What are the Main Sources of the Indian Constitution?
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Discuss the sources of the Indian constitution -What are the Main Sources of the Indian Constitution?
Indian constitution: Sources of Indian constitution
- Dr. B.R.Ambedkar stated that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the world’, and the framers of the Constitution made necessary modification in the features borrowed from other constitutions for their suitability to the India conditions, some of which included :
- Geographical features of India, i.e. vastness and diversity of the nation.
- Historical Factors
- Cultural Heritage of the nation
- In India, the Constituent Assembly was constituted in November 1946, under the scheme formulated by the Cabinet Mission Plan.
- The Constituent Assembly was to be a partly elected and partly nominated body.
- The members were to be indirectly elected by the members of the provincial assemblies, who themselves were elected on a limited franchise.
- It comprised of representatives of all sections of Indian society.
- The Constitution framers adopted from several sources, features which are present in the Indian Constitution.
- The main sources may be identified as –
1.Government of India Act, 1935:
- Federal scheme
- Office of Governor
- Public Service Commissions
- Emergency Provisions
- Administrative system
2. British Constitution:
- Parliamentary form of Government. -British
- Rule of law -British
- Single Citizenship -British
- Legislative Procedure -British
- Cabinet system -British
- Prerogative Writs -British
3. US Constitution –
- Fundamental Rights
- Judicial review
- Impeachment of President
- Independence of Judiciary
- Removal of vice – president
- Removal of High Court and supreme court Judges
4 .Irish Constitution:
- Directive Principles of State Policy
- Nomination of members to Rajya Sabha
- Method of election of President
- Federation with a strong centre
- residuary powers with the centre
- appointment of state governors by the centre
- advisory jurisdiction of the Supreme Court.
6. Australian Constitution:
- Concurrent List
- Freedom of trade, commerce
- joint sitting of the two Houses of Parliament.
7. Weimar Constitution
- Suspension of Fundamental Rights during Emergency.
- Fundamental duties
- the ideal of justice (social, economic and political) in the Preamble.
- Republic and the ideals of liberty equality and fraternity in the Preamble
10.South African Constitution:
- Procedure for amendment, the Constitution and election of the members of Rajya Sabha.
- Procedure established by law