Provisions in Indian constitution taken from foreign states

Provisions in Indian constitution taken from foreign states

Country/Sources	Features/Provision
Government of India Act of 1935	Federal Scheme, Office of governor, Judiciary, Public Service Commissions, Emergency provisions and Administrative details.
British Constitution	Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges and bicameralism.
US Constitution	Fundamental rights, independence of judiciary, judicial review, impeachment of the president, removal of Supreme Court and high court judges and post of vicepresident.
Irish Constitution	Directive Principles of State Policy, nomination of members to Rajya Sabha and method of election of president.
Canadian Constitution	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.
Australian Constitution	Concurrent List, freedom of trade, commerce and intercourse, and joint sitting of the two Houses of Parliament.
Weimar Constitution of Germany	Suspension of Fundamental Rights during Emergency.
(USSR, now Russia)	Economic and political) in the Preamble.
French Constitution	Republic and the ideals of liberty, equality and fraternity in the Preamble.

Point to be Remember

Indian Constitution: Quasi Federal (Federal But Unitary)

·        Rajya Sabha can make laws with respect to laws enumerated in state list in national interest by passing a resolution supported by 2/3 of the members present & voting

·        Single citizenship for all (No dual citizenship with respect to central & state government)

·        Common & Centralized Election commission for state gov. as well as parliament

·        Only parliament has the power to amend constitution (States have their role only in matters affecting federal interest → In this case, Bill need to be ratified by legislatures of not less than half of states by simple majority – States special majority only in formation of new legislative council)

·        Common Comptroller & Auditor General of India for union & state government

·        Single, unified & hierarchical judiciary with same laws throughout the nation

·        Central Rule over states in period of Emergencies

·        Constitution does not protect territorial integrity of states → Parliament unilaterally can increase or alter boundaries or name of states.

·        Common constitution throughout the nation

Features of Federal Constitution (America)

·        Dual Polity + Dual Government with clear separation of powers + No overruling by state or central government + Dual citizenship + Dual constitution

·        Powers originating from constitution with supremacy of the constitution

·        Independent & impartial judiciary with powers w.r.t constitution of state or of central government

·        Written form + Rigid → requires joint act of central & state government to amend the constitution

The Preamble

·        A philosophy on which whole constitutional structure is based which cannot be enforced in court of law

·        Not any source of any government power >> Do not place any limitations on organs of constitution (Executive, Judiciary & Legislature)

·        Limited applications & can be resorted only when there is an ambiguity in provisions of the constitution

·        Proclaims India to be Sovereign, Socialist, Secular, and Democratic Republic

Democratic → Justice + Liberty + Equality + Fraternity

Berubari Case (1960) → SC Verdict: Preamble is not part of constitution hence cannot be amended

Keshavnanda Bharti Case (1973) → SC Verdict: Overruled earlier decision & stated preamble is part of constitution & can be amended provided “Basic structure of constitution as demarcated in preamble is not destroyed”