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Q. What are the main sources and influences of the Indian constitution? How does it reflect the diversity and unity in Indian democracy? (15 M, 250 Words)

Answer:

How to approach the question

  • Introduction
    • Write about the Indian constitution briefly 
  • Body 
    • Write the main sources and influences of the Indian constitution
    • Write how the Indian constitution reflects the diversity in Indian democracy 
    • Write how the Indian constitution reflects the unity in Indian democracy 
  • Conclusion 
    • Give appropriate conclusion in this regard  

 

Introduction      

The Constitution of India was adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950. It stands as a testament to the nation’s rich cultural, social, and political heritage. It amalgamates influences from various global constitutions while being deeply rooted in India’s unique historical and cultural context.

Body

Main sources and influences of the Indian constitution

  • Government of India Act, 1935: It provided for a federal scheme, a bicameral legislature, a judiciary, a public service commission, emergency provisions, and administrative details. These features were largely adopted by the Constitution with some modifications. 
  • British Constitution: It influenced many aspects of the Indian Constitution, such as parliamentary democracy, rule of law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges, and bicameralism.
  • US Constitution: It inspired many features of the Indian Constitution, such as fundamental rights, independence of judiciary, judicial review, impeachment of the president, removal of Supreme Court and High Court judges, and post of vice-president. 
  • Irish Constitution: It influenced some features of the Indian Constitution, such as directive principles of state policy, nomination of members to Rajya Sabha (upper house), and method of election of the President. 
  • Canadian Constitution: It inspired some features of the Indian Constitution, such as 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. 
  • Australian Constitution: The Indian Constitution took features such as concurrent list, freedom of trade, commerce and intercourse within the country, and joint-sitting of the two Houses of Parliament from the Australian Constitution. 
  • French Constitution: The French Constitution is a written constitution that was adopted in 1958 after France became a semi-presidential republic. It influenced some features of the Indian Constitution, such as republicanism and ideals of liberty, equality and fraternity in the Preamble. 
  • South African Constitution: It influenced some features of the Indian Constitution, such as procedure for amendment in the Indian Constitution and election of members of Rajya Sabha.
  • Japanese Constitution: The Japanese Constitution is a written constitution that was adopted in 1947 after Japan became a constitutional monarchy. It influenced one feature of the Indian Constitution, which is procedure established by law.

Indian constitution reflects the diversity in Indian democracy in the following ways 

  • Languages: The Indian Constitution, in its Eighth Schedule, recognizes 22 languages, thereby safeguarding linguistic diversity. Eg: the inclusion of languages like Assamese, Konkani, and Sanskrit ensures their preservation and promotion in a linguistically diverse country like India.
  • Protection of Cultural & Educational Rights of Minorities: Articles 29 and 30 are instrumental in safeguarding the rights of minorities to conserve their distinct culture and administer educational institutions. Eg: the St. Xavier’s College case reinforced the autonomy of minority educational institutions, underlining their cultural significance.
  • Personal Laws: India’s acknowledgment of different personal laws under Article 25-28 for communities like Hindus, Muslims, and Christians demonstrates respect for its cultural and religious plurality. These laws cater to marriage, divorce, inheritance, etc., in line with community customs.
  • Emphasis on Composite Culture: Under Article 51A(F), it is the fundamental duty of every citizen to value and preserve the rich heritage of our composite culture. This underlines the significance the Constitution places on celebrating India’s diverse cultural heritage.
  • Protection of Indigenous Rights: The Fifth and Sixth Schedules of the Constitution provide for the administration and control of Scheduled Areas and Scheduled Tribes, ensuring their traditional rights and cultural identity are preserved.
  • Representation in Parliament: The reservation of seats for Scheduled Tribes and Scheduled Castes in the Lok Sabha (Article 330) and state assemblies (Article 332) reflects the nation’s commitment to ensuring diverse representation.

Indian constitution reflects the unity in Indian democracy in the following ways 

  • Article 1: By defining India as a “Union of States,” it subtly underlines the foundational unity amidst the vast diversity. The reorganisation of states based on linguistic lines, while recognizing diversity, also ensured that the unity of the nation was paramount.
  • Preamble: Serving as the philosophical bedrock of our Constitution, it highlights India’s intrinsic unity by emphasising it as a sovereign, socialist, secular, and democratic republic. Eg: the inclusion of the term “secular” underscores India’s commitment to treating all religions equally (Article 25-28). 
  • Directive Principles (Part IV): These guidelines, directed by Articles 36-51, though non-justiciable, direct the state to ensure socio-economic welfare, fostering a unified approach to development. Landmark judgments like the Kesavananda Bharati case reinforced the importance of achieving social justice as a unified goal.
  • Single Citizenship (Articles 5-11): India’s provision for a single unified citizenship to ensure that all Indians, irrespective of their domicile state, enjoy the same set of rights. This was evident during the Aadhaar enrollment, where every citizen, regardless of state or region, was enrolled under a unified system.
  • Uniform Civil Code (Article 44): It proposes a vision for a common personal law system for all, irrespective of religion or ethnicity. While not fully realized, the Goa Civil Code exemplifies a state where people of all religions follow a common civil code.
  • Integrated Judiciary: A cohesive structure, from the subordinate courts to the Supreme Court, governed by Articles 124-147, ensures that legal precedents set in one part of India apply uniformly. Landmark judgments like the Right to Privacy have a pan-India impact, emphasizing unity. 
  • Fundamental Duties: Enshrined in Article 51A, they list duties for every Indian, instilling a sense of unified responsibility. Eg: promoting harmony and the spirit of common brotherhood, regardless of religious or regional differences, is a duty that emphasizes unity.

Conclusion

The Indian Constitution, while drawing inspiration from various global sources, is uniquely tailored to India’s socio-cultural milieu. It not only accommodates India’s staggering diversity but also continually emphasises its foundational unity, weaving together a tapestry that is as rich as India’s millennia-old heritage.

 

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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