different sources of the indian constitution

INTRODUCTION

The Indian Constitution is the country’s ultimate law. It establishes the government’s core political principles, methods, practices, rights, authorities, and responsibilities. It confers constitutional supremacy rather than parliamentary supremacy since it was drafted by a constituent assembly and ratified by the people with a declaration in the preamble. It is impossible for Parliament to override it. In the year 1949, the Indian constitution was approved on November 26th. However, it went into force on January 26, 1950. The Republic Day of India is observed on January 26th. The Union of India became the current and modern Republic of India with the ratification of the constitution. The world’s longest constitution is the Indian’s constitution. At its commencement, it had 395 articles in 22 parts and 8 schedules. It consists of approximately 145,000 words, making it the second largest active constitution in the world It is so long because the framers had derived different aspects from various different sources from around the world when framing the Indian Constitution. This large variety of sources is what made it unique and different from other constitutions around the world.

SOURCES OF THE INDIAN CONSTITUTION

The Sources of the Indian Constitution are as follows:

  1. Government of India Act, 1935.The aspects taken from this act were:

Federal Scheme

The federalism in India represents the distribution of legal authorities over national, state, and neighborhood governments in the country. It sets up a bureaucratic structure for the government of India, proclaiming it as a “union of states”.

Office of Governor

Article 153 of the Indian constitution mandates designation of governor in each state of India who represents as the chief executive leader of a state. A specially constituted Electoral College elects the governor.

Judiciary

The Indian judiciary is integrated with the system, unlike the legislature or executive branches. Chapter IV under Part V of the Indian constitution talks about the Union Judiciary, where article 124 to 147 concerns the constitution

Emergency Provisions

Emergency provisions are mentioned in Part XVIII of the constitution which vests power with the President to impose emergency rule in any part or all states of India, concerning the security or war reasons

Administrative details

The administrative section gives an insight into the governance and administration system of India at the central, state, and local level.

  • British Constitution:

It provided for Parliamentary form of government, The idea of single citizenship, The idea of the Rule of law, Prerogative Writs, Institution of Speaker and his role, Legislative procedure, Bicameralism, Procedure established by Law and Parliamentary privileges.

  • Canadian Constitution

The Canadian Constitution inspired the concept of a federation with a strong center. Because of India’s variety, which includes many races, faiths, and languages, the nation operates under a federal form of government at all levels: Union, State, and Local. Residuary rights to be vested in the Centre: Following the division of powers outlined in the constitution’s three lists, a scenario may occur in which a certain subject is not addressed in any of the lists. In such situations, Article 248 of the Constitution, which empowers the Union with residuary legislative powers, will come into play. Advisory jurisdiction of the Supreme Court: Article 143 of the Indian constitution refers to the special advisory jurisdiction of the Supreme Court in matters which may specifically be referred to the court by the President of the country.

  • French Constitution

The basic principles of Liberty, Equality, and Fraternity as enshrined under the Indian Preamble are borrowed from the French constitution.

  • Irish Constitution

The Directive Principles of State Policy, which are mentioned in Part IV of the Indian constitution, are the major clause adopted from the Irish constitution. The clause establishes the state’s obligation to follow the principles of socialist, Gandhian, and liberal intellectual instructions in the legislative process.

  • Australian Constitution

Articles 301 to 307 of the Indian constitution establish the freedom of trade, commerce, and intercourse inside the country and between the states. The concurrent list and joint-sitting clauses of both chambers of parliament were also borrowed from the Australian constitution.

  • United States of America constitution

President Impeachment

The president can be impeached under Article 61 of the constitution, which states that the president can be removed if he or she violates the constitution. The charge of impeachment is carried out by passing a resolution in the legislative chamber, which requires a two-thirds majority.

Removal of Supreme Court and High Court judges

It is governed under Article 124 (4) of the constitution which vests the power with the president to remove a judge on the ground of misbehavior or incapacity, with a majority of not less than two-thirds of members of each house of parliament.

Judicial Review

It is the power given to the judiciary to interpret the constitution and declare any concerned law or order void if it stands in violation of the constitution.

Preamble and Fundamental Rights

The Preamble is the heart and spirit of the Indian constitution, since it enshrines the fundamental structure and ideas, as well as a summary of the whole document. In addition, the Indian constitution establishes six essential rights for citizens.

  • Weimar Constitution

The suspension of fundamental rights during an emergency is governed under Article 352

  • Japan Constitution

The concept of ‘procedure established by law’ was adopted from the constitution of Japan. The idea implies that the legal procedure is implicitly correct, pursuing the proper method as approved by the relevant authority or legislation. According to this notion, an individual’s rights and freedoms might be revoked in accordance with legal procedures.

  • Constitution of South Africa

Part XX of the Indian constitution provides article 368 that governs the procedure for amendment of the constitution. The provision states that parliament may include, amend, or repeal any provision of the constitution in accordance with the procedure set down for this reason. It had been derived from the provision for amendment in the South African Constitution.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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