India’s constitution is a mixed bag for borrowing. On November 26, 1949, the Constitution was adopted. It came into effect on January 26, 1950. It was on this day that members of the Constituent Assembly signed the papers. Many countries have been inspired by the establishment of the Indian Constitution. See such countries below and the borrowed parts. India’s Constitutional Day is celebrated on November 26 every year.
Borrowed Features Of The Constitution :
From U. K
✹Nominal Head—President( like Queen).
✹Cabinet System Of Ministers.
✹Post of PM.
✹Parliamentary Type of Govt.
✹Lower House more powerful.
✹Council of ministers responsible to Lower House.
✹Speaker in the Lok Sabha.
From U. S
✹Executive head of state known as president and his being the Supreme commander of thevArmed Forces.
✹Vice-president as the ex-officio chairman of Rajya Sabha.
✹Provision of states.
Independence of Judiciary and judicial review.
✹Removal of Supreme Court and High Court judges.
✹Language of the preamble.
✹Provision regarding trade, commerce and intercourse.
✹Law on which the Supreme Court function. [Concept of “procedure established by Law”]
Suspension of Fundamental Rights during the emergency.
From SOUTH AFRICA
✹Procedure of Constitutional Amendments.
✹Scheme of federation with a strong center.
✹Distribution of powers between Centre and the States and placing. Residuary Power with the Centre.
✹Concept of Directive Principles of State Policy. [Ireland borrowed it from SPAIN]
✹Mehod of election of the President.
✹Nomination of members in the Rajya Sabha by the President.
✹Concept of “Republic”
✹ Ideals of Liberty, Equality, and Fraternity(contained in the Preamble)
PREAMBLE TO THE CONSTITUTION
✹It is a preface or the introduction to the Constitution. It is not an integral part of
Constitution. The interpretation of Constitution is based on the spirit of Preamble.
✹The ‘Objective Resolution’, proposed by Pandit Nehru and passed by the Constituent Assembly, ultimately became the Preamble.
✹Idea of preamble borrowed from Constitution of US.
✹The words ‘SOCIALIST”, “SECULAR’ and ‘UNITY’ & ‘INTEGRITY’ were added by the 42nd Amendment in 1976.
✹Preamble is not justiciable.