discuss the main sources of the …

Indian Constitution was framed by the Constituent Assembly which was elected in 1946. All the members of this Assembly were Indians who represented all the political parties, though Congress Party was in majority. There was no restriction on the powers of the Assembly and it was authorised to enact any type of Constitutionit liked. The Constitution has been framed after thoughtful consideration which exhibits and fulfilsthe ideals, aspirations, values, wishes and requirements of the Indian people.

Main Sources of Indian Constitution—1. The Government of India Act, 1935: Indian Constitution is mainly based on the Government of India Act, 1935. This Act had accepted many of the demands of the Indian National Congress i.e., provincial autonomy, parliamentary system, federal system, federalcourt, etc. When we got freedom we were accustomed of the administrative set up under this Act and we changed the provisions of the Act according to our requirement and suitability in the new Constitution. Thus about two-thirds of Indian Constitution is derived from the Act of 1935.

2. British Constitution: Many of the provisions of the Constitution have been taken from the British Constitution. Parliamentary system is on British pattern except that in India, we have opted for a President as Head of the State, not a king. Our procedure of law making, single citizenship, single integrated judiciary are based on British Constitution. Thus British Constitution is also a big source of Indian Constitution.

3. American Constitution: Idea of Preamble to the Constitution was derived from the American Constitution. Declaration of Fundamental Rights in the Constitution, provision of Judicial Review are also derived from the American Constitution. Preamble to the Indian Constitution and the position of Indian Supreme Court, and those of American Constitution are similar.

4. Constitution of Canada: Our Federal structure is similar to that of Canada. Like Canadian Constitution, we have a more powerful centre than the states and have given residuary powers to the Central Government. Our federal system is not based on American pattern.

5. Constitution of Ireland: Constitution of Ireland had provided for the guidelines to the states. This inspired the makers of the Indian Constitution and they have included the Directive Principles of the State Policy in the Constitution.

6. German Constitution: The makers of the Constitution were inspired by the Weimer Constitution regarding the emergency provisions and they armed the Indian President with emergency powers to face external and internal emergencies.