The Blueprint: Domestic Source

Government of India Act, 1935

Major Structural Source

This Act forms the backbone of the Indian Constitution. More than half of the provisions are identical to or derived from this Act.

Key Borrowings:

  • Federal Scheme: The division of power between Centre and States.
  • Office of the Governor: The post and role of the Governor .
  • Judiciary: Power of the federal judiciary .
  • Emergency Provisions: Declaration of emergency powers .
  • Public Service Commissions: Administration at the centre and state level .
  • Ordinance: Ordinance defining the power of the President and Governors .

Foreign Sources

1. United Kingdom (British Constitution)

Since India was under British rule, the political structure is heavily influenced by the British system.

Key Features:

  • Parliamentary Government: The cabinet system and legislative responsibility .
  • Rule of Law: As per Article 14, implying all are accountable to the same laws.
  • Single Citizenship: Unlike the dual citizenship in the USA .
  • Bicameralism: Two houses of Parliament .
  • Prerogative Writs: Under Articles 32 and 226 .
  • Office of CAG: Comptroller and Auditor General.
  • Nominal Head: The President (similar to the Queen/King) .
  • Real Executive: Post of Prime Minister .
  • Legislative Procedure: The process of law-making .

2. United States of America (USA)

The US Constitution influenced the independence of the judiciary and rights of citizens.

Key Features:

  • Fundamental Rights: Articles 12 to 35 (Part III).
  • Judicial Review: The power of courts to declare laws unconstitutional .
  • Impeachment of President: Procedure under Article 61 .
  • Removal of Judges: Removal of Supreme Court and High Court judges .
  • Preamble: The concept of "We the People" .
  • Post of Vice-President: Functions of the VP .
  • Equal Protection of Laws: Part of Article 14 .

3. Ireland (Irish Constitution)

Source: Constitution of Ireland

Key Features:

4. Canada

Influenced the federal structure with a bias towards the Centre.

Key Features:

  • Quasi-Federal Form: Federal system with a strong central government .
  • Residual Powers: Vesting of residuary powers in the Centre .
  • Appointment of Governors: Appointment of State Governors by the Centre .
  • Advisory Jurisdiction: Advisory jurisdiction of the Supreme Court (Article 143).

5. Australia

Key Features:

  • Concurrent List: Matters where both Centre and State can legislate .
  • Joint Sitting: Provision of Joint Session of the two Houses of Parliament (Article 108) .
  • Trade and Commerce: Freedom of trade between states .

6. Soviet Union (USSR / Now Russia)

Key Features:

  • Fundamental Duties: Article 51A (Added by 42nd Amendment) .
  • Ideals of Justice: Social, economic, and political justice in the Preamble .
  • Planning: Mandated planning commission (now NITI Aayog) .

7. Other Important Sources

France:

  • Republic: The ideal of the Republic in the Preamble .
  • Tri-color Ideals: Ideals of Liberty, Equality, and Fraternity .

Weimar Republic (Germany):

  • Suspension of Fundamental Rights during Emergency .

South Africa:

  • Procedure for Amendment of the Constitution .
  • Election of members of Rajya Sabha .

Japan:

  • Procedure established by Law .