[Answered] Why Indian Constitution is called as a ‘borrowed document’? Do you think it is a copy of constitution of various countries?

Indian Constitution is the longest written constitution in the world. It has borrowed many provisions from the constitutions of various other countries. However, calling the Constitution a copy of other constitutions is unfair as it is not a result of blind copy and paste but a result of continuous hard work and study of over 2 years.

Indian constitution a borrowed document:

1. Import of Government of India Act, 1935: The constitution have included a large number of the provisions of the Government of India Act of 1935 into the Constitution of India. It include federal Scheme, Office of governor, Judiciary, Public Service Commissions, Emergency provisions etc.
2. Borrowed from Britain: Britain ruled for India over 200 years. Thus major part of polity is shaped according to Britain’s polity. E.g. Parliamentary government, Rule of Law, Legislative procedure, Single citizenship, Cabinet system are from Britain unwritten constitution.
3. Ireland: Many important parts are borrowed from Ireland. These are Directive Principles of State Policy, Nomination of members to Rajya Sabha and Method of election of president.
4. Unites States of America: United States of America is democracy like India. India borrowed many parts like Impeachment of the president, Functions of president and vice-president, Removal of Supreme Court and High court judges, Fundamental Right, Judicial review, Independence of judiciary and Preamble of the constitution form USA which has helped India to thrive as largest democracy in the world.
5. Canada: From Canada we inspired and modelled our polity as a union. Borrowed provisions from Canada are 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.
6. Australia: From Australia Concurrent List, Freedom of trade, Commerce and inter-course and Joint sitting of the two Houses of Parliament were borrowed.
7. Soviet Constitution (USSR, now Russia): Indian constitution borrowed Fundamental duties and ideal of justice (social, economic and political) in the Preamble From USSR.
8. Many other ideas were borrowed from Japan, France and South Africa. Thereby Indian constitution borrowed significant portion from all over the world but it was not a copy-paste, rather was a conscious adoption of strong provisions across the world for Indian society.

Not a copy-paste work:

1. The framers of the constitution made necessary modifications in the features borrowed from other constitutions for their suitability to the Indian conditions, at the same time avoiding their faults.
2. It was codification if many existing laws and values into one document.
3. Concepts of equality, Fraternity and Liberty, federalism, republic, democracy etc. all were to be found in ancient Indian history and scriptures.
4. It was never a blind borrowing. It was innovative borrowing.
5. When western modernity began to interact with local cultural systems, something like a hybrid culture began to emerge, possibly by creative adaptation. Thus, when we were drafting our Constitution, efforts were made to amalgamate western and traditional Indian values. It was a process of selective adaptation and not borrowing.
6. Its a result of strong brainstorming for 2years, 11 months and 18 days. They studies many many different constitutions of various nations but did not copy paste it. They improvised every and every means any article you read as per the basis of Indian circumstances.
7. Our Constitution has indeed taken references from existing constitutions of the world, but it has not borrowed the constitution as it exists. For example, US constitution envisages Bill of Rights, while our Constitution envisages rights, as well as Fundamental Duties of all citizens of India.
8. We have also taken a strong reference from British Constitution to constitute a sovereign and parliamentarian system in India. However, there is no supreme king/queen in India, and our President is the Head of State. He is also the supreme commander of armed forces. There is no such provision in British Constitution.

Thus Indian constitution is not just a copy-paste work.Instead Indian constitution is a result of dedicated learning of those makers. What we need to understand is that Indian constitution is not a carbon copy of existing constitutions of the world. During India’s independence era, we needed a quick constitution to start our united and free India. India has taken great strides in making constitution, and it was the duty of our constitutional forefathers to draft a constitution to fit a country so culturally diverse, and economically wide.