Fundamental Duties
(D) Procedure for the election of the President
3. The largest single source of the Indian Constitution is
(A) Government of India Act, 1919
(B) Government of India Act, 1935
(C) British rule
(D) Bill of Rights of USA
4. The federal system of India is more similar to the federal system of which country?
(A) America
(B) Ireland
(C) Australia
(D) Canada
5. The concept of Concurrent List in the Indian Constitution has been taken from -
(A) Great Britain
(B) U.S.A.
(C) Canada
(D) Australia
6. The idea of including Fundamental Duties in the Indian Constitution is taken from the constitution of which country ?
(A) Constitution of USSR
(B) Constitution of France
(C) US Constitution
(D) British Constitution
7. The Directive Principles of State Policy were borrowed from the constituition of which country ?
(A) Australia
(B) Ireland
(C) Canada
(D) America
8. The concept of Fundamental Rights was borrowed from which nation ?
(A) Australia
(B) Switzerland
(C) Britain
(D) U.S.A.
9. The framers of the Constitution of India took the idea of judicial review from
(A) Switzerland
(B) U.S.A.
(C) Britain
(D) France
10. The provision regarding emergency in the Indian Constitution has been taken from the Government of India Act 1935 and the Constitution of ..............
(A) South Africa
(B) Canada
(C) Great Britain
(D) Weimar constitution of Germany
11. The rule of nomination of the members of Rajya Sabha by the President was taken from the constitution?
(A) France
(B) U.S.A.
(C) Ireland
(D) South Africa
12. The authority of the Supreme Court as the guardian of the Constitution has been taken from which constitution of the world?
(A) Constitution of U.S.A.
(B) Constitution of Britain
(C) Constitution of Switzerland
(D) Constitution of Canada
13. The concept of Liberty, Equality and Fraternity mentioned in the Indian Constitution is inspired by the
(A) Constitution of America
(B) Constitution of Britain
(C) Constitution of France
(D) Constitution of Ireland
14. The term 'Equality before the law' is adopted from the
(A) Constitution of Ireland
(B) Constitution of Japan
(C) Constitution of Britain
(D) Constitution of U.S.A.
15. The concept of sovereign parliament is the contribution of which country?
(A) France
(B) Japan
(C) Britain
(D) Germany
16. The rights of the executive regarding the suspension of the fundamental rights given by the Indian Constitution have been taken from the constitution of which country?
(A) Switzerland
(B) France
(C) Ireland
(D) Germany
17. From which among the following countries is the system of Supreme Court adopted in the Indian Constitution ?
(A) Britain
(B) Canada
(C) Japan
(D) U.S.A.
18. Which country first adopted the federal government system?
(A) Canada
(B) Russia
(C) France
(D) Nigeria
19. The amendment process of the Indian Constitution is influenced by the constitution of which country?
(A) U.S.S.R.
(B) Australia
(C) Germany
(D) South Africa
20. The federal system of India is not affected by the constitution of which country?
(A) U.K.
(B) Ireland
(C) South Africa
(D) U.S.A.
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