Sources of the Indian Constitution

Overview

The framers of the Indian Constitution did not create an entirely new document from scratch. They studied constitutions from around the world, took features that suited India's needs, and adapted them to local conditions. Granville Austin, the eminent constitutional scholar, described this as a process of "selective borrowing" combined with indigenous innovation.

The result was a constitution that Austin called "the first major attempt to accommodate a modern constitution to the needs of a very large and extremely diverse country." Dr. B.R. Ambedkar famously stated: "There is nothing to be ashamed of in borrowing. It is nobody's monopoly. Nobody holds a patent right in the fundamental ideas of a Constitution."

From the United Kingdom

The British influence is the most pervasive, reflecting India's long colonial history under British rule:

• Parliamentary System of Government — The executive is drawn from and accountable to the legislature, with the Prime Minister as head of government and the President as ceremonial head of state.
• Rule of Law — No one is above the law; all government actions must have legal justification. This principle was developed by A.V. Dicey in the British constitutional context.
• Legislative Procedure — The bicameral Parliament with a Lower House (Lok Sabha) and Upper House (Rajya Sabha), though with elected rather than hereditary membership.
• Cabinet System — Collective responsibility of the Council of Ministers to the legislature, as outlined in Article 75(3).
• Single Citizenship — Unlike federal systems like the USA, India has a single unified citizenship, adopted from the British model (Article 5).
• Prerogative Writs — The system of writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) was borrowed from English common law and incorporated into Article 32 and Article 226.
• Parliamentary Privileges — The privileges of members of Parliament (Article 105) were derived from the British House of Commons.

From the United States

The American influence is strongest in the area of fundamental rights and judicial structure:

• Fundamental Rights — The Bill of Rights (first ten amendments to the US Constitution) served as the direct model for Part III of the Indian Constitution. The Supreme Court in Golaknath v. State of Punjab (1967) and later cases affirmed that these rights are the "heart of the Constitution."
• Supreme Court and Judicial Review — The independence of the judiciary and the power of judicial review were drawn from the American model, particularly from Marbury v. Madison (1803), which established the principle that courts can strike down laws that violate the Constitution.
• Impeachment of the President — The procedure for removing the President by Parliament (Article 61) mirrors the American impeachment process.
• Vice-President as Chairman of Rajya Sabha — Similar to the US Vice-President's role as President of the Senate (Article 64).
• Removal of Judges — The procedure for removing Supreme Court and High Court judges (Article 124(4)) is modelled on the American impeachment process.
• Preamble — The format of the Preamble, stating "We, the People of India," was inspired by the American "We, the People."

From Ireland

The Irish Constitution (Bunreacht na hÉireann, 1937) was a major source for the Directive Principles of State Policy:

• Directive Principles of State Policy (DPSP) — Part IV of the Indian Constitution (Articles 36–51) was directly inspired by the Irish Directive Principles of Social Policy (Articles 45–51 of the Irish Constitution). Dr. B.R. Ambedkar noted that the framers wanted "a state which will not be a police state but a welfare state."
• Method of Presidential Election — The system of election by an electoral college (now replaced by a direct election in Ireland but retained in India) was borrowed from Ireland.
• Nomination of Rajya Sabha Members — The nomination of members to the Rajya Sabha by the President (Article 80(3)) was borrowed from Ireland.

From Canada

The Canadian constitutional model was particularly relevant for managing a large federal system with diverse provinces:

• Federalism with a Strong Centre — India's federal structure is often described as "quasi-federal" or "co-operative federalism," borrowing from Canada where the federal government has significant powers over the provinces.
• Distribution of Powers — The division of powers between the Union and State governments through three lists (Union, State, Concurrent) was borrowed from the Canadian model of Sections 91 and 92 of the British North America Act, 1867.
• Residual Powers — The residuary powers (subjects not in any list) vest with the Union (Article 248), following the Canadian model (unlike the USA where they vest with the states).
• Appointment of State Governors — The appointment of state governors by the Centre (Article 155) was borrowed from the Canadian model.
• Advisory Jurisdiction of Supreme Court — The power of the President to seek the Supreme Court's opinion on questions of law or fact (Article 143) was borrowed from Canada.

From Other Countries

• Australia — The Concurrent List (subjects on which both Centre and States can legislate, Article 246) was borrowed from the Australian Constitution. The concept of a joint sitting of both houses of Parliament (Article 108) was also borrowed from Australia.
• Weimar Constitution (Germany) — The suspension of Fundamental Rights during a national emergency (Article 352) was influenced by the Weimar Constitution's provisions for emergency powers. The term "President" was also borrowed from Germany.
• Soviet Union (USSR) — The Fundamental Duties (Part IVA, added by the 42nd Amendment in 1976, Articles 51A) were inspired by the Soviet model of citizen obligations. The ideals of justice (social, economic, and political) in the Preamble were also influenced by the Soviet Constitution.
• France — The ideals of Liberty, Equality, and Fraternity in the Preamble were derived from the French Revolution (1789).
• South Africa — The procedure for constitutional amendments (requiring special majorities, Article 368) was influenced by the South African Constitution.
• Japan — The procedure for "due process of law" in Article 21 was influenced by the Japanese Constitution.

What Was NOT Borrowed: Indigenous Innovations

The Constitution also contains several uniquely Indian features that were not borrowed from any foreign constitution:

• Universal Adult Franchise — From the very beginning (1950), every adult citizen had the right to vote, regardless of property, education, or gender. The British Constitution did not have universal suffrage at the time of India's independence.
• Scheduled Castes and Scheduled Tribes — Special provisions for the advancement of historically disadvantaged communities (Articles 330, 332, 335, etc.) were entirely indigenous innovations reflecting India's social realities.
• Part IV: DPSP — Although inspired by Ireland, the specific content was adapted to Indian conditions. Granville Austin noted that DPSP was designed to promote social and economic democracy, not merely political democracy.
• Integrated Judiciary — Unlike the USA where state and federal judgements are separate, India has a unified judicial system with the Supreme Court at the apex and High Courts in the states (Articles 124–237).
• Single Constitution for Union and States — Unlike the USA where each state has its own constitution, India has a single constitution for both the Union and the States (except Jammu and Kashmir before 2019).
• Independent Bodies — The Election Commission (Article 324), Comptroller and Auditor General (Article 148), and Finance Commission (Article 280) were designed specifically for Indian conditions.