Sources of Constitution of India

Constitution of India

What is meaning of Constitution? 

  • The Constitution is the fundamental set of principles and laws that establish how a government operates. 
  • The Constitution defines the structure of the government, the rights of the people, and the powers and responsibilities of different branches of the government. 
  • It serves as the supreme law of a nation or state, guiding legal and political decisions.

Sources of Constitution of India 

The sources of Constitution of India are as follows: 

1. Government of India Act of 1935

  • Federal Scheme– Division of powers between the Centre and the States.
  • Office of the Governor– Role and powers of the Governor as the head of state.
  • Judiciary– Structure of courts – provisions for the Supreme Court and High Courts.
  • Public Service Commissions– Establishing commissions such as the UPSC and State PSCs.
  • Emergency Provisions– Framework for handling extraordinary situations in the country.
  • Administrative Details– The basic administrative structure and governance mechanisms.

2. British Constitution

  • Parliamentary System of Government– Close relationship between the executive and legislature organs of the government.
  • Rule of Law– No individual is above the law.
  • Legislative Procedure– Procedure for enacting laws.
  • Single Citizenship– India provides single citizenship to all citizens.
  • Cabinet System– Role of Prime Minister and the Council of Ministers.
  • Prerogative Writs- Citizens receive protections for their Fundamental Rights and acquire specified privileges.
  • Parliamentary Privileges- They represent the distinct advantages which both Members of Parliament receive through their membership of Lok Sabha and Rajya Sabha. 
  • Bicameral System- A bicameral system applies to governments when their legislative body contains two chambers, so in India, it has Lok Sabha as well as the Rajya Sabha.

3. U.S. Constitution

  • Fundamental RightsFundamental rights that safeguard the personal liberties of the citizens. 
  • Independence of the JudiciaryThe judicial system operates independently from both legislative and executive branches.
  • Judicial ReviewThe power of courts to review the laws made by the legislature.
  • Impeachment of the PresidentThe President may face impeachment to remove them from their position
  • Removal of Supreme Court and High Court JudgesThe process that allows judges on both the Supreme Court and High Court to be removed from their positions.
  • Post of the Vice-President– The role and responsibilities of the Vice-President.

4. Irish Constitution

  • Directive Principles of State Policy (DPSP) – The Directive Principles of State Policy (DPSPs) serve as fundamental guidelines for national governance to establish socio-economic justice through equality among citizens of the country.
  • Nominations of Members to Rajya Sabha – The provisions of nomination of members in the Rajya Sabha. 
  • Methods of Election of the President – The system for electing the Indian President through an electoral college.

5. Canadian Constitution

  • Federation with a Strong Centre– India follows a federal system where the Centre has overriding powers.
  • Residuary Powers with the Centre– Unspecified powers that remain with the central government.
  • Appointment of State Governors by the Centre– Role of Governors as representatives of the Union Government in States.
  • Advisory Jurisdiction of the Supreme Court– The Supreme Court provides legal advice to the Indian President.

6. Australian Constitution

  • Concurrent List– The division of subjects between the Centre and States where both can legislate.
  • Freedom of Trade, Commerce & Intercourse– It promotes economic unity between states.
  • Joint Sitting of Parliament- A method of breaking any deadlock that may occur between the two Houses of Parliament, i.e. Lok Sabha and Rajya Sabha.

7. Weimar Constitution of Germany

  • Suspension of Fundamental Rights during Emergency– Allows suspension of rights in times of national crisis.

8. Soviet Constitution (USSR, now Russia)

  • Fundamental Duties– Responsibilities of citizens towards the nation.
  • Ideal of Justice (Social, Economic, and Political) in the Preamble– Commitment to an equitable society.

9. French Constitution

  • Republic– According to the Preamble of the Indian Constitution, India is a sovereign, democratic, republic.
  • Liberty, Equality, and Fraternity– These are the principles that are enshrined in the Preamble of the Indian Constitution.

10. South African Constitution

  • Procedure for Amendment of the ConstitutionThe process used to change the Constitution is called the Procedure for Amendment of the Constitution.
  • Election of Members to Rajya SabhaMember positions within Rajya Sabha are filled through indirect voting by State Legislative Assemblies.