Borrowed Features of the Constitution

The Constitution of India came into existence on 26 November 1949 after nearly three years of detailed deliberations by the Constituent Assembly. The framers of the Constitution were fully aware that constitution-making was not an entirely new exercise in the modern world. Several democratic nations had already experimented with constitutional governance. Instead of reinventing every concept, the Constituent Assembly examined global constitutional models and adopted provisions that were considered suitable for Indian conditions.

These borrowed provisions are commonly referred to as the borrowed features of the Indian Constitution. However, the process was not one of mechanical copying. The framers carefully selected and modified principles to suit India’s political realities, historical background, social diversity and administrative needs.

This article explains in detail the borrowed features of the Constitution, their sources, and their significance in Indian constitutional governance.

Why Did the Constituent Assembly Borrow Features?

India became independent after a long national struggle against colonial rule. At the time of constitution-making, the country faced immense challenges:

• Social diversity based on language, religion, caste and region
• Economic backwardness and poverty
• Administrative complexity in governing a vast territory
• The need to ensure political stability and democratic accountability

The Constituent Assembly believed that valuable lessons could be drawn from the constitutional experiences of other nations. Borrowing was seen as a practical and intelligent approach rather than a weakness. The framers absorbed only those provisions that suited Indian aspirations and administrative needs.

The Government of India Act, 1935 also played a significant role. Since it had already provided an administrative framework for British India, many structural provisions were retained and adapted in the new Constitution.

What are the Borrowed Features of the Constitution?

Features Borrowed from the Government of India Act, 1935

The Government of India Act, 1935 was one of the most important constitutional documents before independence. Several structural aspects of the Indian Constitution are derived from it.

The following features were adopted and modified:

• Federal Scheme: The Act introduced a federal structure dividing powers between the Centre and provinces. The Indian Constitution retained this federal arrangement but strengthened it by giving the Union more authority to maintain unity and stability.
• Office of Governor: The position of Governor in states originates from the 1935 Act. Under the Constitution, the Governor acts as the constitutional head of the state.
• Judiciary: The federal court system introduced under the Act laid the foundation for the integrated judicial system under the Constitution.
• Public Service Commissions: The establishment of Public Service Commissions to ensure merit-based recruitment was continued under the Constitution.
• Emergency Provisions: The idea of granting extraordinary powers to the Centre during emergencies was borrowed and elaborated in the Constitution.
• Administrative Details: Many procedural and administrative provisions relating to governance were adapted from the Act.

Features Borrowed from the British Constitution

The British Constitution has had a profound influence on India, mainly because India was governed by Britain for nearly two centuries.

The following features were borrowed:

• Parliamentary Government: India adopted the parliamentary form of government where the executive is responsible to the legislature. The Council of Ministers is collectively responsible to the Lok Sabha.
• Rule of Law: The principle that law is supreme and applies equally to all individuals is derived from the British system.
• Legislative Procedure: Procedural aspects relating to law-making in Parliament were inspired by British parliamentary practice.
• Single Citizenship: Unlike federal systems such as the United States, India follows the concept of single citizenship.
• Cabinet System: The real executive authority rests with the Cabinet headed by the Prime Minister.
• Prerogative Writs: The power of courts to issue writs such as habeas corpus, mandamus, prohibition, certiorari and quo warranto has its roots in British legal practice.
• Parliamentary Privileges: Members of Parliament enjoy certain privileges to perform their duties without interference.
• Bicameralism: The idea of having two Houses of Parliament — Lok Sabha and Rajya Sabha — was inspired by the British Parliament.

Features Borrowed from the American Constitution

The United States Constitution significantly influenced certain key aspects of the Indian Constitution.

• Fundamental Rights: The inclusion of Fundamental Rights in Part III of the Constitution is inspired by the American Bill of Rights.
• Independence of Judiciary: The judiciary in India functions independently from the executive and legislature.
• Judicial Review: Courts have the power to examine the constitutionality of laws passed by the legislature.
• Impeachment of the President: The procedure for removal of the President resembles the American system.
• Removal of Supreme Court and High Court Judges: The process of removing judges for proved misbehaviour or incapacity reflects American constitutional principles.
• Post of Vice-President: The office of the Vice-President is also inspired by the American model.

Features Borrowed from the Canadian Constitution

The Canadian model influenced India’s federal structure.

• Federation with a Strong Centre: India adopted a federal structure with a strong central government to maintain unity.
• Vesting of Residuary Powers in the Centre: Powers not specifically mentioned in the lists are given to the Union government.
• Appointment of State Governors by the Centre: The central government appoints Governors in states.
• Advisory Jurisdiction of the Supreme Court: The Supreme Court can provide advisory opinions on legal questions referred by the President.

Features Borrowed from the Irish Constitution

The Constitution of Ireland contributed certain important provisions.

• Directive Principles of State Policy: Part IV of the Indian Constitution contains Directive Principles, which guide the state in governance and social welfare.
• Nomination of Members to Rajya Sabha: The President can nominate members with special knowledge in literature, science, art and social service.
• Method of Election of the President: The indirect election of the President reflects Irish constitutional practice.

Features Borrowed from the Australian Constitution

Australia influenced certain federal features.

• Concurrent List: Both the Centre and the states can legislate on subjects in the Concurrent List.
• Freedom of Trade, Commerce and Intercourse: The Constitution guarantees free trade and movement across states.
• Joint Sitting of the Two Houses: In case of disagreement between the two Houses, a joint sitting may be held.

Features Borrowed from the Weimar Constitution of Germany

From the Weimar Constitution, India adopted the concept of:

• Suspension of Fundamental Rights During Emergency: During a declared emergency, certain Fundamental Rights may be suspended.

Features Borrowed from the Soviet Constitution

The Soviet Union influenced the following aspects:

• Fundamental Duties: Part IVA of the Constitution lists Fundamental Duties of citizens.
• Ideals of Justice in the Preamble: The ideals of social, economic and political justice were inspired by socialist principles.

Features Borrowed from the South African Constitution

South Africa contributed to procedural aspects.

• Procedure for Amendment of the Constitution: The amendment process reflects a flexible yet structured model.
• Election of Members of Rajya Sabha: The method of election of representatives to the upper house draws from South African practice.

Feature Borrowed from the Japanese Constitution

Procedure Established by Law

Article 21 of the Japanese Constitution inspired the concept of “procedure established by law” in relation to personal liberty under Article 21 of the Indian Constitution (now Article 21).

Features Borrowed from the French Constitution

The Constitution of France influenced the ideological framework.

• Republic: India adopted the republican form of government.
• Ideals of Liberty, Equality and Fraternity: These ideals are reflected in the Preamble.

Is the Indian Constitution a “Borrowed Bag”?

The criticism that the Indian Constitution is merely a “borrowed bag” overlooks important realities.

Several reasons demonstrate why this criticism is misplaced:

Adaptation, Not Copying

Borrowed provisions were modified to suit Indian needs. They were absorbed into a new framework consistent with Indian political realities.

Detailed and Comprehensive Nature

The Indian Constitution is one of the most detailed constitutions in the world. It originally contained 395 Articles, which have now increased to 448 Articles. In comparison, the American Constitution contains only seven Articles.

Unique Historical Context

The Constitution reflects the experiences of the Indian national movement, social reform movements, and the struggle for independence.

Blending of Federalism and Unitarism

India created a unique model of federalism with unitary features, tailored to maintain national unity.

Social Justice Orientation

The Constitution goes beyond political democracy and aims at social and economic justice.

Therefore, it cannot be described as a mere collection of borrowed ideas. It is a carefully structured synthesis of global constitutional wisdom and Indian constitutional philosophy.

Conclusion

The borrowed features of the Indian Constitution reflect the pragmatic and visionary approach of the Constituent Assembly. The framers examined constitutional systems across the world and adopted principles that could ensure democratic stability, social justice and national unity.