Sources and Features of the Constitution
NCERT Class 11 - Indian Constitution at Work, Chapter 1
Sources and Features of the Constitution
The framers studied constitutions around the world and adopted what suited Indian conditions. The result is a document that is borrowed in its parts but original in its combination, and the longest written constitution of any sovereign country.
Borrowed features
| Source | Features borrowed |
|---|---|
| Government of India Act 1935 | Federal scheme, office of Governor, judiciary, public service commissions, emergency provisions |
| United Kingdom | Parliamentary system, rule of law, single citizenship, cabinet system, writs, bicameralism |
| United States | Fundamental Rights, judicial review, independence of judiciary, impeachment of President, Vice-President, removal of judges |
| Ireland | Directive Principles, nomination to Rajya Sabha, method of electing the President |
| Canada | Federation with a strong centre, residuary powers with the centre, appointment of Governors |
| Australia | Concurrent List, joint sitting of the two Houses, freedom of trade and commerce |
| Weimar Germany | Suspension of Fundamental Rights during an emergency |
| Soviet Union | Fundamental Duties, ideals of justice in the Preamble |
| France | Republic, and the ideals of liberty, equality and fraternity |
| South Africa | Procedure for amending the Constitution, election of Rajya Sabha members |
| Japan | Procedure established by law |
- The Government of India Act 1935 is the largest single source, which is why so much administrative detail appears in the text.
- Borrowing does not make the Constitution unoriginal - each provision was debated and modified to suit Indian conditions.
Salient features
- Lengthiest written constitution in the world for a sovereign country; the original text had 395 articles in 22 parts and 8 schedules, and both articles and schedules have grown through amendments.
- Blend of rigidity and flexibility - some provisions change by simple majority, others need a special majority, and some also need ratification by the states.
- Federal in form, unitary in spirit - the Constitution is federal, but the centre can create or alter states, and emergency provisions can make the system unitary in effect.
- Parliamentary government at the centre and in the states, with a nominal head of state and a real executive responsible to the legislature.
- Integrated and independent judiciary - a single hierarchy with the Supreme Court at its head, unlike the double system in the United States.
- Fundamental Rights, Directive Principles and Fundamental Duties together set out rights, goals and obligations.
- Secular state, universal adult franchise, single citizenship, and independent bodies such as the Election Commission, CAG and UPSC.
- Three-tier government after the 73rd and 74th Amendments added panchayats and municipalities.
हिंदी संकेत: सबसे अधिक प्रावधान भारत शासन अधिनियम 1935 से लिए गए हैं, इसीलिए संविधान में इतना प्रशासनिक विवरण है। यह सबसे अधिक पूछा जाने वाला स्रोत है।
Exam me kaise aata hai
The borrowed features table is the single most asked item in this chapter, almost always as match-the-following. Factual questions ask the number of articles, parts and schedules in the original Constitution. Statement-based questions test the federal-unitary description.
UPSC / State PSC ke liye
Learn the borrowings by theme rather than by list - rights and review from America, parliamentary practice from Britain, directive goals from Ireland, and a strong centre from Canada. Also be ready with the standard description of India as quasi-federal, and with Ambedkar's reply that the Constitution is federal in normal times and can become unitary in an emergency.
Yahan confuse hote hain
✗ Directive Principles were borrowed from the United States | ✓ They came from Ireland; Fundamental Rights came from the United States
✗ Residuary powers with the centre came from Australia | ✓ That came from Canada; the Concurrent List came from Australia
✗ Fundamental Duties were in the original Constitution | ✓ They were added later, drawing on the Soviet model
Ek nazar me
- Government of India Act 1935 is the largest single source of provisions.
- Britain - parliamentary system, rule of law, single citizenship, writs.
- United States - Fundamental Rights, judicial review, independent judiciary.
- Ireland - Directive Principles; Canada - strong centre; Australia - Concurrent List.
- Original text had 395 articles, 22 parts and 8 schedules.
- Features - lengthiest constitution, federal with unitary bias, parliamentary, integrated judiciary.