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Salient Features of the Constitution

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The Indian Constitution is distinguished by its unique content and underlying spirit. While it incorporates elements from various global constitutions, it possesses several notable features that set it apart from those of other nations. It is important to recognize that many original aspects of the Constitution, as adopted in 1949, have undergone significant alterations due to numerous amendments, particularly the 7th, 42nd, 44th, 73rd, 74th, 97th, and 101st Amendments. The 42nd Amendment Act of 1976 is particularly referred to as the “Mini-Constitution” due to the substantial and diverse changes it introduced. However, the Supreme Court, in the Kesavananda Bharati case (1973), affirmed that Parliament’s constituent power under Article 368 does not extend to altering the ‘basic structure’ of the Constitution.

The salient features of the Constitution, as it currently exists, include the following:

  1. Lengthiest Written Constitution

   The Constitution of India is the longest written constitution in the world. It is extensive, comprehensive, and detailed, originally (1949) comprising a Preamble, 395 Articles (organized into 22 Parts), and 8 Schedules. As of 2019, it contains a Preamble, around 470 Articles (divided into 25 Parts), and 12 Schedules. Over the years, amendments since 1951 have led to the deletion of approximately 20 Articles and one Part (VII), while adding around 95 Articles, four new Parts (IVA, IXA, IXB, and XIVA), and four new Schedules (9, 10, 11, and 12). No other constitution in the world contains as many Articles and Schedules.

   Four primary factors contribute to the extensive nature of the Indian Constitution:

   – Geographical Diversity: The vastness and diversity of the country.

   – Historical Context: Influences from the bulky Government of India Act of 1935.

   – Centralized Constitution: A single constitution governs both the Centre and the states.

   – Legal Expertise: The presence of legal scholars in the Constituent Assembly.

The Constitution includes not only fundamental governance principles but also detailed administrative provisions. Moreover, issues that in many modern democracies are typically governed by ordinary legislation or political customs are explicitly addressed within the Indian Constitution.

  1. Derived from Various Sources

The Constitution of India integrates many provisions from other constitutions and the Government of India Act of 1935. Dr. B.R. Ambedkar proudly stated that the Constitution was created by “ransacking all the known Constitutions of the World.” The structural aspects of the Constitution are largely drawn from the Government of India Act of 1935, while the philosophical components, notably the Fundamental Rights and Directive Principles of State Policy, take inspiration from the American and Irish Constitutions, respectively. The political framework, including Cabinet governance and the relationship between the Executive and the Legislature, is primarily influenced by the British Constitution. Additionally, provisions from the constitutions of Canada, Australia, Germany, the former USSR (now Russia), France, South Africa, and Japan also contributed to the Indian Constitution.

The Government of India Act, 1935, serves as the most significant source, with many elements such as the federal structure, judiciary, governors, emergency powers, and public service commissions being derived from it. More than half the provisions of the Indian Constitution closely resemble or are identical to those in the Act.

  1. Combination of Rigidity and Flexibility

Constitutions can be classified as rigid or flexible. A rigid constitution requires a special procedure for amendments, like the American Constitution, while a flexible constitution can be amended through ordinary legislative processes, as seen with the British Constitution. The Indian Constitution is neither strictly rigid nor entirely flexible but represents a blend of both. Article 368 delineates two types of amendments:

   – Certain provisions can be amended by a special parliamentary majority, requiring two-thirds of the members present and voting, as well as a majority of the total membership.

   – Other provisions require a special parliamentary majority and ratification by half of the total states.

   Additionally, some provisions can be amended by a simple parliamentary majority through typical legislative processes, which do not fall under the purview of Article 368.

  1. Federal System with Unitary Bias

The Indian Constitution establishes a federal system of governance, incorporating the typical features of a federation, such as the division of powers, a written constitution, constitutional supremacy, rigidity, an independent judiciary, and bicameralism. However, it also exhibits numerous unitary characteristics, including a strong central authority, a single constitution, single citizenship, constitutional flexibility, an integrated judiciary, central appointment of state governors, all-India services, and emergency provisions.

Furthermore, the term “Federation” is not explicitly used in the Constitution. Instead, Article 1 refers to India as a “Union of States,” which conveys two key implications: first, that the Indian Federation is not formed through an agreement among the states; and second, that no state has the authority to secede from the federation.

As a result, the Indian Constitution has been characterized in various ways, such as being “federal in form but unitary in spirit,” labeled “quasi-federal” by K.C. Wheare, described as “bargaining federalism” by Morris Jones, termed “co-operative federalism” by Granville Austin, and referred to as a “federation with a centralizing tendency” by Ivor Jennings, among others.

  1. Parliamentary Form of Government

The Constitution of India adopts the British Parliamentary System of Government rather than the American Presidential System. The parliamentary system is predicated on the principles of cooperation and coordination between the legislative and executive branches, in contrast to the presidential system, which emphasizes the separation of powers between these two entities. This parliamentary model is also referred to as the ‘Westminster’ model, responsible government, and Cabinet government. The Constitution establishes the parliamentary system at both the national and state levels.

Key features of the parliamentary government in India include:

(a) The existence of nominal and real executives; 

(b) Rule by majority party; 

(c) Collective responsibility of the executive to the legislature; 

(d) Ministers’ membership in the legislature; 

(e) Leadership by the Prime Minister or Chief Minister; 

(f) The ability to dissolve the lower house (Lok Sabha or Assembly). 

While the Indian parliamentary system largely mirrors the British model, several fundamental differences exist. For instance, the Indian Parliament lacks the sovereignty attributed to the British Parliament. Additionally, the head of the Indian State is an elected official (a republic), while the British head is hereditary (a monarchy).

In the parliamentary systems of both India and Britain, the role of the Prime Minister has become so pivotal that political scientists often refer to it as a ‘Prime Ministerial Government.’

  1. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

The doctrine of parliamentary sovereignty is linked to the British Parliament, whereas judicial supremacy is associated with the American Supreme Court. The Indian parliamentary system, while distinct from the British model, also features a narrower scope of judicial review by the Supreme Court compared to that in the U.S., due to the Indian Constitution’s stipulation of ‘procedure established by law’ in contrast to the ‘due process of law’ provided in the American Constitution (Article 21).

Consequently, the framers of the Indian Constitution sought to create a balanced synthesis between the British principle of parliamentary sovereignty and the American principle of judicial supremacy. The Supreme Court possesses the authority to declare parliamentary laws unconstitutional through its judicial review power, while Parliament retains the ability to amend significant portions of the Constitution using its constituent power.

  1. Integrated and Independent Judiciary

The Indian Constitution establishes a judicial system that is both integrated and independent. The Supreme Court functions as the apex court within this unified judicial framework. Below the Supreme Court are the High Courts at the state level, and subordinate courts, including district and other lower courts, operate under the High Courts. This singular court system is responsible for enforcing both central and state laws, unlike in the United States, where federal laws are upheld by federal courts and state laws by state judiciary.

The Supreme Court serves as a federal court, the highest appellate authority, and safeguards the fundamental rights of citizens while acting as the guardian of the Constitution. Various constitutional provisions ensure its independence, including job security for judges, fixed service conditions, funding sourced from the Consolidated Fund of India, prohibition on legislative discussions regarding judges’ conduct, a ban on post-retirement practice, authority to punish for contempt vested in the Supreme Court, and the separation of the judiciary from the executive branch.

  1. Fundamental Rights

Part III of the Indian Constitution guarantees six fundamental rights to all citizens, which are as follows:

(a) Right to Equality (Articles 14–18); 

(b) Right to Freedom (Articles 19–22); 

(c) Right Against Exploitation (Articles 23–24); 

(d) Right to Freedom of Religion (Articles 25–28); 

(e) Cultural and Educational Rights (Articles 29–30); 

(f) Right to Constitutional Remedies (Article 32). 

The purpose of these Fundamental Rights is to foster the principles of political democracy. They act as constraints on the potential tyranny of the executive and the arbitrary laws enacted by the legislature. These rights are justiciable, meaning they can be enforced by the courts in cases of violations. Individuals who feel aggrieved can approach the Supreme Court, which has the authority to issue writs such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto to restore their rights.

However, the Fundamental Rights are not absolute; they are subject to reasonable restrictions. They can also be amended or repealed by Parliament through a Constitutional Amendment Act. In addition, these rights may be suspended during a National Emergency, except for the rights guaranteed by Articles 20 and 21.

  1. Directive Principles of State Policy

Dr. B.R. Ambedkar described the Directive Principles of State Policy as a “novel feature” of the Indian Constitution, as outlined in Part IV. These principles can be categorized into three broad types: socialistic, Gandhian, and liberal-intellectual.

The Directive Principles aim to promote the ideals of social and economic democracy, with the goal of establishing a “welfare state” in India. Unlike the Fundamental Rights, Directive Principles are non-justiciable, meaning they cannot be enforced by the courts if violated. Nevertheless, the Constitution states that “these principles are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws,” thereby imposing a moral obligation on state authorities to implement them. The real impetus behind these principles comes from political forces, specifically public opinion.

In the Minerva Mills case (1980), the Supreme Court asserted that “the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles.”

  1. Fundamental Duties

Initially, the Constitution did not include provisions for Fundamental Duties. These were introduced during the internal emergency (1975–77) via the 42nd Constitutional Amendment Act of 1976, following recommendations from the Swaran Singh Committee. The 86th Constitutional Amendment Act of 2002 subsequently added an additional fundamental duty.

Part IV-A of the Constitution contains a single Article (51-A) that specifies eleven Fundamental Duties, which include responsibilities such as respecting the Constitution, the national flag, and the national anthem; safeguarding the sovereignty, unity, and integrity of the country; fostering a spirit of common brotherhood among all individuals; and preserving the rich heritage of the nation’s composite culture, among others.

Fundamental Duties serve as a reminder to citizens that while they enjoy their rights, they must also be mindful of the duties they owe to their country, society, and fellow citizens. However, similar to the Directive Principles, these duties are also non-justiciable in nature.

  1. A Secular State

The Constitution of India establishes the country as a Secular State, meaning it does not endorse or designate any particular religion as the official religion of the Indian State. Several provisions within the Constitution underscore the secular nature of the Indian State:

(a) The term “secular” was incorporated into the Preamble through the 42nd Constitutional Amendment Act of 1976. 

(b) The Preamble guarantees to all citizens the liberty to believe, have faith in, and worship as they choose. 

(c) Article 14 ensures that the State shall not deny any person equality before the law or equal protection under the law. 

(d) Article 15 prohibits the State from discriminating against any citizen based on religion. 

(e) Article 16 guarantees equality of opportunity for all citizens in public employment. 

(f) Article 25 affirms that all individuals are entitled to freedom of conscience and the right to profess, practice, and propagate any religion. 

(g) Article 26 provides that every religious denomination has the right to manage its own religious affairs. 

(h) Article 27 states that no individual shall be compelled to pay taxes for the promotion of any particular religion. 

(i) Article 28 prohibits religious instruction in any educational institution maintained by the State. 

(j) Article 29 ensures that any section of citizens can conserve its distinct language, script, or culture. 

(k) Article 30 grants minorities the right to establish and manage educational institutions of their choosing. 

(l) Article 44 encourages the State to secure a Uniform Civil Code for all citizens.

The Western concept of secularism typically emphasizes a complete separation between religion (the church) and the state (politics). This negative view is not suitable for India’s multireligious society, leading the Indian Constitution to embody a positive form of secularism that emphasizes equal respect for all religions.

Furthermore, the Constitution terminates the previous system of communal representation, which reserved legislative seats based on religion, while still providing temporary reservations for Scheduled Castes and Scheduled Tribes to ensure their adequate representation.

  1. Universal Adult Franchise

The Indian Constitution endorses universal adult franchise as the foundation for elections to the Lok Sabha and state legislative assemblies. Every citizen aged 18 years and older has the right to vote without discrimination based on caste, race, religion, gender, literacy, wealth, or other factors. The voting age was lowered from 21 to 18 years by the 61st Constitutional Amendment Act of 1988.

Implementing universal adult franchise was a significant and bold move by the Constitution-makers, especially considering the vast size of the country, its large population, widespread poverty, social inequality, and high levels of illiteracy. This principle broadens the democratic framework, elevates the self-respect and status of ordinary citizens, upholds equality, empowers minorities to safeguard their interests, and creates new opportunities for marginalized groups.

  1. Single Citizenship

While the Indian Constitution establishes a federal structure, which includes both the Centre and the states, it provides for only a single citizenship—Indian citizenship. In contrast, in countries like the USA, individuals are not only citizens of the USA but also citizens of the specific state they belong to, thus pledging allegiance to both the national and state governments and enjoying dual sets of rights.

In India, all citizens, regardless of the state in which they are born or reside, possess the same political and civil rights on a national level, with no discriminatory practices based on their place of origin.

Despite this provision for single citizenship and uniform rights for all citizens, India continues to experience communal riots, class conflicts, caste strife, linguistic disputes, and ethnic tensions. This indicates that the Constitution-makers’ aspiration to create a unified and integrated Indian nation has not yet been fully achieved.

  1. Independent Bodies

The Indian Constitution establishes not only the legislative, executive, and judicial branches of government at both the central and state levels but also mandates the creation of several independent bodies. These entities are considered integral to the functioning of India’s democratic system. They include:

(a) Election Commission: Responsible for overseeing free and fair elections for the Parliament, state legislatures, and the offices of the President and Vice-President of India. 

(b) Comptroller and Auditor-General of India: Tasked with auditing the accounts of the central and state governments, acting as the guardian of public funds, and assessing the legality and propriety of government expenditures. 

(c) Union Public Service Commission: Conducts examinations for recruitment to all-India services and higher central services, and advises the President on disciplinary matters. 

(d) State Public Service Commissions: Established in each state to conduct examinations for state services and provide advice to governors on disciplinary issues.

The Constitution safeguards the independence of these bodies through various provisions, such as security of tenure, fixed service conditions, and allocation of their expenses from the Consolidated Fund of India.

  1. Emergency Provisions

The Indian Constitution incorporates comprehensive emergency provisions to empower the President to address extraordinary situations effectively. These provisions aim to protect the sovereignty, unity, integrity, and security of the nation, as well as the democratic political framework and the Constitution itself.

The Constitution recognizes three types of emergencies:

(a) National Emergency: Declared on the grounds of war, external aggression, or armed rebellion (Article 352). 

(b) State Emergency (President’s Rule): Imposed when there is a failure of constitutional machinery in the states (Article 356) or failure to adhere to the directives of the Centre (Article 365). 

(c) Financial Emergency: Declared in response to threats to the financial stability or credit of India (Article 360).

During an emergency, the central government gains significant powers, effectively placing the states under its total control. This transformation shifts the federal structure to a unitary one without the need for a formal amendment to the Constitution, representing a unique characteristic of the Indian Constitution.

  1. Three-tier Government

Initially, the Indian Constitution, like other federal constitutions, provided for a dual polity, outlining the organization and powers of both the Centre and the states. However, the 73rd and 74th Constitutional Amendment Acts of 1992 introduced a third tier of government—local government—an aspect that is not present in any other constitution worldwide.

The 73rd Amendment Act of 1992 granted constitutional recognition to panchayats (rural local governments) through the addition of a new Part IX and a new Schedule 11 to the Constitution. Similarly, the 74th Amendment Act of 1992 recognized municipalities (urban local governments) by incorporating a new Part IX-A and a new Schedule 12.

  1. Co-operative Societies

The 97th Constitutional Amendment Act of 2011 conferred constitutional status and protection to co-operative societies by making several significant changes to the Constitution:

  1. It established the right to form co-operative societies as a fundamental right (Article 19).
  2. It introduced a new Directive Principle of State Policy focused on promoting co-operative societies (Article 43-B).
  3. It created a new Part IX-B entitled “The Co-operative Societies” (Articles 243-ZH to 243-ZT).

This new Part IX-B includes provisions to ensure that co-operative societies operate in a democratic, professional, autonomous, and economically viable manner. It grants Parliament authority over multi-state cooperative societies and allows state legislatures to regulate other co-operative societies by enacting appropriate laws.

The Constitution of India, as formulated and adopted by the Constituent Assembly, has faced criticism on several grounds:

  1. A Borrowed Constitution

Critics argue that the Indian Constitution lacks originality, describing it as a “borrowed Constitution” or a “hotch-potch” of global constitutional elements. This criticism is deemed unfair and illogical since the framers adapted and modified borrowed features to suit Indian conditions while avoiding their shortcomings. In response to this criticism, Dr. B.R. Ambedkar, Chairman of the Drafting Committee, stated that given the historical context, all constitutions must share similar foundational elements. He emphasized that the real innovation lies in the modifications that address local needs, arguing that claims of mere imitation stem from inadequate study of the Constitution.

  1. A Carbon Copy of the 1935 Act

Another criticism posits that the Constitution incorporates significant provisions from the Government of India Act of 1935, leading some to label it a “Carbon Copy.” For instance, N. Srinivasan noted that the Indian Constitution closely resembles the 1935 Act in both language and substance. Sir Ivor Jennings also remarked that the Constitution derives directly from the 1935 Act. Dr. Ambedkar addressed this criticism by asserting that borrowing from earlier frameworks is not plagiarism, and he did not shy away from acknowledging the connection to the Government of India Act, arguing that there’s nothing wrong with borrowing established ideas.

  1. Un-Indian or Anti-Indian

Critics have characterized the Indian Constitution as ‘un-Indian’ or ‘anti-Indian’ due to its perceived failure to reflect India’s political traditions and spirit. Some members of the Constituent Assembly, like K. Hanumanthaiya, voiced concerns that the Constitution mirrored Western influences rather than Indian cultural values. Similar sentiments were echoed by Lokanath Misra and Lakshminarayan Sahu, who contended that the document is disconnected from India’s fundamental ethos and lacks suitability for the nation.

  1. An Un-Gandhian Constitution

Criticism has also been directed at the Constitution for not embodying the philosophy of Mahatma Gandhi, which some argue should have been foundational to its principles. K. Hanumanthaiya pointed out that the Constitution did not align with Gandhi’s vision for a governance system centered around village and district panchayats. T. Prakasam attributed this shortcoming to Dr. Ambedkar’s lack of engagement with the Gandhian movement and potential bias against its ideals.

  1. Elephantine Size

Some critics contend that the Indian Constitution is excessively lengthy and detailed, containing elements that are deemed unnecessary. Sir Ivor Jennings remarked that the Constitution is overly long and complex. H.V. Kamath expressed concerns about the Constitution’s size, likening it to the emblem of an elephant and questioning the necessity of such bulkiness.

  1. Paradise of the Lawyers

The legalistic nature of the Indian Constitution has also drawn criticism, with claims that its complex language creates a challenging document. Sir Ivor Jennings referred to it as a “lawyer’s paradise.” H.K. Maheshwari warned that the document encourages a litigious mindset among citizens, detracting from the principles of truth and non-violence. P.R. Deshmukh criticized the draft for being too cumbersome, likening it to a ponderous law manual rather than a vibrant sociopolitical document, expressing regret over the excessive use of language that could have been streamlined.

Below is an overview of the various Parts, their subject matter, and the corresponding Articles covered in the Constitution of India:

Parts

Subject Matter

Articles Covered

I

The Union and its territory

1 to 4

II

Citizenship

5 to 11

III

Fundamental Rights

12 to 35

IV

Directive Principles of State Policy

36 to 51

IV-A

Fundamental Duties

51-A

V

The Union Government

52 to 151

– Chapter I

The Executive

52 to 78

– Chapter II

Parliament

79 to 122

– Chapter III

Legislative Powers of President

123

– Chapter IV

The Union Judiciary

124 to 147

– Chapter V

Comptroller and Auditor-General of India

148 to 151

VI

The State Governments

152 to 237

– Chapter I

General

152

– Chapter II

The Executive

153 to 167

– Chapter III

The State Legislature

168 to 212

– Chapter IV

Legislative Powers of Governor

213

– Chapter V

The High Courts

214 to 232

– Chapter VI

Subordinate Courts

233 to 237

VII

The States in Part B of the First Schedule (deleted)

238 (deleted)

VIII

The Union Territories

239 to 242

IX

The Panchayats

243 to 243-O

IX-A

The Municipalities

243-P to 243-ZG

IX-B

The Co-operative Societies

243-ZH to 243-ZT

X

The Scheduled and Tribal Areas

244 to 244-A

XI

Relations between the Union and the States

245 to 263

– Chapter I

Legislative Relations

245 to 255

– Chapter II

Administrative Relations

256 to 263

XII

Finance, Property, Contracts and Suits

264 to 300-A

– Chapter I

Finance

264 to 291

– Chapter II

Borrowing

292 to 293

– Chapter III

Property, Contracts, Rights, Liabilities, Obligations and Suits

294 to 300

– Chapter IV

Right to Property

300-A

XIII

Trade, Commerce and Intercourse within the Territory of India

301 to 307

XIV

Services under the Union and the States

308 to 323

– Chapter I

Services

308 to 314

– Chapter II

Public Service Commissions

315 to 323

XIV-A

Tribunals

323-A to 323-B

XV

Elections

324 to 329-A

XVI

Special Provisions relating to Certain Classes

330 to 342-A

XVII

Official Language

343 to 351-A

– Chapter I

Language of the Union

343 to 344

– Chapter II

Regional Languages

345 to 347

– Chapter III

Language of the Supreme Court, High Courts, etc.

348 to 349

– Chapter IV

Special Directives

350 to 351

XVIII

Emergency Provisions

352 to 360

XIX

Miscellaneous

361 to 367

XX

Amendment of the Constitution

368

XXI

Temporary, Transitional and Special Provisions

369 to 392

 

 

 

XXII

Short title, Commencement, Authoritative Text in Hindi and Repeals

 

This table provides a comprehensive overview of the structure and content of the Indian Constitution, highlighting its organization into various Parts and the articles therein.

Below is an overview of the various Schedules of the Indian Constitution, outlining their subject matter and the corresponding Articles covered:

Schedule

Subject Matter

Articles Covered

First Schedule

1. Names of the States and their territorial jurisdiction.
2. Names of the Union Territories and their extent.

1 and 4

Second Schedule

Provisions relating to the emoluments, allowances, privileges, etc., of:
1. President of India
2. Governors of States
3. Speaker and Deputy Speaker of the Lok Sabha
4. Chairman and Deputy Chairman of the Rajya Sabha
5. Speaker and Deputy Speaker of the Legislative Assembly in the states
6. Chairman and Deputy Chairman of the Legislative Council in the states
7. Judges of the Supreme Court
8. Judges of the High Courts
9. Comptroller and Auditor-General of India

59, 65, 75, 97, 125, 148, 158, 164, 186, and 221

Third Schedule

Forms of Oaths or Affirmations for:
1. Union ministers
2. Candidates for election to Parliament
3. Members of Parliament
4. Judges of the Supreme Court
5. Comptroller and Auditor-General of India
6. State ministers
7. Candidates for election to the state legislature
8. Members of the state legislature
9. Judges of the High Courts

75, 84, 99, 124, 146, 173, 188 and 219

Fourth Schedule

Allocation of seats in the Rajya Sabha to the states and Union Territories.

4 and 80

Fifth Schedule

Provisions concerning the administration and control of scheduled areas and scheduled tribes.

244

Sixth Schedule

Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.

244 and 275

Seventh Schedule

Division of powers between the Union and the States, consisting of:
List I (Union List), List II (State List), List III (Concurrent List). Currently, the Union List contains 98 subjects, the State List contains 59 subjects, and the Concurrent List includes 52 subjects.

246

Eighth Schedule

Languages recognized by the Constitution. Initially, it recognized 14 languages, now totaling 22.

344 and 351

Ninth Schedule

Acts and Regulations (originally 13, now 282) of state legislatures regarding land reforms and abolition of zamindari, along with Parliament’s laws. Added by the 1st Amendment (1951) to protect laws from judicial scrutiny. However, laws included after April 24, 1973, are subject to judicial review.

Tenth Schedule

Provisions related to the disqualification of Members of Parliament and State Legislatures on the grounds of defection, added by the 52nd Amendment Act of 1985 (Anti-defection Law).

102 and 191

Eleventh Schedule

Specifies the powers, authority, and responsibilities of Panchayats, containing 29 matters, added by the 73rd Amendment Act of 1992.

243-G

Twelfth Schedule

Specifies the powers, authority, and responsibilities of Municipalities, containing 18 matters, added by the 74th Amendment Act of 1992.

 

This table summarizes the different Schedules of the Indian Constitution, highlighting their respective subjects and articles associated with each.

Below is a summary of the various sources of the Indian Constitution, highlighting their features and the elements borrowed from each:

 

 

 

Sources

Features

Borrowed

1. Government of India Act of 1935

Federal scheme, office of the governor, judiciary, public service commissions, emergency provisions, and administrative details.

Key structural elements of governance and administration.

2. British Constitution

Parliamentary government, rule of law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges, and bicameralism.

Principles of governance and legislative processes.

3. US Constitution

Fundamental rights, independence of judiciary, judicial review, impeachment of the president, removal of Supreme Court and High Court judges, and the post of vice-president.

Emphasis on individual rights and judicial processes.

4. Irish Constitution

Directive Principles of State Policy, nomination of members to Rajya Sabha, and the method of election of the president.

Framework for social and political governance.

5. Canadian Constitution

Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court.

Elements of federalism and administrative authority.

6. Australian Constitution

Concurrent List, freedom of trade, commerce and intercourse, and joint sitting of the two Houses of Parliament.

System of shared legislative powers and trade rights.

7. Weimar Constitution of Germany

Suspension of Fundamental Rights during emergencies.

Emergency provisions regarding civil liberties.

8. Soviet Constitution (USSR, now Russia)

Fundamental duties and the ideal of justice (social, economic, and political) in the Preamble.

Incorporation of social justice principles.

9. French Constitution

Republic and the ideals of liberty, equality, and fraternity in the Preamble.

Emphasis on democratic values and social ideals.

10. South African Constitution

Procedure for amendment of the Constitution and election of members of Rajya Sabha.

Legislative procedures and electoral frameworks.

11. Japanese Constitution

Procedure established by law.

Legal principles governing the rule of law.

 

These sources collectively influenced the crafting of the Indian Constitution, integrating a wide range of ideas to create a framework suited to the nation’s unique context.

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