write a note on british constitution and the constitution of south africa as sources of the Constitution of india
Answers
Answer:
he Constitution of 1950 was a by-product of the legacy started by the Government of India Act 1935. This was the longest act passed by the British government with 321 sections and 10 schedules. This act had drawn its content from four sources – Report of the Simon Commission, discussions and deliberations at the Third Round Table Conference, the White Paper of 1933 and the reports of the Joint select committees.
This act abolished the system of provincial dyarchy and suggested the establishment of dyarchy at the centre and a ‘Federation of India’ consisting of the provinces of British India and most of the princely states.
Most importantly, the act established the office of the Governor; all the executive powers and authority of the centre was vested in the Governor.
Some features of the Government of India Act 1935 were:
Federal Legislature: The act suggested that the legislature will have two houses, i.e., the Council of States and a Federal Assembly. The Council of States was the upper house which was a permanent body with a tenure of three years and composed of 260 members of which 156 were representatives of British India and 101 of the Princely Indian states. The Federal Assembly was the lower house with a tenure expanding up to five years and its composition included 250 representatives of British India and 125 members from Princely states.
Provincial Autonomy: This act enabled the Provincial Governments to be responsible only to Provincial Legislatures and helped them break free from external control and intrusion. It was with the establishment of this act that the powers between the centre and provinces were divided in terms of three lists – Federal list (59 items for the Centre), Provincial list (54 items for Provinces) and Concurrent list (36 items for both). The Residuary powers were handed over to the Viceroy.
The United Kingdom
A lot of concepts and features of the Indian Constitution have its roots in Great Britain. Some of those are:
Parliamentary form of government: In such form of government, the country is governed by a cabinet of ministers led by the Prime Minister. The Prime Minister is the head of the government whereas the President i.e. the nominal head, is the head of the state. The main feature of the parliamentary form of government is the availability of one or more opposition parties that exists to keep a check on the ruling party and its functioning.
Rule of Law: This basically states that a State is not governed either by the representatives or by the people but only by the law of that country. The concept of rule of law states that everyone is equal before the law; even the ones making it. Article 14 of the Indian Constitution codifies the rule of law.
Article 14: Right to Equality; The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
The idea of a single citizenship: This implies that a person born or migrated to Indian Territory can enjoy the political and civil rights of India alone and no other country at the same time. Therefore, India does not allow dual citizenship. Indian state also does not recognize state citizenship implying that there should not be any demarcation made between the citizens of two or more states within the territory of India.
Writs: The Supreme Court and High Courts in India has the power to issue writs in order to make the Right to Constitutional Remedies [Article 32 to 35] available to the citizens. There are five writs – Habeas Corpus (produce the detained person before the court and release him if detention is found illegal),Mandamus (an order from the Supreme Court or the High Court to a lower court to perform public duty), Certiorari (SC or HC issues the writ for quashing the order already passed by an inferior court), Prohibition (issued by the SC or the HC to a lower court to stop the latter from continuing with the procedures) and Quo-Warranto (restrains a person from holding a public office he is not entitled to hold). The Indian Constitution provides for these writs in Articles 32 and 226.
Explanation:
South Africa is a democracy founded on the Constitution. Which means the Constitution is the land's overarching rule.
Explanation:
- As south Africa,Parliament can not pass the same legislation as India which goes against the Constitution. No one will go against it, not even the President.
- British Constitution: Administration of State, Rule of Law, Parliamentary Process, Common Citizenship, Cabinet Structure, Prerogative Writs.
- South African Constitution: Revision process, constitution and appointment of Rajya Sabha members.
- Fundamental Freedoms, Judicial Freedom, Judicial Appeal, Chairman's Dismissal, Supreme Court Suspension and High Court Justices, and Vice-Chairman's Post. All these posititons are borrowed from different countries
learn more about constitution:
What is Constitution ? Important of Constitution ? Making Constitution
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