Sources of the Indian Constitution
" While we want this Constitution to be as solid and permanent as we can make it, there is no permanence in Constitution. There should be a certain flexibility. If you make any thing rigid and permanent, you stop the nation's growth, the growth of a living, vital, organic people in any event, we could not make this Constitution as rigid that it cannot be adapted to changing conditions. When the world is in turmoil and we are passing through a very swift period of transition, what we may do today may be wholly incapable tomorrow." __ Pandit Jawaharlal NehruOur Constitution is a very pious document. It is the Fundamental Law of the Land. Therefore, it occupies a supreme and unique position in the country's political arrangements. All the laws of the land are to be consistent with the provisions of the Constitution. If any law conflicts with the Constitution, it can be declared as null and void. Our Constitution is written and rigid, and a beautiful amalgam of the good features of the different Constitutions of the world.
The Constitution was adopted by the India Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950.The date of 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930. With its adoption, the Union of India officially became the modern and contemporary Republic of India and it replaced the Government of India Act 1935 as the country's fundamental governing document. To ensure constitutional autochthony, the framers of constitution inserted Article 395 in the constitution and by this Article the Indian Independence Act, 1947 was repealed.The Constitution declares India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavors to promote fraternity among them.The words "socialist" and "secular" were added to the definition in 1976 by constitutional amendment (mini constitution).India celebrates the adoption of the constitution on 26 January each year as Republic Day.
Sources of the Indian Constitution
Government of India Act of 1935:
More than 2/3 (two-third) of the Constitution us taken from the Government of India Act of 1935. Basic structure of the polity, provisions regulating the Union-State relations, declaration of Emergency, Federal scheme, power of Federal Judiciary, and the office of the Governor etc are mainly lifted from this Act.
From other Constitutions:
( i ) From US Constitution:
Provisions making the President the executive head of the State and the Supreme commander of the Armed Forces, the Vice-President. As the ex-officio Chairman of the Council of States, influence of Bill of Rights on the Fundamental Rights, Independence of Judiciary, Judicial review, Preamble and the removal of the Supreme Court and the High Court Judges.
( ii ) From British Constitution:
Law making procedures, rule of law, system of single citizenship, and the Parliamentary system with ministerial responsibility.
( iii ) From Canadian Constitution:
Provisions relating to the Union-State relations, distribution of powers between the Union and the States, federation with a strong Centre, and placing residuary powers with the Centre.
( iv ) From Irish Constitution:
Directive Principle, method of election of the President, nomination of members in the Rajya Sabha by the President.
( v ) From Weimar Constitution of Germany:
Provisions concerning the suspension of the Fundamental Rights during the Emergency.
( vi ) From Australian Constitution:
The Concurrent List, provisions regarding trade, commerce and intercourse, Co-operative Federalism and Parliamentary privileges.
Important Links:
- Indian History Topic : Framing of Indian Constitution for Competitive Exams
- General Awareness Topic :The Finance Commission of India
- Indian History : Planing Commission and Planning's in India
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