Sources of the Indian Constitution: Global Inspirations and Indigenous Foundations
Understanding constitutional sources is crucial for UPSC GS Paper 2 and Prelims. Questions often focus on comparative constitutional features, borrowed provisions, and indigenous adaptations. This knowledge enriches Mains answers relating to constitutional evolution, governance, and political philosophy.
Introduction
The sources of the Constitution refer to the historical documents, constitutional models, and indigenous ideas that shaped the structure, content, and philosophy of the Indian Constitution. India’s Constitution stands as the world’s lengthiest written document of its kind, uniquely blending global inspirations with India’s rich socio-cultural and political heritage. Crafted by the Constituent Assembly (1946–1950), it reflects a careful selection, adaptation, and Indianization of various foreign principles alongside homegrown ideals, thereby creating a balanced framework that ensures flexibility, stability, and democratic governance.
Historical Context
The constitutional development in India was profoundly influenced by the British colonial legacy, especially the Government of India Acts between 1909 and 1935, which introduced limited self-governance, federal features, and administrative structures. The Indian freedom movement contributed significantly to constitutional thinking, emphasizing justice, liberty, and self-rule. The 1946 Cabinet Mission Plan and the Objective Resolution moved the Constituent Assembly to frame a document combining democratic ideals with Indian realities, leading to the adoption of a sovereign, democratic republic.
Major Sources of the Indian Constitution
A. British Constitution
- Parliamentary System: The Indian Constitution adopted the Westminster model’s parliamentary democracy with collective responsibility of the Cabinet to the legislature.
- Rule of Law: Fundamental to India’s legal framework, it ensures equality before law and protection against arbitrary state action.
- Single Citizenship: Unlike federal models with dual citizenship, India embraced a single citizenship concept.
- Cabinet Responsibility: The executive is responsible to the elected legislature.
- Office of Speaker and Writs: The role and powers of the Speaker, along with the concept of prerogative writs for legal remedies, were borrowed.
B. U.S. Constitution
- Fundamental Rights: The detailed enumeration of civil liberties protecting individual freedoms.
- Independence of Judiciary and Judicial Review: The judiciary’s power to examine constitutional validity of laws.
- Preamble and Impeachment: The U.S. model influenced India’s preamble and procedures for removing the President and judges.
C. Irish Constitution
- Directive Principles of State Policy (DPSPs): Non-justiciable guidelines aimed at social and economic governance.
- Nomination to Rajya Sabha: The President’s power to nominate distinguished members was inspired by the Irish model.
D. Canadian Constitution
- Federal Structure with Strong Centre: India’s federalism reflects a strong central government akin to Canada.
- Governor Appointment by Centre: The provincial Governor’s appointment system was adopted.
- Advisory Jurisdiction: Supreme Court’s advisory jurisdiction and federal dispute resolution drew upon Canadian practices.
E. Australian Constitution
- Concurrent Legislative List: Shared law-making powers between Centre and States.
- Freedom of Trade and Commerce: Guarantees freedom of trade, commerce, and intercourse.
- Joint Sitting of Parliament: Mechanism to resolve deadlocks inspired India’s joint sitting provision.
F. Weimar Constitution of Germany
- Emergency Provisions: The power to declare emergency during crises was elaborated from this source, with safeguards.
G. Soviet (USSR) Constitution
- Fundamental Duties: Inspired the Indian Constitution’s list of citizen duties.
- Ideals of Justice: Social, economic, and political justice as constitutional goals appear influenced by USSR principles.
H. French Constitution
- Preamble Ideals: Liberty, Equality, and Fraternity form the moral core of the Indian Constitution’s preamble.
I. South African Constitution
- Amendment Procedure and Rajya Sabha Elections: Elements of constitutional amendment process and indirect elections drew influence.
J. Japanese Constitution
- Procedure for Law-making and Due Process: Article 21 on protection of life and personal liberty reflects Japanese emphasis on due process.
Indigenous and Traditional Sources
Ancient Indian political concepts such as Dharma (moral duty), Sabha and Samiti (deliberative assemblies), and Arthashastra (statecraft) provided philosophical foundations. The freedom struggle and Gandhian ideology emphasized grassroots democracy, civil liberties, and social justice, contributing to the ethical and political framework. Thus, the Constitution is a unique synthesis of Western constitutional norms with India’s indigenous ethos.
Significance of Borrowed Features
Borrowing from diverse sources allowed India to incorporate tested democratic principles suited to its pluralistic society. This blend provided a balance between liberty and order, rights and duties, and federalism and unity, ensuring both stability and adaptability in governance.
Criticism and Defence
Critics label the Constitution as overly derivative, lacking originality. However, this critique overlooks the Constituent Assembly’s genius in adapting global models to Indian social realities, ensuring a living constitution that is neither a mere copy nor a transplant but a harmonious synthesis reflective of India’s unique identity.
Frequently Asked Questions (FAQs)
Q1: What does ‘sources of the Constitution’ mean?
Sources of the Constitution refer to the historical documents, foreign constitutional models, and indigenous ideas from which the Indian Constitution drew its features and principles.
Q2: Which countries influenced the Indian Constitution the most?
The British, United States, Ireland, Canada, Australia, Germany (Weimar), USSR, France, South Africa, and Japan.
Q3: What indigenous elements influenced the Indian Constitution?
Ancient Indian political thought such as Dharma, Sabha, Samiti, Arthashastra, Gandhian philosophy, and local self-governance traditions.
Q4: Why did the framers borrow features from other constitutions?
To incorporate tested democratic principles and constitutional mechanisms suitable for India’s diverse socio-political context.
Q5: Is the Indian Constitution a copy of other constitutions?
No, it is a unique synthesis that adapted and Indianized global ideals alongside indigenous values to fit India’s realities.
