Sources of the Indian Constitution in English

 The Indian Constitution is a unique document that incorporates provisions from various global sources. It is inspired by several constitutions worldwide, integrating key governance elements suited to India's diverse and complex socio-political structure.

Sources of the Indian Constitution

The various provisions included in the Indian Constitution have been adopted from different sources. Their details are as follows:

1. Government of India Act, 1935

A major portion of the Indian Constitution has been adopted from the Government of India Act, 1935. Out of the 395 articles in the Constitution, around 200 articles have been taken directly or with slight modifications from this Act. The key provisions borrowed from this Act include the federal system of governance, the office of the Governor, and the three lists (Union List, State List, and Concurrent List).

2. British Constitution

India was governed for over 150 years under laws enacted by the British Parliament. Hence, it was natural for the Indian Constitution to be influenced by the British Constitution. The main provisions adopted from the British Constitution include the parliamentary system of governance, the legislative process, the rule of law, the office of the Speaker, single citizenship, and the system of relative majority in elections.

3. American Constitution

The American federal system is considered a model for federal governance worldwide. Therefore, when adopting the federal system in India, it was natural for the American system to have an impact. Other provisions borrowed from the U.S. Constitution include judicial review, the military powers of the President, the office of the Vice President, and the system of Fundamental Rights.

4. Canadian Constitution

Although the concept of federalism in India was taken from the U.S., it was developed based on the Canadian model. Similar to Canada, in India, the residuary powers are vested with the central government. Additionally, like in Canada, the Governor of a state can reserve state legislature bills for the consideration of the President.

5. Irish Constitution

The Directive Principles of State Policy and the provision of nominated members in the Rajya Sabha have been adopted from the Irish Constitution.

6. Australian Constitution

The Indian Constitution follows a three-list system:

Union List: Subjects under the exclusive jurisdiction of the central government.

State List: Subjects under the jurisdiction of state governments.

Concurrent List: Subjects on which both central and state governments can legislate.

This system of the Concurrent List has been borrowed from the Australian Constitution.

7. Weimar Constitution of Germany

India follows a federal system of governance, but during an emergency, it can transform into a unitary system. This provision of emergency powers has been borrowed from the German Weimar Constitution.

8. Japanese Constitution

India has adopted the power of judicial review from the U.S. Constitution. However, instead of using the American term "due process of law," the Indian Constitution incorporates the Japanese term "procedure established by law," which limits the scope of judicial review.

9. French Constitution

The principles of Liberty, Equality, and Fraternity, as well as the Republican form of government, have been taken from the French Constitution.

10. Russian (Former Soviet Union) Constitution

The original Indian Constitution did not mention Fundamental Duties. These were added through the 42nd Amendment, and the concept of Fundamental Duties was adopted from the Soviet Constitution.

11. South African Constitution

The provision for amending the Constitution to suit the changing times and circumstances has been borrowed from the South African Constitution.

12. Various Judicial Decisions

Judicial rulings often become an integral part of the Constitution over time. For example, in the Kesavananda Bharati case (1973), the Supreme Court ruled that while Parliament has the power to amend any part of the Constitution, it cannot alter its basic structure. Today, this ruling has become a part of constitutional law.

This extensive borrowing makes the Indian Constitution one of the most comprehensive and adaptable legal frameworks in the world, ensuring governance that is both democratic and flexible.