The Constitution of India is the longest written constitution in the world consisting of 448 articles under 25 sections, 12 schedules and 104 amendments. It lays down the framework of distinguished fundamental political code, procedures, powers, structure and duties of government institutions. It is a set of laws which includes fundamental rights, directive principles and duties of citizens. It was framed by The Constituent Assembly which was set up under the Cabinet Mission Plan of 1946 and Dr. B. R. Ambedkar is known to be its chief architect.
The Constitution of India was adopted by the Constituent Assembly on 26th November, 1949 and came into effect on 26th January, 1950. The Constitution bestows legal supremacy as it was created by a constituent assembly and The Parliament cannot override it.
The constitution is unique in its content but has borrowed some of its most salient features from other constitutions of the world. Here are the features that find their roots in other constitutions.
Influence from the United Kingdom
Parliamentary Government
England, which is now a constituent country within the United Kingdom, developed the Westminster system of Governance. In it, the Head of State, usually a President is a ceremonial figurehead who is a theoretical source of executive power within the system.
In India, the democratic system of government can be divided into the parliamentary and the presidential system. In the parliamentary system, the executive is a part of legislature that implements the law and shares an important role in framing it.
Concept of single citizenship
India has borrowed the concept of Single Citizenship from the United Kingdom which gives single citizenship to its populace. The Indian Constitution says, all the people irrespective of the states or territories in which they reside are the citizens of the country.
Rule of Law
The rule of law, along with Parliamentary Sovereignty and court rulings fundamentally defines the United Kingdom’s unwritten constitution.
Rule of Law in India provides that the constitution of India shall be the supreme power in the land, the legislative and the executive.
The Legislative Speaker and their role
The speaker of the House of Commons in United Kingdom chairs debates in the Commons Chamber.
In India, the speaker of the Legislative Assembly is the presiding officer of the Lok Sabha and The Chairman heads the Rajya Sabha and the legislative council.
Legislative Procedure
In the UK, Public Bill is the most common form of legislation and is introduced by Government Ministers which further brings about change in general law.
In India, the legislative process begins with the introduction of a bill, either in Lok Sabha or Rajya Sabha. A bill becomes a law when a majority of members present, approve the bill.
Influence from the United States
Bill of Rights
The US Bill of Rights comprises the first ten amendments to the United States Constitution. It includes Americans’ rights in relation to Government.
The Indian Bill of Rights extends most of the constitutional protections of Rights to individuals under the jurisdiction of The Indian Government.
Federal Structure of Government
In the US, the Federal Government is composed of three different branches namely: Legislative, Executive and Judicial.
The Indian Constitution specifies the distribution of legislative, administrative and executive powers between the Central government and the States.
Electoral College
The United States Constitution has established a body of electors named The Electoral College which is constituted every four years to elect the President and Vice President of the United States.
With the means of Electoral College, the members of Parliament of India and the Legislative
assemblies of the states and the Union Territories elect their President indirectly every five years.
Independent Judiciary and Separation of powers
The Indian Constitution has vested the power individually on the Legislative, The Executive, the Judiciary which is as mentioned in the Constitution of the United States.
Judicial Review
Judicial Review is the power of the United States Supreme Court to decide whether a law or executive branches of the Federal Government or any court of the state government is constitutional.
Judicial Review refers to the power of the judiciary to interpret The Constitution to declare any such law or order of the legislature and executive void, if it finds them in conflict with the Constitution of India.
President as The Commander-in-Chief of the armed forces
Article II Section 2 of the United States Constitution in The Commander in Chief clause, mentions "[t]he President shall be The Commander in Chief of the Army, The Navy and The Airforce, of the United States, and allied military forces, when called into actual Service of the United States."
In The Indian Constitution, Article 128, Section II, Title IV, it is mentioned that the President is the Head of Foreign Policy, the civil administration, the Commander-in-Chief of the Armed Forces, the National Police and all other Law Enforcement agencies.
Equal Protection of Law in Indian Constitution
The Equal Protection Clause, within the text of the Fourteenth Amendment to the US Constitution states “nor shall any State [...] deny to any person within its jurisdiction the equal protection of the laws".
Similarly, Article 14 of the Constitution of India says that The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Apart from the UK and US, India has also borrowed salient features from other constitutions of Ireland, Australia, France, Canada, the Soviet Union, Weimar, South Africa and Japan. Some of the features borrowed from these countries can be listed as:
Influence from Ireland
Directive principles of state policy
Influence from Australia
Freedom of trade between states
National legislative power to implement treaties, even on matters outside normal federal jurisdiction
Concurrent List
Preamble terminology
Influence from France
Ideals of liberté, égalité, fraternité
Influence from Canada
Quasi-federal government — a federal system with a strong central government
Distribution of powers between the central and state governments
Residual powers, retained by the central government
Influence from The Soviet Union
Fundamental Duties under article 51-A
Mandated planning commission to oversee economic development
Influence from The Weimar Constitution
The emergency provision under article 356
Influence from South Africa
Amending the constitution
Influence from Japan
Due process