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In a constitutional democracy such as India, the Constitution serves as the highest legal authority. Because many significant elements of the Indian Constitution were drawn from other sources, some critics believe it to be a borrowed document. such as:
As a result, critics referred to it as a “bag of borrowings” or “hotch-potch Constitution.” But such allegations are only a myth:
The Indian Constitution’s creativity can be seen in the way it arranges and changes several fundamental ideas in accordance with Indian ambitions. As Dr B.R. Ambedkar said, “All constitutions, in their main provisions, must look similar. Variations have been made to remove the faults and accommodate the needs of the country.
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Introduction:-
The Indian Constitution was adopted on Jan 26,1950.it is the supreme law of India it lays the foundation for the country’s political Social and economic framework. The Indian Constitution was Crafted by a team led by Dr. B.R. Ambedkar. The Constitution, reflects the aspirations of a diverse and democratic nation. It enshrines fundamental rights, Such as equality, liberty and justice ensuring the protection of individual freedoms.
Body:-
The Constitution draws inspiration from Various Sources, it is not seen as a mere Collection of borrowed provisions. The frames of the Constitution, led by Dr. B.R. Ambedkar meticulously examined Constitutional models from different nations and adapted them to address independent India’s specific needs and aspirations. The Constitution incorporates provisions from Countries like the UK, the US, Canada and Australia.
However, it is imp to note that these provisions were not blindly replicated but were modified and contextualized to suit the Indian Socio-political landscape. The Constitution also embraces indigenous elements, reflecting the intention to preserve India’s Cultural heritage.
Borrowed features of the Indian Constitution with sources.
Australia:-
1.Concurrent list
2.Freedom of trade, Commerce and intercourse
3.Joint-sitting of the two Houses of Parliament
Canada:-
1.Federation with a strong Centre
2.Vesting of residuary powers in
the centre
3.Appointment of State governors by the centre
4.Advisory jurisdiction of the SC
Ireland:-
1.DPSP
2.Nomination of members of RS
3.Method of election of the president.
Japan:-
1. Procedure established by law
Soviet Union:-
1.FD (Russia)
2.Ideals of Justice (Social, economic, political) in the Preamble
Uk:-
1.Parliamentary govt
2.Rule of law
3.Legislative Procedure
4. Single citizenship
5.Cabinet System
6.Prerogative writs
7.Parliamentary privileges 8.Bicameralism.
US:-
1.FR
2.Independence of Judiciary – 3.Judicial review
4.Impeachment of President
5.Removal of SC & He Judges. 6.post of vice president.
Germany:-
1.Suspension of FR during emergency
South Africa:-
1.Procedure for amendment in the Indian Constitution
2.Election of members of Rs.
France:-
1.Republic
2.Ideals of liberty, equality. fraternity in the preamble.
Conclusion:-
The Constitution in corporate provisions from Countries like the UK, the US Canada and Australia. However, it is important to note that these provisions were not blindly replicated but were modified and contextual to suit the Indian socio-political landscape. The Constitution also embraces indigenous elements, reflecting the intention to preserve India’s cultural heritage. Hence, the Indian Constitution has a thoughtful Synthesis of borrowed features and indigenous principles tailored to India’s unique content.
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