Why the framers borrowed, and why it was not copying
The Constitution drew on the Government of India Act 1935 and on the constitutions of many countries. Critics called it a "bag of borrowings". Ambedkar answered that there could be nothing new in a constitution framed so late in history; what mattered was that the borrowed features were adapted to Indian conditions and that the defects of their originals had been avoided.
The single largest source was the Government of India Act 1935.
The philosophical part (Fundamental Rights and Directive Principles) drew mainly on the American and Irish constitutions.
The political part (parliamentary government) drew mainly on the British model.
Quick check: Which document is regarded as the single largest source of the Constitution of India?
British Constitution
US Constitution
Government of India Act, 1935
Irish Constitution
Answer: C.
Government of India Act, 1935
The structural skeleton
About 250 provisions of the Constitution were taken from, or modelled on, the Government of India Act 1935. From it came the federal scheme, the office of Governor, the structure of the judiciary, the Public Service Commissions, the emergency provisions and many administrative details.
Federal scheme and the three-list division of powers.
Office of the Governor.
Judiciary, Public Service Commissions and emergency provisions.
Quick check: The emergency provisions and the office of the Governor were drawn mainly from:
The Weimar Constitution
Government of India Act, 1935
The US Constitution
The Canadian Constitution
Answer: B.
British Constitution
The parliamentary model
From Britain came the parliamentary form of government, the idea of single citizenship, the rule of law, the legislative procedure, the cabinet system, the prerogative writs, parliamentary privileges and bicameralism.
Parliamentary government and cabinet system.
Single citizenship.
Rule of law and prerogative writs.
Parliamentary privileges and bicameralism.
Quick check: Single citizenship in the Indian Constitution is borrowed from:
Canada
USA
Britain
Ireland
Answer: C.
US Constitution
Rights and an independent judiciary
From the United States came the Fundamental Rights, the independence of the judiciary, judicial review, the impeachment of the President, the removal of Supreme Court and High Court judges, and the post of Vice-President.
Fundamental Rights (the US Bill of Rights).
Judicial review and an independent judiciary.
Impeachment of the President; the Vice-President.
Quick check: Judicial review in India is borrowed from which country's constitution?
Japan
Britain
France
USA
Answer: D.
Irish Constitution
Directive Principles
From the Irish Constitution of 1937 came the Directive Principles of State Policy, the nomination of members to the Rajya Sabha, and the method of electing the President.
Directive Principles of State Policy.
Nomination of members to the Rajya Sabha.
Method of election of the President.
Quick check: The Directive Principles of State Policy were inspired by the constitution of:
Ireland
USSR
Australia
Canada
Answer: A.
23 more entries under this heading
Canadian Constitution · A federation with a strong centre
Australian Constitution · The Concurrent List
Weimar Constitution of Germany · Rights during an Emergency
Soviet Constitution (USSR) · Fundamental Duties
French Constitution · Liberty, equality, fraternity
South African Constitution · Amending the Constitution
Japanese Constitution · Procedure established by law
Why Not "Due Process"? · The Frankfurter conversation
Sources of the Preamble · Objectives Resolution, USA, France, USSR
Source: Parliamentary Government · Cabinet responsible to the lower House
Source: Prerogative Writs · Habeas corpus, mandamus, prohibition, certiorari and quo warranto
Source: Judicial Review · Courts can strike down unconstitutional laws
Source: Impeachment of the President · Removal of the head of state by the legislature
Source: Vice-President as Presiding Officer · The Vice-President chairs the upper House
Source: Directive Principles · Non-justiciable principles of policy
Source: Nomination to the Rajya Sabha · Nominating distinguished persons to the upper House
Source: Strong Centre and Residuary Powers · A federation with a strong Centre holding residuary powers
Source: Concurrent List · Subjects on which both Union and states can legislate
Source: Suspension of Rights during Emergency · Fundamental rights suspended in an emergency
Source: Fundamental Duties · Duties of citizens
Source: Liberty, Equality and Fraternity · Ideals of the Preamble and the republic
Source: Amendment Procedure · Procedure for amending the Constitution and electing Rajya Sabha members
Source: "Procedure Established by Law" · The phrase in Article 21
PlusAll 28 entries, and every heading in the LibraryYours from ₹1,499, till CLAT 2028See Plus
