QUES . The Indian Constitution is enriched by the Constitutions of other countries. Elaborate. UPSC IES/ISS EXAM 2023 General Studies. 200 Words. 5 Marks
HINTS:
The Constitution of India has borrowed many of its provisions from the Constitutions of various other countries. Dr. B.R. Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the World’.
The major sources of Indian Constitution are:
The philosophical part of the Constitution (the Fundamental Rights and the Directive Principles of State Policy) derive their inspiration from the American and Irish Constitutions, respectively.
The political part of the Constitution (the principle of Cabinet Government and the relations between the Executive and the Legislature) have been largely drawn from the British Constitution.
Must read: “The Indian Constitution is a living document.”
The other provisions of the Constitution have been drawn from the Constitutions of Canada (Federation with a strong Centre, vesting of residuary powers in the Centre); Australia (Concurrent List and joint sitting of the two Houses of Parliament); Germany (Suspension of Fundamental Rights during Emergency); USSR (Fundamental duties); France (Republic and the ideals of liberty, equality and fraternity in the Preamble); South Africa (Procedure for amendment of the Constitution and election of members of Rajya Sabha); Japan (Procedure established by Law) and so on.
Must read: WHY DO WE NEED A CONSTITUTION?
That is why, the Indian Constitution is criticised as a bag of borrowings or just a patchwork.
It is true that it had borrowed features from other countries but was drafted according to the historical perspective, geographical diversity, cultural and traditional characteristics of India. The Indian Constitution is unique in its contents and spirit. Although it had picked up many features from other constitutions of the world the constitution of India has several salient features that distinguish it from the constitutions of other countries.
Must read: What are the basic structures of the Indian Constitution? Can they be amended?
For example, even though the Indian parliamentary system is largely based on the British pattern, there are some fundamental differences between the two. The Indian Parliament is not a sovereign body like the British Parliament. Further, the Indian State has an elected head (republic) while the British State has hereditary head (monarchy).
Must read: “The Preamble is the key to the whole constitution”
The Indian Constitution stands out for its distinctiveness and values, drawing inspiration from global constitutional practices. It incorporates noteworthy elements from various constitutions worldwide, yet possesses unique features that set it apart from others, making it special among the world’s constitutions.
External link: https://en.wikipedia.org/wiki/Constitution_of_India
