Borrowed Features of the Indian Constitution from Other Countries

The Indian Constitution has been drawn from different Sources. Check complete List of Borrowed Features of the Indian Constitution from Other Countries.

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Borrowed Features of Indian Constitution

The Indian Constitution is a living document and an instrument which makes the government system work. A large number of provisions in the Indian constitution are inspired by other Constitutions of the world. However, our Constitution has a few distinctive features that set it apart from other constitutions.

With more than 6,000 pages of text, the Indian Constitution is among the most comprehensive constitutions globally. Our Constitution includes 12 schedules and 470 articles, which makes it the lengthiest written constitution in the world.

There are various factors which have contributed to the vast size of the Indian Constitution. These include; the first historical factors as 70% (approx.) portion of our constitution has the influence of the Government of India Act, 1935 which was bulky in itself. Second, geographical factors as India is a vast and diverse country and Single Constitution for both Centre and States.

Borrowed Features of Indian Constitution

The Indian Constitution has borrowed most of its provisions from varied sources. Dr BR Ambedkar rightly said that the Indian constitution has been framed after ransacking all the known Constitutions of the world. Despite the borrowed features in the Indian Constitution, it is a unique set of laws which explains the structure and workings of the Government of India.

The Government of India Act 1935 is the primary reference for the Constitution as the structure and framework of the Indian constitution are largely derived from it. The philosophical part of the Constitution is largely borrowed from the American and Irish constitutions. The political part of the constitution has been drawn from the British constitution. It includes the principle of Cabinet Government and the relations between the Executive and the legislature.

Read about: Important Articles of Indian Constitution

List of Borrowed Features of Indian Constitution

Here is a List of Borrowed Features of Indian Constitution and their respective source country is given below:

Sources	Features Borrowed
Government of India Act of 1935	Federal Scheme Office of the governor Judiciary Public Service Commissions Emergency provisions Administrative Details
United States of America	Written Constitution Impeachment of the President Functions of the President and Vice-president Removal of Supreme Court and High Court judges Fundamental Rights Judicial review & Independence of Judiciary Independence of Judiciary Preamble of the Constitution Vice President as ex-office chairman of Rajya Sabha
United Kingdom	Nominal Head-President Bicameral Parliament More powerful Lower House Council of Ministers responsible for Lower House Speaker in Lok Sabha Cabinet System of Ministers Post of Prime Minister Parliamentary Type of Government Writs
USSR	Fundamental Duties Five-year Plan Justice (Social, Economic and Political) in the Preamble
Australia	The concurrent list under the seventh schedule of the Constitution. Language of the preamble Article 108 i.e. Joint sitting of the two houses Freedom of trade and commerce
Japan	Law on which the Supreme Court function
Germany	Suspension of Fundamental Rights during the emergency
Canada	Federalism with a stronger centre. Distribution of powers between the centre govt. and the state govt. Residuary powers vest with the centre. Centre appoints the Governors at the states. Advisory jurisdiction of the supreme court.
Ireland	Concept of Directive Principles of States Policy (whereas Ireland Borrowed it from Spain) Method of election of President President nominating Member to the Rajya Sabha
France	Concept of “Republic” Liberty, Equality, and Fraternity (Mentioned in the Preamble)
South Africa	Election of members of the Rajya Sabha Amendment of the Constitution

Read about: Preamble of Indian Constitution

Is Indian Constitution a Bag of Borrowing?

In response to this critique, Dr. B.R. Ambedkar (chairman of the Drafting Committee) during his speech at the Constituent Assembly stated that “One can wonder whether there can be anything new or unique thing in the Indian Constitution. “But in the true sense, the makers of the Indian constitution did not precisely imitate the features or aspects of other countries constitutions.

Instead, the makers made the necessary and possible adjustments to the borrowed features from the other constitutions in order to adapt them to the Indian conditions while at the same time putting aside their shortcomings.

Read about: Constitution Day of India

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