s 5.
Indian constitution is called a borrowed constitution.
Support the statement with six suitable examples
Answers
Answer:
Indian Constitution is the longest written constitution in the world. It has borrowed many provisions from the constitutions of various other countries. However, calling the Constitution a copy of other constitutions is unfair as it is not a result of blind copy and paste but a result of continuous hard work and study of over 2 years.
Indian constitution a borrowed document:
Import of Government of India Act, 1935: The constitution have included a large number of the provisions of the Government of India Act of 1935 into the Constitution of India. It include federal Scheme, Office of governor, Judiciary, Public Service Commissions, Emergency provisions etc.
Borrowed from Britain: Britain ruled for India over 200 years. Thus major part of polity is shaped according to Britain’s polity. E.g. Parliamentary government, Rule of Law, Legislative procedure, Single citizenship, Cabinet system are from Britain unwritten constitution.
Ireland: Many important parts are borrowed from Ireland. These are Directive Principles of State Policy, Nomination of members to Rajya Sabha and Method of election of president.
Unites States of America: United States of America is democracy like India. India borrowed many parts like Impeachment of the president, Functions of president and vice-president, Removal of Supreme Court and High court judges, Fundamental Right, Judicial review, Independence of judiciary and Preamble of the constitution form USA which has helped India to thrive as largest democracy in the world.
Canada: From Canada we inspired and modelled our polity as a union. Borrowed provisions from Canada are 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.
Australia: From Australia Concurrent List, Freedom of trade, Commerce and inter-course and Joint sitting of the two Houses of Parliament were borrowed.
Soviet Constitution (USSR, now Russia): Indian constitution borrowed Fundamental duties and ideal of justice (social, economic and political) in the Preamble From USSR.
Many other ideas were borrowed from Japan, France and South Africa. Thereby Indian constitution borrowed significant portion from all over the world but it was not a copy-paste, rather was a conscious adoption of strong provisions across the world for Indian society.
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Yes I agree with the above Statement. Indian constitution is also known as borrowed constitution because India has borrowed some of its rules or regulations from other countries constitution. for eg:
- From Amarica:-India has borrowed the idea of preamble.
- From Britain:- single citizenship,rule of law.
- From Ireland:- directive principles, method of electing president
- From south africa:- Amendment of constitution.
- From France:- Ideals of liberty, equality.
- From Russia:- Fundamental duties.