SOURCES AND FRAMING OF THE INDIAN CONSTITUTION
INTRODUCTION
Dr. BR Ambedkar observed that the only new thing that a Constitution should have
in it is: the variations made to remove the faults of the Constitutions of other
countries and to accommodate it to the needs of our nation. (CAD, Vol-VII).
Following the same path, the Constitution of India has adopted the best features of
the major Constitutions of the world keeping in mind the socio- economic problems
of the India and as per the needs, culture and diversity of our country.
THE SOURCES OF THE INDIAN CONSTITUTION
Provisions Source/Country
Constitution of the 1. Preamble
United States 2. Fundamental Rights
3. Federal structure of government
4. Electoral College
5. Independence of the judiciary and separation of
powers among the government
6. Judicial review
7. President as Supreme Commander of Armed Forces
8. Equal protection under law
British constitution 1. Parliamentary form of government
2. The idea of single citizenship
3. The idea of the Rule of law
4. Writs
5. Institution of Speaker and his role
6. Law making procedure
7. Procedure established by Law
Canadian constitution 1. A quasi-federal form of government –
a federal system with a strong central government
2. Distribution of powers between the central government
and state governments
3. Residual powers retained by the central government
Irish constitution 1. Directive Principles of State Policy
(Ireland) 2. Nomination of members to Rajya Sabha
3. Method of Election of President
French constitution 1. Republic and the ideals of Liberty, Equality and Fraternity
in the Preamble
Australian constitution 1. Freedom of trade and commerce within the country and
between the states
2. Power of the national legislature to make laws for
implementing treaties
3. Concurrent List
Constitution of Soviet 1. Fundamental Duties under Article 51-AA
Union (USSR) 2. Constitutionally mandated Planning Commission to
oversee the economy
Constitution of South 1. Procedure for amendment Election of Rajya Sabha members
Africa
Constitution of Germany 1. Emergency powers to be enjoyed by the Union
2. Suspension of Fundamental Rights during emergency.
Constitution of Russia 1. Fundamental DutiesIdea of Social, Economic, and
Political Justice in Preamble
Constitution of Japan 1. Procedure Established by Law
Government of India Act 1. Federal Scheme
1935 2. Emergency Provisions
3. Public Service Commissions
4. Office of Governor
5. Judiciary
6. Administrative Details
FRAMING OF THE CONSTITUTION
The constitution of India was adopted by a Constituent Assembly formed
under the Cabinet Mission Plan of 1946. The Constituent Assembly
constituted 13 commissions to outline the constitution.
Based on the reports of these committees, a draft constitution was drafted by
a seven-member drafting committee headed by Dr. BR Ambedkar.
In January 1948, the draft constitution was issued and citizens were given
eight months.
After the citizens, the draft was debated in view of the suggestions received
by the press, provincial assemblies and the Constituent Assembly, finally
adopted on 26 November 1949 and signed by the Speaker of the Legislative
Assembly.
Therefore, the Constituent Assembly took 2 years, 11 months and 18 days to
complete the constitution of India. And as discussed above the Indian
constitution is a borrowed constitution.
The legislative system, general citizenship, rule of law, normative state policy,
etc. are all borrowed features of the Indian Constitution. The Constitution of
India incorporated the best features of many existing structures.
