Answer:
How to approach the question
- Introduction
- Write about the Indian Constitution briefly
- Body
- Write about the elements drawn from global constitutions in the Indian Constitution
- Write how the Constitution of India maintain its distinctiveness
- Conclusion
- Give appropriate conclusion in this regard
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Introduction
Adopted on November 26, 1949, the Constitution of India stands as a beacon of the country’s socio-political aspirations. Though it assimilated features from various global constitutions, it remains uniquely tailored to India’s diverse fabric. By weaving in specific articles, the framers ensured that the Constitution resonated deeply with the Indian ethos.
Body
Elements drawn from global constitutions in the Indian Constitution:
- Parliamentary System from the UK: India’s adoption of the British-style bicameral parliamentary system is evident in its formation of the Rajya Sabha and Lok Sabha, as outlined in Articles 79-122. It facilitates the separation of powers, checks, and balances, and a platform for diverse representation.
- Bill of Rights from the US: The American Constitution’s Bill of Rights resonates deeply with Fundamental Rights (Articles 12-35). They act as the bulwark of individual liberties against potential state excesses, particularly the right to equality (Articles 14-18) and the right to freedom (Articles 19-22).
- Directive Principles from Ireland: Borrowed from the Irish Constitution, the Directive Principles of State Policy (Articles 36-51) serve as guidelines for India’s governance. Though not legally enforceable, they reflect the nation’s socio-economic aspirations, guiding policies and legislation.
- Federal System with a Unitary Bias from Canada: Articles 245-255 encapsulate the distribution of powers between the Union and States. While fundamentally federal, this system exhibits a unitary bias during emergencies (Article 352). Inspired by Canada, it allows for an intense centre.
- Concurrent List from Australia: Drawing from the Australian Constitution, this list details subjects where both the Centre and the states can legislate, facilitating cooperative federalism and ensuring that overlapping jurisdictions do not lead to legislative deadlocks.
- Procedure for Amendment from South Africa: The Constitution’s adaptability lies in Article 368, which prescribes its amendment process. Inspired by South Africa, it requires a two-thirds majority in Parliament for majority provisions, ensuring that any change reflects a substantial consensus.
- Emergency Provisions from Germany: The Weimar Constitution of Germany significantly influenced the Indian Constitution’s emergency provisions (Articles 352-360). These provisions allow the state to suspend certain rights during crises, ensuring stability and order.
The Constitution of India maintains its distinctiveness in the following ways
- Incorporation of Socio-Economic Rights: Articles like 21A, ensuring the right to education, and 39A, emphasizing equal justice and free legal aid, underline India’s commitment to socio-economic development, making the rights discourse holistic and grounded.
- Secularism (Article 25-28): Rather than just ensuring the separation of religion from the state, Indian secularism, enshrined in Articles 25 to 28, ensures that all religions are treated with equal respect and dignity, reflecting India’s millennia-old pluralistic ethos.
- Social Justice: Articles 15, which prohibits discrimination on various grounds, and Article 17, which abolishes untouchability, are reflections of India’s commitment to correct historical wrongs. It showcases the Constitution’s resolve to build an inclusive society.
- Integrated Judiciary: The unique integrated judiciary system, spanning from Articles 124-147, ensures a seamless judicial mechanism. This unified structure handles both civil and criminal cases, ensuring that justice is dispensed without fragmentation and in a consistent manner.
- Language Provisions (Article 343-351): Reflecting India’s linguistic diversity, the Eighth Schedule, combined with Articles 343 to 351, recognizes 22 languages. It ensures that diverse linguistic groups have constitutional recognition, upholding India’s commitment to its pluralistic heritage.
- Special Status to Certain Regions: Understanding the unique socio-political dynamics of certain regions, provisions like Article 370 (before its abrogation) for J&K and Articles 244 and 244A for certain North-Eastern and tribal areas offer special arrangements.
- Panchayati Raj System (Articles 243-243O): The 73rd and 74th Amendments institutionalize the age-old Panchayati Raj system and urban municipal bodies. These provisions strengthen local self-governance, making democracy more participative and closer to the people.
Conclusion
The Indian Constitution, while drawing inspiration globally, is intrinsically tied to the nation’s socio-cultural framework. Through specific articles, the framers articulated a vision that, although resonant with global democratic principles, remains distinctly Indian in essence and spirit.
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