_Sources of the Indian Constitution_

somyajeet

Some Facts

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*-    From Russia Revolution 1917
        - Ideal Of Justice In Social, Education, Economic And Political

*-    From French Revolution 1789-1799:
        -Ideal of Liberty, Equality and fraternity

        -Ideal of Republic

Here, we should make it clear that Constitution Declares the Indian State to be sovereign, democratic, republic and from 1977 secular and socialist. Each of these concepts is intertwined with the social and political history of civilization, battle of ideas and system of Governance. The American Revolution, The French Revolution, The Russian Revolution and India’s own freedom struggle contributed to these concepts. The ideal of Republic cannot be said to be borrowed from French Constitution alone. The Declaration of the Rights of Man and of the Citizen from which the ideal of “Liberté, égalité, fraternité” has been taken was the motto inspired by the French Revolution and following the Liberation, the Provisional Government of the French Republic (GPRF) re-established the Republican motto Liberté, égalité, fraternité, which is incorporated into both the 1946 and the 1958 French constitutions. French slogan of “Liberty, Equality and Fraternity” as an ideal has been borrowed from French Revolution to Indian constitution. Immediately before the Indian Constitution, amendments to the 1936 Constitution established separate branches of the Red Army for each Soviet Republic. Decision to Become a Republic was taken in May 1949.

*-    From Govt. of India Act 1935
       -Federal Scheme (also from constitution of Canada)
       -Office of Governor Judiciary
       -Public Service Commission
       -Emergency
       -Administrative Details

*-    From British Constitution
       -Parliamentary Form of Government.
       -Rule of Law
       -Legislation
       -Single Citizenship
       -Cabinet Form of Government
       -Prerogative Writs
       -Bicameralism Parliamentary privileges
       -Legislative Procedure

*-    From the Constitution of United States:
       -Fundamental Rights
       -Independent Judiciary
       -Judicial Review        -Impeachment of President
       -Removal of Supreme Court Judges
       -Vice Presidential Ship

*-     From Constitution of Ireland
         -Directive Principles of State Policy
         -Nomination of Members to Rajya Sabha
         -Electoral Office And Method of President Election

*-     From Canada Constitution
         -Canada is a pure federal country.
         -Federation with strong center Residuary power with center
         -Appointment of state governors by center
         -Advisory/review of supreme court

*-     From Constitution of Australia
        -Concurrent List
        -Freedom of Trade
        -Commerce And Inter State Trade
        -Joint Sitting In The Parliament

*-     From Constitution of USSR
        -Fundamental Duties
        -Preamble

*-     From Constitution of South Africa
         -Procedure for Amendment of the Constitution.
         -Election to the Rajya Sabha Members

*-    From Constitution of Japan
        -Procedures Established By Law

*-    From Weimer constitution of Germany
       -Suspension of fundamental rights during emergency

(Source: www.gktoday.insources-of-the-indian-constitution)

                                                                              -*-

rkrishnay

The following table illustrates the FEW major sources of Indian Constitution −

Provisions        Sources
President (Nominal Head)        The United Kingdom
Cabinet System of Ministers
Parliamentary type of Government
Post of Prime Minister
Bicameral Parliament
Council of Ministers
Provision of Speaker in Lok Sabha
Legislation
Citizenship
Writs
Rule of Law
Preamble        The United States
Fundamental Rights
Independent Judiciary
Judicial Review
Impeachment of President
Removal of Judges (of Supreme Court & High Courts)
Functions of Vice-President
Federal System (with strong Center)        Canada
Residuary powers in the Center
Appointment of Governors (in states) by the Center
Advisory Jurisdiction of Supreme Court
Principle of co-operative federalism        Australia
Freedom of Inter-State trade
Trade and Commerce
Concurrent List
Joint siting of the two Houses of Parliament
Directive Principles of State Policy        Ireland
Presidential Election
Nominating the members of Rajya Sabha
Republic        France
Liberty, Equality, and Fraternity in the Preamble
Fundamental Duties        Russia
Idea of Social, Economic, and Political Justice in Preamble
Procedure for amendment        South Africa
Election of Rajya Sabha members
Emergency powers to be enjoyed by the Union        Germany
Suspension of Fundamental Rights during emergency
Procedure Established by Law        Japan
The federal scheme        Govt. of India Act 1935
Role of federal judiciary
Office of the Governor
Emergency provisions
Public Service Commissions
Administrative details

soothsayer

i think this is incomplete on sources. this only refers to other constitutions. a country draws up constitution also based on existing practices, potential legal requirements. any source which could list these?

somyajeet

rkrishnay 23-4-2018 02:26 PM
The following table illustrates the FEW major sources of Indian Constitution −

Provisions        Sources

Thank you.