borrowing provisions have helped the Constitution to build upon the collective learning of the humankind. Let us check the provisions which have been sourced from different legal systems:
i. The Government of India Act of 1935: This was an Act passed by the Parliament of Britain. It provided a framework for the government of India and was passed in the response to demands of the Indian leaders for democracy. The Constitution borrows from it the Federal Scheme of government, Office of Governor, the system of the judiciary (establishing a supreme court), Public Service Commissions, and the Emergency provisions.
ii. British Constitution: Parliamentary system, Bicameralism, Rule of Law (Article 14), Legislative procedure, Single citizenship, Cabinet System, System Writs (Article 32 & 226), the rule of law
iii. US Constitution: Fundamental Rights (Part III), Post of Vice President, Judicial Review, Impeachment of the President, Removal of judges of Supreme Court and High Court(Article 124).
iv. Irish Constitution: Directive Principles of State Policy (Part IV), the nomination of members to Rajya Sabha, and method of election of President.
v. Canadian Constitution: It is exciting that the same parliament (British) Which passed the Government of India Act 1935, made constitutional laws for Canada. Thus, borrowing from Canada means taking something from English Case law. The provisions regarding the Federation with a strong center, the appointment of governors by the center and advisory jurisdiction of the Supreme Court (Article 143), and the residuary powers with the center (Article 248) have been sourced from Canada.
vi. Australian Constitution: Freedom of trade and commerce, Concurrent List, joint sitting of the two Houses of Parliament.
vii. Weimar Constitution (Constitution of Germany): Suspension of Fundamental Rights during Emergency.
viii. Soviet Constitution: The Soviet Constitution is known for its socialism. India, being a welfare state, did borrow the principles like Fundamental duties and the ideals of social, economic and political justice (Found in the Preamble).
ix. French Constitution: Republic character of Constitution. The ideals of liberty , equality and fraternity in the Preamble.
x. South African Constitution: Procedure for amendment, the Constitution and election of the members of Rajya Sabha.
xi. Japanese Constitution: Procedure established by law.
This, the above-mentioned provisions, are those which have been sourced from a foreign legal system. it must not be concluded from the above that it is a copy paste,
Poorvi Jain 5 years, 1 month ago
1Thank You