The Indian Constitution is unique in its contents and spirit. Although it had picked up many best features from other constitutions of the world.
Many people criticise that the Indian Constitution is a bag of borrowingsor justa paper.
However, the chairman of drafting committee Dr, Ambedkar had said in this regard that – “As to the accusation that the Draft Constitution is a mixture of the provisions of the Government of India Act, 1935 and borrowed provisions of foreign constitution, but I make no apologies. There is nothing to be ashamed of in borrowing. It involves no plagiarism. Nobody holds any patent rights in the fundamental ideas of a Constitution….”
BORROWED FEATURES OF THE INDIAN CONSTITUTION ARE AS FOLLOWS;
BRITAIN
Parliamentary government, Rule of Law, Legislative procedure, Single citizenship, Cabinet system, Prerogative writs, Parliamentary privileges and Bicameralism.
Ireland
Directive Principles of State Policy, Method of Election of the president and Members nomination to the Rajya Sabha by the President.
Unites States of America
Impeachment of the president, Functions of president and vice-president, Removal of Supreme Court and High court judges, Fundamental Rights, Judicial review, Independence of judiciary and Preamble of the constitution.
Canada
Centrifugal form of federalism where the centre is stronger than the states, residuary powers vest with the centre, Centre appoints the Governors at the states and Advisory jurisdiction of the Supreme Court.
Australia
Concept of Concurrent list, Article 108 i.e. Joint sitting of the two houses and Freedom of trade and commerce.
USSR
Fundamental duties and the ideals of justice (social, economic and political), expressed in the Preamble.
France
Concept of “Republic” and Ideals of Liberty, Equality and Fraternity (contained in the Preamble).
Germany
Fundamental Rights are suspended during Emergency.
South Africa
Election of members of the Rajya Sabha and Amendment of the Constitution.
Japan
Concept of “procedure established by Law”
By Suraj Anand
Law Student, IME Law College, Ghaziabad
Legal Intern, Lex Excel – Advocates & Solicitors