Discuss the main source of the indian constitution
Answers
The main sources of the Indian constitution are as follows:
The Constitution refers to the fundamental laws and principles which prescribe the nature, functions and the limits of a government. It reflects the aspirations of the people it belongs to.
Indian Constitution
In India, the Constituent Assembly was constituted in November 1946, under the scheme formulated by the Cabinet Mission Plan. The Constituent Assembly was to be a partly elected and partly nominated body. The members were to be indirectly elected by the members of the provincial assemblies, who themselves were elected on a limited franchise. It comprised of representatives of all sections of Indian society.
The Constitution framers adopted from several sources, features which are present in the Indian Constitution. The main sources may be identified as
i. Government of India Act, 1935:
Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency provisions, Administrative details.
ii. British Constitution:
Parliamentary government, Rule of Law, Legislative procedure, Single citizenship, Cabinet System, Prerogative Writs.
iii. US Constitution:
Fundamental Rights, Independence of Judiciary, Judicial Review, Impeachment of the President, Removal of Supreme Court and High Court judges and post of Vice-President.
iv. Irish Constitution:
Directive Principles of State Policy, nomination of members to Rajya Sabha and method of election of President, Federation with a strong centre, Vesting of residuary powers in the Centre, appointment of State Governors by the Centre and advisory jurisdiction of the Supreme Court.
v. Canadian Constitution:
Federation with a strong centre, residuary powers with the centre, appointment of state governors by the centre and advisory jurisdiction of the Supreme Court.
vi. Australian Constitution:
Concurrent List, Freedom of trade, commerce and intercourse joint sitting of the two Houses of Parliament.
vii. Weimar Constitution:
Suspension of Fundamental Rights during Emergency.
viii. Soviet Constitution:
Fundamental duties, the ideal of justice (social, economic and political) in the Preamble.
ix. French Constitution:
Republic and the ideals of liberty equality and fraternity in the Preamble.
x. South African Constitution:
Procedure for amendment, the Constitution and election of the members of Rajya Sabha.
xi. Japanese Constitution:
Procedure established by law. The drafted Constitution was finally adopted on November 26, 1949.
the main sources of Indian Constitution