What are Key Borrowed Features of Indian Constitution?
Constitution of India is a remarkable document that reflects country rich historical, social & political evolution. While it incorporates several elements from constitutions of other nations it also possesses distinctive features that make it unique. This blend of indigenous principles & borrowed features creates a robust governance structure suited to Indian diverse & complex society.
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The following table outlines major borrowed features & their sources:
| Source | Features Borrowed |
| Government of India Act, 1935 | Federal scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency provisions, Administrative details |
| British Constitution | Parliamentary government, Rule of law, Legislative procedure, Single citizenship, Cabinet system, Prerogative writs, Parliamentary privileges, Bicameralism |
| US Constitution | Fundamental rights, Independence of judiciary, Judicial review, Impeachment of President, Removal of Supreme Court & High Court judges, Post of Vice President |
| Irish Constitution | Directive Principles of State Policy (DPSP), Nomination of members to Rajya Sabha, Method of election of President |
| Canadian Constitution | Federation with a strong Centre, Vesting of residuary powers in Centre, Appointment of State Governors by Centre, Advisory jurisdiction of Supreme Court |
| Australian Constitution | Concurrent List, Freedom of trade, commerce & intercourse, Joint sitting of two houses of Parliament |
| Weimar Constitution of Germany | Suspension of Fundamental Rights during emergency |
| Soviet Constitution (USSR, now Russia) | Fundamental duties, Ideal of justice (social, economic & political) in Preamble |
| French Constitution | Republicanism, Ideals of liberty, equality & fraternity in Preamble |
| South African Constitution | Procedure for amendment of Constitution, Election of Rajya Sabha members |
| Japanese Constitution | Procedure established by law |
Comparative Analysis of Indian & Various Constitutions
Similarities Between Indian & US Constitutions
| Aspect | India | United States |
| Written Constitutions | India has longest written constitution in world comprising 470 articles (in 25 parts) & 12 schedules. | US Constitution is one of oldest & shortest with 7 articles & 27 amendments. |
| Federal Structure | India follows a quasi federal structure with division of powers between Centre & States, outlined in Seventh Schedule (Union, State & Concurrent Lists). | US follows strict federal system, where power is divided between federal government & states with clearly defined responsibilities. |
| Rights for Citizens | Fundamental Rights (Articles 12-35) ensure protection against state actions similar to US Bill of Rights. | Bill of Rights (first ten amendments) safeguards citizens liberties against governmental overreach. |
| Judicial Review | Supreme Court of India has power of judicial review under Article 13 ensuring laws adhere to constitutional principles. | US Supreme Court pioneered judicial review (established in Marbury v. Madison, 1803) striking down unconstitutional laws. |
| Bicameral Legislature | India has a bicameral Parliament Lok Sabha (House of People) & Rajya Sabha (Council of States). | US Congress has two chambers: House of Representatives & Senate. |
| Republic | India is a sovereign, socialist, secular & democratic republic where President is an elected head of state. | US is a federal republic where President is directly elected by people. |
| Preamble | Indian Constitution Preamble begins with We, People of India… emphasizing popular sovereignty. | US Preamble starts with We People…reflecting same democratic principle. |
Differences Between Indian & US Constitutions
| Aspect | India | United States |
| Length & Structure | Longest constitution, detailed & comprehensive to address Indian vast diversity. | Shortest constitution based on broad principles that allow flexibility through interpretation. |
| Historical Context | Came into effect on January 26, 1950 after India gained independence in 1947. It incorporated socialist & secular principles. | Adopted on September 17, 1787 & ratified in 1789 after American Revolution focusing on individual freedoms & federalism. |
| Nature of Federalism | Quasi-federal Centre has overriding powers in times of crisis & states have limited autonomy. | Strict federalism federal & state governments operate independently in their respective domains. |
| Formation of Federation | Indian federation was not formed by agreement between states but by a unitary structure transitioning into federalism. | US federation was formed by a voluntary agreement among 13 original states. |
| Citizenship | Single citizenship All Indians are citizens of Union (Articles 5-11). | Dual citizenship A US citizen holds both federal & state citizenship. A US citizen can also hold dual nationality with another country. |
| Representation in Legislature | Lok Sabha representation is based on population size giving more populous states greater influence. | Each state has equal representation in Senate regardless of population size. |
| Legislative Powers | Three lists in Seventh Schedule: Union List, State List & Concurrent List (Article 246). | Power is divided between federal & state governments, with enumerated, implied & reserved powers. |
| Secession of States | No state can secede from India. Parliament has power to alter state boundaries. | In theory, US states could secede (as seen in Civil War). States have constitutional autonomy in many matters. |
| Residuary Powers | Residuary powers vest with Parliament under Article 248. | Residuary powers remain with states, unless expressly granted to federal government. |
| Constitutional Framework | Single constitution for both Union & States. | Each state has its own constitution alongside US federal constitution. |
| Uniformity of Laws | Most laws, including criminal laws, are uniform across India except for personal laws (religious practices). | Criminal & civil laws vary across US states (e.g. different gun laws, tax systems & marriage laws). |
| Alteration of State Boundaries | Parliament can create, merge or alter state boundaries (Article 3). | US Congress does not have power to alter state boundaries without state consent. |
| Terminology | The term federal is not explicitly mentioned; India is officially called a Union of States. | The term federal is explicitly used in Constitution. |
| Form of Government | Parliamentary system Prime Minister is head of government & President is constitutional head. | Presidential system President is both head of state & government directly elected for a 4-year term. |
| Executive Authority | President acts on advice of Prime Minister & Council of Ministers. | US President exercises independent executive authority. |
| Separation of Powers | There is a partial separation of powers; executive (government) is accountable to legislature. | There is a strict separation of powers & President is not accountable to Congress. |
| Judicial Tenure | Supreme Court judges retire at 65 years, High Court judges at 62 years & District Judges at 60 years. | Federal judges serve for life tenure, unless they resign, retire, or are impeached. |
| Amendment Procedure | Three types of amendments: (1) Simple majority, (2) Special majority, (3) Special majority + state ratification. More flexible than US. | Single amendment process: Requires two-thirds majority in both Houses of Congress + ratification by three-fourths of states. More rigid than India. |
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Similarities Between Indian & UK Constitution
| Feature | India | UK |
| Parliamentary System | The executive is responsible to legislature & government remains in power as long as it has confidence of Lower House (Lok Sabha). | The executive is responsible to legislature & government stays in power as long as it has confidence of House of Commons. |
| Bicameral Legislature | Lok Sabha (Lower House) & Rajya Sabha (Upper House). | House of Commons (Lower House) & House of Lords (Upper House). |
| Nominal & Real Executive | The President is nominal executive (head of state), while Prime Minister is real executive (head of government). | The Monarch is nominal executive (head of state), while Prime Minister is real executive (head of government). |
| Cabinet System | The Council of Ministers, headed by Prime Minister, is collectively responsible to Lok Sabha. | The Cabinet, headed by Prime Minister, is collectively responsible to House of Commons. |
| Judicial Independence | Judiciary is independent, with judges enjoying security of tenure. Courts can declare government actions unconstitutional. | Judiciary is independent & judges have security of tenure. Courts can check government actions through judicial interpretation. |
| First-Past–Post (FPTP) Electoral System | Used for general elections to Lok Sabha & state legislative assemblies. | Used for general elections to House of Commons. |
| Civil Services/Bureaucracy | Based on British system—merit-based recruitment, neutrality & permanency. | Follows a professional civil service system with political neutrality. |
Differences Between Indian & UK Constitution
| Feature | India | UK |
| Nature of Constitution | Written | Unwritten Based on customs, conventions & legal statutes. |
| Sovereignty | Limited Parliamentary Sovereignty Parliament must function within constitutional limits, subject to judicial review. | Absolute Parliamentary Sovereignty Parliament can make or repeal any law & no court can overrule it. |
| Framing of Constitution | Framed by a Constituent Assembly (1946-49) & adopted on 26th January 1950. | Evolved over centuries without a formal constituent assembly. |
| Head of State | Elected President (5-year term). | Hereditary Monarch (King/Queen for life). |
| Prime Minister’s Membership | Can be from either House of Parliament (Lok Sabha or Rajya Sabha). | Must be from House of Commons. |
| Ministers’ Membership | A non-member can be appointed as a minister but must get elected within 6 months. | Only Members of Parliament (MPs) can be appointed as ministers. |
| Judicial Review | Supreme Court can strike down unconstitutional laws. | Courts cannot override Parliament’s decisions, but they can interpret laws. |
| Amendments | Partly flexible, partly rigid – Some amendments require a special majority & state approval. | Highly flexible – No formal amendment process, Parliament can change laws with a simple majority. |
| Dual Citizenship | Not allowed An Indian citizen cannot hold citizenship of another country. | Allowed British citizen can hold multiple nationalities. |
| Federal vs. Unitary System | Quasi-federal Power is divided between Centre & States. | Unitary with devolution Parliament has ultimate authority, but some powers are devolved to Scotland, Wales & Northern Ireland. |
| Directive Principles of State Policy (DPSP) & Fundamental Duties | Part IV & Part IVAÂ DPSP guide policymaking & citizens have Fundamental Duties. | No such constitutional provisions. |
| Shadow Cabinet | No official shadow cabinet. | Opposition maintains a shadow cabinet to monitor government policies. |
| Legal Responsibility of Ministers | Ministers are not legally responsible for actions of President. | Ministers are legally responsible for actions of Monarch. |
| Office of Speaker | The Speaker does not resign from their political party & can return to active politics. | The Speaker resigns from their party & remains politically neutral. |
| Role of Conventions | Conventions play a minor role due to a well-defined written constitution. | Conventions play a major role in governance. Example: Monarch must approve all legislation passed by Parliament. |
Similarities Between Indian & French Constitution
| Feature | India | France |
| Written Constitution | Has a written constitution adopted in 1950, with a detailed framework covering governance, rights & responsibilities. | Has a written constitution (currently under Fifth Republic, 1958), replacing previous versions from 1793, 1848, 1875 & 1946. |
| Parliamentary System | Operates under a parliamentary system, where Prime Minister is head of government & President is head of state. | Functions under a semi-presidential system, with both a President (head of state) & a Prime Minister (head of government). |
| Bicameral Legislature | The Parliament consists of Lok Sabha (Lower House)Â &Â Rajya Sabha (Upper House). | The Parliament consists of National Assembly (Lower House)Â &Â Senate (Upper House). |
| Federal Structure | Federal System Power is divided between Union (Central Government) & States. | Though unitary in nature, France has a decentralized structure, with regions & departments having administrative autonomy. |
| Emergency Provisions | Provides for declaration of emergency under specific conditions, allowing centralization of power. | The French Constitution also has emergency provisions, allowing President to assume special powers in crises. |
| Amendment Process | The Constitution can be amended under Article 368, requiring parliamentary approval &, in some cases, ratification by states. | The French Constitution allows amendments through Parliamentary approval or referendum, ensuring adaptability to societal needs. |
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Differences Between Indian & French Constitution
| Feature | India | France |
| Secularism | Inclusive secularism state respects all religions & actively promotes religious freedom & diversity. | Strict secularism state maintains a strict separation from religion & prohibits religious symbols in public institutions. |
| Role of President | Ceremonial role President is head of state but has limited executive powers, mainly acting on advice of Prime Minister & Council of Ministers. | Strong Executive Power President has significant authority, including appointing Prime Minister, dissolving National Assembly & calling referendums. |
| Election of President | Indirectly elected by an electoral college (Members of Parliament & Legislative Assemblies of States & Union Territories). | Directly elected by universal suffrage for a 5-year term (previously 7 years). |
| Term Limits for President | No term limits President can serve multiple terms. | A President cannot serve more than two consecutive terms. |
| Federal vs. Unitary System | Federal System Union & State governments have separate powers & responsibilities. | Unitary System central government in Paris has complete authority over departments & regions, which act under its control. |
| Judicial System | Integrated judicial system Supreme Court is highest authority & its decisions are binding on lower courts. | Dual judicial system Separate legal jurisdictions exist for civil law (Court of Cassation) & administrative law (Council of State). |
| Judicial Review | The Supreme Court & High Courts have extensive powers of judicial review to strike down unconstitutional laws. | The Constitutional Council reviews constitutionality of laws before they are enacted, but judicial review is limited post-enactment. |
| Involvement of Civil Society | No formal provision for civil society participation in constitutional governance. | Economic, Social & Environmental Council (CESE) is a constitutional body ensuring civil society participation in governance & policy-making. |
| Dual Citizenship | Not allowed – Indian citizens cannot hold citizenship of another country simultaneously. | Allowed – French citizens can have dual or multiple citizenships. |
Conclusion
Indian constitutional framework is a harmonious blend of global best practices & indigenous innovations. While it borrows from multiple democratic traditions it uniquely adapts them to Indian diverse social, economic & political realities. The result is a dynamic, resilient & evolving constitutional system that continues to uphold democratic governance while addressing nation changing needs.
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