What are the different sources from which the Indian Constitution has sourced its features? Is the Constitution really a patchwork?

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The Constitution makers borrowed several features of the Indian Constitution from various sources. The structural part of the Constitution, to a large extent, is derived from the Government of India Act, 1935. The philosophical part is inspired from the American and Irish Constitutions. While the political part has been largely drawn from the British Constitution. 

Various sources and features borrowed of the Indian Constitution: 

  1. The Government of India Act, 1935: Federal scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency Provisions and administrative details. 
  2. British Constitution: Parliamentary Government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges and bicameralism.  
  3. US Constitution: Fundamental Rights, independence of judiciary, judicial review, impeachment of president, Removal of Supreme Court and High Court judges, Post of vice-president 
  4. Irish Constitution: Directive Principles of State Policy, Nomination of members to Rajya Sabha, Method of election of the president 
  5. Canadian Constitution: Federation with a strong Centre, Vesting of residuary powers in the Centre, Appointment of state governors by the Centre, Advisory jurisdiction of the Supreme Court 
  6. Australian Constitution: Concurrent list, Freedom of trade, commerce and intercourse, Joint-sitting of the two Houses of Parliament 
  7. Weimar Constitution of Germany: Suspension of Fundamental Rights during Emergency. 
  8. Soviet Constitution (USSR): Fundamental Duties and the ideals of Justice (social, economic and political) in the preamble. 
  9. French Constitution: Republic and the ideals of Liberty, Equality and Fraternity in the Preamble. 
  10. South African Constitution: Procedure for amendment of the Constitution and election of the members of Rajya Sabha 
  11. Japanese Constitution: Procedure established by law. 

The Indian Constitution has been criticised as being a ‘patch-work’, i.e., it is a borrowed Constitution. However, this criticism is unfair and illogical. This is because the framers of the Constitution made necessary modifications in the borrowed features for their suitability to Indian conditions, at the same time avoiding their faults. Dr. B R Ambedkar argued that all the Constitutions in the world must follow the same settled fundamentals, therefore they must look ‘similar’ 

It should be noted that improving upon the features of other Constitution makes the Indian Constitution better and unique. Dr B R Ambedkar, Chairman of the Drafting Committee of the Constitution, proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the world’.  

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