3-Sources of the Constitution

Sources of the Constitution

When the Constituent Assembly of India planned to make a constitution, the framers of the constitution thought that the provisions of the constitutions of countries where constitutions had already been written should be used for the Indian constitution. The framers of the constitution began to study in depth the constitutions of America, Britain and many other countries. Whatever provisions he found appropriate according to the Indian conditions were included in the Indian Constitution.

The main source of the Indian Constitution is the Government of India Act, 1935. A major portion of the provisions of the Indian Constitution have been taken from the Government of India Act, 1935, either verbatim or by making minor changes according to the Indian Constitution. Because the act of 1935 was made by the British rule for the Indians.

Before making the constitution, the Constituent Assembly studied and evaluated the constitution made in other countries of the world.

Then the provisions taken from all those foreign constitutions were included in the Indian constitution by making favorable changes in the country of India. There are mainly 10 such foreign constitutions which are the foreign sources of the Indian constitution. Let us know the sources and provisions of the Indian Constitution along with the Government of India Act, 1935, which have been included in the Indian Constitution from foreign constitutions.

List of sources of Indian Constitution

Russia

  1. Fundamental duty
  2. The idea of social, economic and political justice in the preamble

Japan

  1. Procedure established by law
  2. Germany
  3. Emergency powers to be exercised by the union
  4. Suspension of fundamental rights during emergency.

U.S.S.R.

  1. Article 51-A. fundamental duty under
  2. A constitutionally mandated Planning Commission to oversee the development of the economy

South Africa

  1. Revision process
  2. Election of rajya sabha members

France

  1. The ideals of republic and liberty, equality and fraternity in the Preamble

Australia

  • Freedom of trade and commerce within the country and between states
  • Power of national legislature to legislate to enforce treaties, even on matters outside general federal jurisdiction
  • Concurrent list

Ireland

  1. Directive principles of state policy
  2. Nomination of members to rajya sabha
  3. Method of election of president

Britain

  1. Parliamentary form of government
  2. Idea of single citizenship
  3. Idea of rule of law
  4. Province
  5. Institution of speaker and his role
  6. Law making process
  7. Procedure established by law

America

  1. Preface
  2. Fundamental Rights
  3. Federal structure of government
  4. Electoral College
  5. Independence of the judiciary and separation of powers between the three branches of government
  6. Judicial review
  7. President as Supreme Commander of the Armed Forces
  8. Equal protection under the law

Government of India Act 1935

  1. Federal plan
  2. Emergency provision
  3. Public service commission
  4. Governor’s office
  5. Judiciary
  6. Administrative details

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