Borrowed Features & Global Roots of the Indian Constitution:
The Indian Constitution is a remarkable blend, drawing insights and best practices from various constitutions around the world. This selective borrowing and adaptation reflect the framers' extensive study and foresight in creating a robust and distinct constitutional framework suitable for India's unique context.
Constitution of the United States of America
- Fundamental Rights: Inspired by the US Bill of Rights, these are justiciable rights crucial for individual liberty, placing negative obligations on the state.
- Independence of Judiciary: Ensures impartiality and checks and balances, allowing the judiciary to function without undue influence from other branches.
- Judicial Review: Grants the Supreme Court the power to examine the constitutionality of legislative enactments and executive orders.
- Impeachment of President: A rigorous process for the removal of the President, ensuring accountability and preventing arbitrary dismissal.
- Removal of Supreme Court and the High Court Judges: A complex procedure designed to safeguard judicial independence.
- Role of Vice President: Similar to the US, the Vice President serves as the ex-officio Chairman of the Rajya Sabha.
- Preamble to the Constitution: The concept of a Preamble as an introductory statement reflecting the ideals and objectives.
Constitution of the United Kingdom
- The Parliamentary System: Adopted the Westminster model where the executive (Cabinet) is responsible to the legislature (Parliament).
- The Election Procedure: Based on the 'first-past-the-post' system for parliamentary elections.
- Office of Comptroller and Auditor General (CAG): A key institution ensuring financial accountability of the executive.
- Writ Jurisdiction of Courts: Provides citizens with effective means to enforce Fundamental Rights (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto).
- Cabinet System: The collective decision-making body comprising senior ministers, reflecting cabinet responsibility to the Parliament.
- Law Making Procedures: The legislative process involving debates, readings, and assent.
- Bicameralism: The presence of two houses of Parliament (Lok Sabha and Rajya Sabha).
- Rule of Law: Emphasizes that no one is above the law and all are equal before it, forming a cornerstone of justice.
- System of Single Citizenship: Promotes national unity and identity by ensuring every citizen has a single Indian citizenship.
Constitution of Ireland
- Directive Principles of State Policy (DPSP): Non-justiciable guidelines for the state to promote social and economic welfare, reflecting the aspirations for a welfare state.
- The method of Indian Presidential Election: Based on the system of proportional representation by means of a single transferable vote.
- Nomination of Members of Rajya Sabha: The President nominates members to the Rajya Sabha from fields of art, science, literature, and social service, ensuring representation of expert knowledge.
Constitution of Australia
- Concurrent List: Provides for concurrent jurisdiction of both the Union and State governments on certain subjects, promoting flexible federalism.
- Joint Sitting of 2 houses of the Parliament: A mechanism to resolve deadlocks between the Lok Sabha and Rajya Sabha on ordinary bills.
- Provisions regarding trade and commerce & intercourse: Facilitates smooth internal trade within the country.
Constitution of Canada
- The Federal System with a strong centre: Adopted a 'holding together' federation where the Union government holds significant powers, ensuring national unity.
- Appointment of the State Governor: The Governor is appointed by the President, reflecting the central government's role in state administration.
- Advisory jurisdiction of SC: Empowers the Supreme Court to provide advisory opinions to the President on legal matters.
- Residuary Powers: The power to legislate on subjects not enumerated in any list (Union, State, Concurrent) vests with the Union government, reinforcing a strong centre.
Other Constitutions
- South Africa:
- Amendment Procedure of the Constitution: Provides a balanced and structured process (Article 368) that is neither too rigid nor too flexible.
- Election of Members of Rajya Sabha: Members are elected by the elected members of the State Legislative Assemblies.
- France:
- Republic: The idea of an elected head of state.
- Liberty, Equality, Fraternity: Ideals enshrined in the Preamble, reflecting the values of the French Revolution.
- Japan:
- Procedure Established by Law: Focuses on the validity of a law itself, rather than the fairness of the procedure, contrasting with 'due process of law'.
- Former USSR (Russia):
- Fundamental Duties: Moral obligations for citizens to contribute to the nation's welfare.
- Justice (Social, Economic, and Political): The comprehensive concept of justice articulated in the Preamble.
- Germany (Weimar Constitution):
- Suspension of Fundamental Rights during Emergency: Provisions allowing the suspension of certain fundamental rights during a state of national emergency, to ensure national security.
From More Than One Constitution
- Australia and UK: The concept of Parliamentary Privileges, ensuring the smooth functioning and autonomy of the legislature.
- Australia and USA: The evolution and practice of Public Interest Litigation (PIL), expanding access to justice for the masses.
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