Which ideals acted as inspirations to our constitution makers
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Answer:
Did the Constitution of India borrow ideas and many of its stand out features from the constitutions of other countries?
Yes, after intense scrutiny, it turns out that our founding fathers liberally chose what features to embed into our Constitution and in many cases remoulded them to suit diverse local realities.
“There is nothing to be ashamed of in borrowing. It involves no plagiarism. Nobody holds any patent rights in the fundamental ideas of a Constitution,” said Dr BR Ambedkar, the Chairman of the Drafting Committee,
So, what did our founding fathers borrow from the rest of the world?
‘The Ayes Have It’- The United Kingdom
For starters, India borrowed its parliamentary system of government from the British. What follows is the primacy of the rule of law, the legislative procedure, cabinet system, parliamentary privileges, bicameralism (Lower and Upper House of Parliament).
While the United Kingdom today allows for dual citizenship, India borrowed the idea of single citizenship from them.
Beyond ideas emerging from the British Constitution, India also borrowed heavily from the Government of India Act, 1935, passed by the British Parliament—a Constitution of India of sorts formulated by the British for India.
Among other things, the bill highlighted the role of the Governor, Judiciary, Public Service Commission and other critical administrative details like the Federal system.
These are indeed facets we borrowed, but unlike the British version of what they thought best suited India like separate electorates for minorities, the framers of the Indian Constitution did away with it.
Sardar Patel signing the Constitution. (Source: Twitter)
Sardar Patel signing the Constitution. (Source: Twitter)
Fundamental Rights- United States of America
When the Constituent Assembly first convened on December 9, 1946, then Interim President of the Constituent Assembly Sachchidananda Sinha urged all delegates in attendance to study the United States Constitution, drafted in 1787.
He called it “the soundest and most practical and workable republican constitution in existence.” However, he advocated no “wholesale adoption, but for judicious adoption of its provisions.”
Dr Rajendra Prasad eventually replaced Sinha.
Dr BR Ambedkar was also heavily influenced by the US Constitution. Before he began work as the Chairman of the Drafting Committee, he submitted a proposal titled the United States of India, which espoused among other things, greater federalism which gave states a lot more power—a model of the US federal system of government. The very idea of Fundamental Rights was borrowed from America’s Bill of Rights.
Even our preamble, which begins with “We the people”—a phrase which confers ideas of equality—came from the US Constitution. Go further and compare the two preambles and the language used is distinctly similar. Concepts of the rule of law, independence of the judiciary, judicial review of acts by legislative bodies, and the process of impeachment came from the US Constitution.
Directive Principles of State Policy- Ireland
Irish scholar Cathal O’Normain once wrote in the 1963 Indian Yearbook of International Affairs, “perhaps the Irish Constitution’s greatest claim to future fame will depend on the extraordinary influence which its Directive Principles had on the Constitution of India.”
Article 45 of the Irish Constitutions, states: “the principles of social policy set forth in this Article are intended for the general guidance of the Oireachtas exclusively, and shall not be cognizable by any court under any of the provisions of this Constitution.”
India adopted its Directive Principles of State Policy from this provision, as Article 37 of the Indian Constitution states: “The provisions contained in this part shall not be enforced by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country, and it shall be the duty of the state to apply these principles in making laws.”
Also Read: When Iron Man Built The Steel Frame: Why Sardar Patel Is The ‘Patron Saint’ of the IAS
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