The Constitution of India stands as one of the most comprehensive, detailed, and longest written constitutions in the world. Enacted on November 26, 1949, and coming into effect on January 26, 1950, it serves as the supreme law of the land, laying down the framework defining fundamental political principles, establishing the structure, procedures, powers, and duties of government institutions, and setting out Fundamental Rights, Directive Principles of State Policy, and the duties of citizens. Its uniqueness lies not only in its vastness but also in its eclectic nature, drawing extensively from various internal and external sources to create a document meticulously tailored to the diverse needs and aspirations of a newly independent nation.

The framers of the Indian Constitution, members of the Constituent Assembly, approached their monumental task with a deep understanding of India’s historical context, the challenges of nation-building, and the lessons learned from constitutional experiments around the world. Far from being a mere “bag of borrowings,” as it is sometimes pejoratively called, the Indian Constitution is a testament to the assembly’s judicious selection, critical assimilation, and innovative adaptation of principles and provisions from a multitude of sources. They did not merely copy; rather, they deliberated, debated, and refined these concepts to suit the unique socio-economic, political, and cultural realities of India, ensuring stability, justice, liberty, and equality for all its citizens.

Internal Sources of the Indian Constitution

The internal sources played a pivotal role in shaping the foundational philosophy and practical framework of the Indian Constitution. These sources were deeply rooted in India’s own experience, its struggle for independence, and the administrative machinery already in place.

Government of India Act, 1935

The most significant and influential internal source for the Indian Constitution was undoubtedly the Government of India Act, 1935. This British parliamentary act, passed a decade and a half before India gained independence, established a detailed framework for the governance of British India and was, in essence, a blueprint for much of the administrative structure adopted by independent India. Approximately 250 provisions of the 1935 Act were either directly incorporated or adopted with minor modifications into the Constitution of India.

Key provisions borrowed from the Government of India Act, 1935, include:

  • Federal Scheme: The Act envisioned a federation with a division of powers between the centre and the provinces, which heavily influenced the federal structure of the Indian Constitution, albeit with a strong central bias.
  • Office of Governor: The role, powers, and appointment of the Governor in the states were largely adopted from the Act.
  • Judiciary: The basic structure and functioning of the federal court (which later became the Supreme Court) and the provincial high courts were derived from the 1935 Act.
  • Public Service Commissions: The establishment of central and provincial public service commissions for recruitment to civil services was retained.
  • Emergency Provisions: The framework for declaring and managing states of emergency, including the powers vested in the executive during such times, was significantly influenced by the Act.
  • Administrative Details: A substantial portion of the administrative machinery, including the structure of bureaucracy, financial administration, and audit systems, found its roots in the 1935 Act due to the framers’ familiarity with its functioning.

The Constituent Assembly’s decision to draw heavily from this Act was pragmatic. It provided a ready-made, comprehensive, and tested administrative structure that Indian administrators and politicians were already familiar with, thus ensuring continuity and stability in governance during the crucial transition period after independence.

Constituent Assembly Debates and Resolutions

The deliberations within the Constituent Assembly itself served as a crucial internal source. The debates, discussions, and decisions made by various committees of the Assembly reflected the collective wisdom, aspirations, and compromises of the nation’s most eminent minds. These debates illuminated the rationale behind various provisions, the philosophical underpinnings of the Constitution, and the vision of the future Indian state. The Objective Resolution, moved by Jawaharlal Nehru in December 1946, outlined the guiding principles and philosophy of the Constitution, forming the basis for the Preamble and shaping the overall democratic and socialist character of the new republic. The reports of various committees, such as the Union Powers Committee, Union Constitution Committee, Provincial Constitution Committee, Drafting Committee, and the Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas, were instrumental in shaping specific parts of the Constitution.

Resolutions of the Indian National Congress

Key resolutions passed by the Indian National Congress during the freedom struggle significantly influenced the vision of independent India’s governance. For instance, the Karachi Resolution of 1931, which outlined the fundamental rights and economic programme, served as a foundational document for the inclusion of Fundamental Rights and the emphasis on Social Justice and economic justice in the Directive Principles of State Policy. Similarly, the Lahore Resolution (1929) declaring “Poorna Swaraj” (complete independence) reinforced the idea of a fully sovereign and independent republic. These resolutions articulated the nationalist consensus on issues like civil liberties, social equality, and economic upliftment, guiding the Constituent Assembly in drafting a constitution that embodied these ideals.

Experiences of the Nationalist Movement

The long and arduous struggle for independence deeply impacted the provisions of the Constitution. The framers, having experienced colonial repression, understood the vital importance of fundamental rights, civil liberties, and an independent judiciary. The emphasis on secularism arose from India’s diverse religious landscape and the need to foster unity amidst this diversity, especially in the wake of the Partition. The commitment to democracy, universal adult franchise, social justice, and the upliftment of marginalized sections was a direct outcome of the nationalist movement’s inclusive ideals and its fight against discrimination and exploitation. The desire to create a strong, unified nation capable of addressing poverty, illiteracy, and social inequality directly influenced the inclusion of Directive Principles aimed at social welfare and economic development.

Indian Societal Needs and Aspirations

The unique socio-economic conditions and aspirations of the Indian populace also acted as a powerful internal source. The framers recognized the need for social reform, leading to provisions like the abolition of untouchability (Article 17) and the prohibition of forced labor. The aspiration for economic development and social welfare, particularly for the deprived sections, led to the incorporation of the Directive Principles of State Policy, which are non-justiciable but fundamental to the governance of the country. The diversity of languages, cultures, and regions necessitated a flexible federal structure and provisions for linguistic states, protection of minority rights, and special provisions for scheduled castes, tribes, and backward classes.

External Sources of the Indian Constitution

Beyond India’s own historical and political context, the Constituent Assembly extensively surveyed the constitutions of numerous countries, adopting and adapting features that were deemed suitable for India. This pragmatic approach allowed them to benefit from the successes and failures of other constitutional democracies, avoiding unnecessary experimentation and ensuring a robust framework.

United Kingdom (British Constitution)

Given India’s long colonial association with Britain, it was natural for the framers to draw heavily from the British constitutional experience, particularly the Westminster model of parliamentary democracy. Key features borrowed from the UK include:

  • Parliamentary Form of Government: The adoption of a parliamentary system where the executive (Cabinet) is responsible to the legislature (Parliament) is a direct influence.
  • Rule of Law: The principle that everyone is equal before the law and no one is above the law.
  • Legislative Procedure: The procedures for law-making in Parliament, including the introduction of bills, debates, and passage.
  • Single Citizenship: A unitary citizenship for the entire country, meaning all citizens enjoy the same rights irrespective of their state of domicile.
  • Cabinet System: The structure and functioning of the Cabinet, with collective responsibility.
  • Prerogative Writs: The power of the High Courts and Supreme Court to issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
  • Bicameralism: The presence of two houses of Parliament (Lok Sabha and Rajya Sabha).
  • Office of Comptroller and Auditor General: The establishment of an independent auditing authority.

United States of America (US Constitution)

The US Constitution, with its emphasis on individual liberties and an independent judiciary, provided significant inspiration, particularly for the Fundamental Rights and the structure of the judiciary. Features borrowed from the US include:

  • Fundamental Rights: A comprehensive list of enforceable rights guaranteed to citizens.
  • Judicial Review: The power of the Supreme Court to declare laws unconstitutional if they violate the Constitution.
  • Independence of Judiciary: The separation of the judiciary from the executive and legislative branches, ensuring its impartiality.
  • Impeachment of the President: The procedure for removing the President from office.
  • Removal of Supreme Court and High Court Judges: The process for removing judges, ensuring their security of tenure.
  • Preamble: The concept and wording of the Preamble, although the specific ideals differ.
  • Post of Vice-President: The office of the Vice-President and their role.

Ireland (Irish Constitution)

The Irish Constitution, particularly its innovative approach to socio-economic rights, was a crucial source.

  • Directive Principles of State Policy (DPSP): These non-justiciable guidelines for the state to promote social and economic welfare were directly inspired by the Directive Principles of Social Policy in the Irish Constitution.
  • Method of Election of the President: The system of proportional representation by means of a single transferable vote for presidential elections.
  • Nomination of Members to Rajya Sabha: The President’s power to nominate certain members to the Rajya Sabha from fields of art, literature, science, and social service.

Canada (Canadian Constitution)

Canada’s federal system, characterized by a strong central government, resonated with India’s need for national unity and stability.

  • Federation with a Strong Centre: India adopted a federal structure but with a bias towards a strong central government, similar to Canada.
  • Vestige of Residuary Powers in the Centre: Powers not explicitly listed in the Union, State, or Concurrent lists are vested with the central government.
  • Appointment of State Governors by the Centre: The practice of the central government appointing governors in the states.
  • Advisory Jurisdiction of the Supreme Court: The power of the Supreme Court to provide advisory opinions to the President.

Australia (Australian Constitution)

The Australian Constitution contributed primarily in the area of legislative distribution and economic provisions.

  • Concurrent List: The concept of a list of subjects on which both the Union and State governments can legislate, with Union law prevailing in case of conflict.
  • Freedom of Trade, Commerce, and Intercourse: Provisions promoting free movement of trade and commerce throughout the territory of India.
  • Joint Sitting of the Two Houses of Parliament: The provision for a joint session of the Lok Sabha and Rajya Sabha to resolve deadlocks on ordinary legislation.

Weimar Constitution of Germany

From the Weimar Constitution (German Constitution of 1919-1933), India adopted a crucial provision related to Emergency Provisions.

  • Suspension of Fundamental Rights during Emergency: The power of the President to suspend fundamental rights (except Articles 20 and 21) during a national emergency.

Soviet Union (USSR Constitution - now Russia)

The socialist ideals embedded in the Soviet Constitution influenced aspects related to justice and duties.

  • Fundamental Duties: The inclusion of fundamental duties for citizens, emphasizing their responsibilities towards the nation.
  • Ideals of Justice (Social, Economic, and Political) in the Preamble: The emphasis on justice in its various forms, reflecting a commitment to a welfare state.

France (French Constitution)

The French Republic’s foundational ideals found a place in India’s Preamble.

  • Ideals of Liberty](/posts/analyse-relationship-between-liberty/), Equality, and Fraternity in the Preamble: These core values of the French Revolution were incorporated into the Preamble of the Indian Constitution, signifying India’s commitment to these principles.
  • Republic Concept: The idea of India as a sovereign, democratic republic, with an elected head of state.

South Africa (South African Constitution)

The South African Constitution contributed important procedural aspects.

  • Procedure for Amendment of the Constitution: The detailed and somewhat rigid procedure for amending the Constitution, requiring special majorities.
  • Election of Members of Rajya Sabha: The election of members of the Upper House by elected members of the State Legislative Assemblies.

Japan (Japanese Constitution)

From the Japanese Constitution, the framers adopted a key legal principle.

  • Procedure Established by Law: The principle that a person’s life or personal liberty can be deprived only according to the procedure laid down by law. This differs from “due process of law” as in the US, emphasizing legislative supremacy in prescribing procedures.

The Constitution of India, therefore, is a remarkable synthesis of indigenous political thought and administrative experience, combined with the distilled wisdom of constitutional practices from around the world. The Constituent Assembly, under the leadership of Dr. B.R. Ambedkar as the chairman of the Drafting Committee, meticulously examined various models, weighing their strengths and weaknesses in the context of India’s unique circumstances. This extensive borrowing was not an act of blind imitation but a conscious and pragmatic choice to learn from global constitutional evolution. The framers adapted these borrowed elements, often modifying them significantly, to create a document that was not only robust and comprehensive but also truly Indian in its spirit and application.

The foresight of the Constituent Assembly members in drawing from such a diverse array of sources ensured that the Indian Constitution became a living document, capable of adapting to the evolving needs of the nation while remaining true to its core principles of democracy, justice, liberty, equality, and fraternity. This blend of rigidity and flexibility has allowed the Constitution to endure for over seven decades, successfully guiding a nation of immense diversity through numerous challenges and transformations. It stands as a testament to the comprehensive and deliberative approach taken by its architects, making it a unique and enduring framework for governance in one of the world’s largest democracies.