Constitution of India: features taken from other countries

The Indian Constitution is unique in its contents and spirit. Alhough it had picked up many best features from other constitutions of the world. The constitution of India has several salient features that distinguish it from the constitutions of other countries.

Many people criticise that the Indian Constitution is a bag of borrowings or just a paper and scissor work.

It is true that it had borrowed some features but drafted according to the Historical perspective, Geographical diversity and Cultural and traditional characteristics of India.

The chairman of drafting committee Dr. Ambedkar had said in this regard that – “As to the accusation that the Draft Constitution has reproduced a good part of the provisions of the Government of India Act, 1935, I make no apologies. There is nothing to be ashamed of in borrowing. It involves no plagiarism. Nobody holds any patent rights in the fundamental ideas of a Constitution….”

Borrowed features of Indian Constitution are as follows;

Government of India Act of 1935

1. Federal Scheme

2. Office of governor

3. Judiciary

4. Public Service Commissions

5. Emergency provisions

6. Administrative details

National Institution for Transforming India (NITI) Aayog

Britain

1. Parliamentary government

2. Rule of Law

3. Legislative procedure

4. Single citizenship

5. Cabinet system

6. Prerogative writs

7. Parliamentary privileges

8. Bicameralism

Ireland

1. Directive Principles of State Policy

2. Nomination of mem-bers to Rajya Sabha

3. Method of election of president

Unites States of America

1. Impeachment of the president

2. Functions of president and vice-president

3. Removal of Supreme Court and High court judges

4. Fundamental Rights

5. Judicial review

6. Independence of judiciary

7. Preamble of the constitution

Writs and their Scope |Parliamentary System in India

Canada

1. Federation with a strong Centre

2. Vesting of residuary powers in the Centre

3. Appointment of state governors by the Centre

4. Advisory jurisdiction of the Supreme Court

Australia

1. Concurrent List

2. Freedom of trade

3. Commerce and intercourse

4. Joint sitting of the two Houses of Parliament

Soviet Constitution (USSR, now Russia)

1. Fundamental duties

2. The ideal of justice (social, economic and political) in the Preamble

France

1. The ideals of Republic in the Preamble

2. The ideals of liberty in the Preamble

3. The ideals ofequality in the Preamble

4. The ideals offraternity in the Preamble

Weimar Constitution of Germany

1. Suspension of Fundamental Rights during Emergency

South African Constitution

1. Procedure for amendment of the Constitution 

2. Election of members of Rajya Sabha

Panchayati Raj System in India

 

Japan

1. Concept of “procedure established by Law”

List of Borrowed Features of Indian Constitution

Name of Countries	Borrowed Features of the Constitution
Britain	1. Parliamentary government  2. Rule of Law  3. Legislative procedure  4. Single citizenship  5. Cabinet system  6. Prerogative writs  7. Parliamentary privileges  8. Bicameralism
Ireland	1. Directive Principles of State Policy  2. Method of Election of the president  3. Members nomination to the Rajya Sabha by the President
Unites States of America	1. Impeachment of the president  2. Functions of president and vice-president  3. Removal of Supreme Court and High court judges  4. Fundamental Rights  5. Judicial review  6. Independence of judiciary  7. Preamble of the constitution
Canada	1. Centrifugal form of federalism where the centre is  stronger than the states.  2. Residuary powers vest with the centre  3. Centre appoints the Governors at the states  4. Advisory jurisdiction of the supreme court
Australia	1. Concept of Concurrent list  2. Article 108 i.e. Joint sitting of the two houses  3. Freedom of trade and commerce
USSR (Now Russia)	1. Fundamental duties  2. The ideals of justice (social, economic and political),  expressed in the Preamble.
France	1. Concept of  “Republic”  2. Ideals of Liberty, Equality and Fraternity(contained in the Preamble)
Germany	1. Fundamental Rights are suspended during Emergency
South Africa	1. Election of members of the Rajya Sabha  2. Amendment of the Constitution
Japan	1. Concept of “procedure established by Law”

As we know our constitution is the lengthiest written constitution, one factor contributing to it having been drawn from many different sources. The constituent assembly assessed many constitutions and drafted one taking all the provisions that best applied to India’s diversity. Dr B R Ambedkar rightly claimed it to be framed after “ransacking” the known constitution.

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