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Monday, June 23, 2014

Sources of Indian Constitution.

Indian constituion is the largest constitution in the world. By the time of its creation, the tradition of written constitutions was a centarian already, and the norms and procedure had been standardised. The forefathers of modern India studied different constitutions throughout the world and selected the best features from across these various constitutions to suit the locals needs, to best degree.

Following is an excerpt of the various inspirations for out constitution.

-Government of India Act 1935,
The office of Governors, Public services comission, Judiciary, Federal scheme, administrative details and emergency provisions.
Here we observe a clear stamp of british will of governing india. Most of these are related to the framework under which the people will be ruled and law and order maintained; the exoskeleton for the executive. Federal scheme ->administrative details ->emergency provisions-> (judiciary, governor, public services commission)

-British Constitution,
Rule of law, Parliamentary government, single citizenship, legislative procedure, cabinet system, prerogative writs, parliamentary privileges and bicameralism.
Parliamentary form of governemt was both comfortable and inclusive for a nation like India. A large number of above ideals are relating to this only viz. parliamentary government, cabinet system, bicameralism, marliamentary privileges. The other set of ideals relate to conflict in civil life viz. Rule of law,legislative procedure, single citizenship and prejorative writs.

-USA's Constitution-
Independent Judiciary, Judicial review, Removal of judges of supreme/high courts, Removal of Vice president, Impeachment of President, Fundamental rights,
The major inspirations here are in the areas of Judiciary; its independence and powers. Also we see the process to remove the centers of power on proven incapacity.

-Irish Constitution-
Directive principles of state polity, nomination of members to Rajya sabha, and method of election of president.
Ireland had been a good inspiration of freedom struggle and the ideals represented from there are inclusiveness and responsible governance.

-Canadian Constitution,
Federal government with strong center, residuary power with center, appointment of state goernors from center, advisory jurisdiction of supreme court.
Canada like India has a lot of diversity due to french-british history. Thus they evolved a system focussed on keeping the nation united and handle the diversity with a balanced hand.

-Australian Constitution,
Concurrent list, freedom of trade, commercy and intercourse, and joint sitting of the two houses of parliament.
Australia has a true federal sturucture and have an evolved power sharing sturucture. The ideals are useful in striking a balance between states and center and conflict resolution.

-Weimar constitution of Germany.
Suspension of rights during emergency.
Weimar republic came to existance after the second world war; during quite troubled times for Germany. It is to tackle these tough times and still hold the nation together that these ideals were integrated. In India too, due to the vastness of geography and multitudes of ethnicities and subcultures that these ideals exist, to hold the nation together at times of distress.

-Soviet Constitution,
Ideal of justice ( economic, political and social).
Soviet Union was born of the russian revolution, based on the ideals of an utopian socialist society, which would offer justice to the masses. Given the long period of supression of genuine greivances of Indian people it was imperetive to the founding fathers to strive to similar objectives.

-French Constitution,
Republic, ideals of liberty, equality and fraternity.
French constitution was inspired by the french revolution, which strived to rid the nation of class differences and create a society without distinctions. Similar seggregation exists in India too.

-South African Constitution,
Procedure of amendment of constitution and election of members of Rajya Sabha.
Inclusiveness and stability?

-Japanese Constitution,
Fundamental duties.
Along with Fundamental rights it was found that people should also have duties to help preserve the notion of a nation.


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