Polity - Sources of Constitution

Introduction

·        The Indian Constitution has been formed after ransacking all the major constitutions of the world; however, at the same time, the framers have also considered the following factors −

o   Historical perspective of India;

o   Geographical diversity of India; and

o   Cultural and traditional characteristics of India.

Major Sources

The following table illustrates the 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