Features of Constitution of India borrowed from other countries
Just like the preamble of the Indian constitution that is taken from the constitution of the USA, there are many other features borrowed from different countries. In this article, we will explore some of the best features taken from other constitutions of the world.
A constitution is a set of rules through which a country or state operates.
Some countries have unwritten constitutions which means there is no formal constitution written in one particular document. Their constitutional rules are originated from a number of sources. Britain sources its constitution from a number of important statutes, or laws, as well as principles decided in legal cases and conventions. New Zealand and Israel are two other countries that do not have formal written constitutions.
Other nations have formal written constitutions in which the structure of government is defined and the respective powers of the nation and the states are written in one single document. These systems may also include unwritten conventions and constitutional law which can inform how the constitution is interpreted. Australia, India and the United States are examples of countries with a written constitution.
Indian Constitution is represented differently by different authors. Some have explained that Indian constitution is made up from the principles of other countries like UK. Others labelled it mixed constitution. It is well established that there is immense influence of Foreign Constitutions in making of Indian constitution.
Borrowed Features of the Constitution
| Britain | Parliamentary government Rule of Law Legislative procedure Single citizenship Cabinet system Prerogative writs Parliamentary privileges Bicameralism |
| Ireland | Directive Principles of State Policy Method of Election of the president Members nomination to the Rajya Sabha by the President |
| Unites States of America | Impeachment of the president Functions of president and vice-president Removal of Supreme Court and High court judges Fundamental Rights Judicial review Independence of judiciary The preamble of the constitution |
| Canada | Centrifugal form of federalism where the centre is stronger than the states. Residuary powers vest with the centre Centre appoints the Governors at the states Advisory jurisdiction of the supreme court |
| Australia | Concept of Concurrent list Article 108 i.e. Joint sitting of the two houses Freedom of trade and commerce |
| USSR (Now Russia) | Fundamental duties The ideals of justice (social, economic and political), expressed in the Preamble. |
| France | Concept of “Republic” Ideals of Liberty, Equality and Fraternity(contained in the Preamble) |
| Germany | Fundamental Rights are suspended during Emergency |
| South Africa | Election of members of the Rajya Sabha Amendment of the Constitution |
| Japan | Concept of “procedure established by Law” |
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