Sources of Indian Constitution

The Constituent assembly was constituted in 1946 to frame the constitution for independent India. The Drafting committee with B.R. Ambedkar as President worked towards drafting the Constitution. For this, the members studied the previous constitutions of the other countries in the world to draft the best one suitable for India. The structural part of the Constitution is mainly taken from the Government of India Act,1935. The political part (Cabinet government and relations between the executive and legislature) has been drawn largely from the British constitution. The philosophical part of the Constitution (Fundamental Rights and DPSPs) has been derived from the American and Irish constitution. The other provisions have been taken from the constitutions of other countries like Canada, Japan, Germany, USSR etc. Though the Constitution is largely borrowed, significant modifications have been made to them to reduce their flaws and to accommodate them to the needs of the country.

The Constituent assembly was established in November, 1946 under the provisions of the Cabinet Mission Plan. The main task of the Constituent Assembly was to draft a constitution for the country.To deal with the the different tasks of constitution-making, a number of committees were appointed by Constituent Assembly. Among all the committees, one of the most important committee was Drafting committee which was set up on August 29, 1947. The committee headed by Dr. B.R. Ambedkar was entrusted with the task of preparing the draft of the new constitution. The provisions of the Constitution have been mostly borrowed from the constitutions of various countries as well as from Government of India Act of 1935. Finally, the constitution was adopted on November 26,1949 containing a Preamble, 395 Articles and 8 Schedules.

Dr. B.R. Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the World’. More than half of the constitution has been taken from Government of India Act,1935. The other provisions have been taken from the constitutions of Britain, USA, Germany, USSR, Iran, Canada, Australia, USSR, France, South Africa, Japan.

Dr. B.R. Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the World’. More than half of the constitution has been taken from Government of India Act,1935. The other provisions have been taken from the constitutions of Britain, USA, Germany, USSR, Iran, Canada, Australia, USSR, France, South Africa, JapanThere are different types of Constitutions in the world on the basis of its form, rigidity, ideology and form of the government.

• On the basis of form
  • Written constitution : This is the form of constitution which has been properly written and contains all the provisions regarding powers of the government and Rights of the citizens in a single document or book. It is a systematically arranged constitution.
    Examples : Constitution of US, Australia and India
  • Unwritten constitution : This is the form of constitution whose provisions has not been written in a single document and based on based on customs, conventions, judicial decisions, and statutes. Such type of constitution is a combination of various legal sources. It is a flexible and continuously evolving constitution.
    Examples : Constitution of United kingdom and New Zealand.


• On the basis of rigidity
  • Flexible constitution : It is the form of constitution that is easily amendable through ordinary legislative processes.
    Example : Constitution of United Kingdom
  • Rigid constitution : It is the form of constitution which is difficult to amend. A special procedure is required to amend such constitution.
    Examples : Constitution of United States, Australia
    Indian constitution is a blend of rigidity and flexibility with some provisions require special procedure to get amended under Article 368 while the other provisions can be amended through ordinary procedures.


• On the basis of ideolog
  • Democratic constitution : It is the form of constitution that clearly defines the power of government and guarantees the sovereignty of the people, fundamental rights of people and maintains a system of checks and balances to prevent the centralization of power.
    Examples : Constitution of United States, India
  • Authoritarian constitution : It is the form of constitution that that centralizes power in the hands of a single ruler or a small group. It limits political freedoms.
    Example : Constitution of North Korea


• On the basis of form of government
  • Federal constitution : It is the form of constitution that clearly divides and defines the powers between a central government and various state governments.
    Examples : Constitution of United States, Canada, India
  • Unitary constitution : It is a form of constitution that concentrates the power in the hands of central government with regional government having little or no autonomy. It has uniform policies and laws across the country
    Examples : Constitution of United Kingdom, France.

1. Features borrowed from Government of India Act,1935: The structural part of the constitution is mostly derived from this Act of colonial times. Features borrowed from this Act are
   • Federal scheme: The scheme of power division between centre and state is taken from this Act which served as a governance blueprint after independence.
   • Office of Governor: The idea of Office of Governor after independence is inspired from the office of Governor-General established from the Act who represented the British monarch. Similarly, post independence the Governor in state represents the Ceremonial head, President of India.
   • Judiciary: The Act established a Federal Court with jurisdiction over matters of federal law. The Supreme Court after independence was established on the lines of the Federal court.
   • Public Service Commissions: The Act introduced the concept of Public Service Commissions at both the central and provincial levels. After independence, Union Public Services Commission and State Public Service Commissions was formed.
   • Emergency provisions: Emergency provisions included in the Constitution of India is the modified version of Emergency provisions of this colonial Act.
2. British Constitution : Features of Parliamentary government were borrowed-
   • Rule of Law : The feature of Rule of law which emphasises that all individuals and institutions are accountable under law is inspired from the British constitution.
   • Parliamentary system : India’s Parliamentary form of democracy is based on the British model. In this system, the Executive is drawn from and accountable to the legislature.
   • Bicameral legislature : India’s Bicameral legislature consisting two Houses - Lok Sabha (House of the people) and Rajya Sabha ( Council of States) is similar to the two houses in British parliament - House of commons and House of Lords.
   • Single citizenship : Single citizenship in India is based on the similar concept in Britain.
   • Cabinet system : The Cabinet system in India in which Prime Minister, head of the government and senior ministers constitute the Cabinet is taken from British Cabinet.
   • Writs : The constitutional remedies in the form of Writs in Indian constitution are taken from the British constitution.
   • Parliamentary privileges : The privileges and immunities enjoyed by members of Parliament, such as freedom of speech and exemption from arrest in civil cases during sessions of Parliament, are similar to those granted to Members of Parliament (MPs) in the UK.
3. US constitution : Features borrowed are -
   • Federal Structure: Like the United States, India has a federal system of government where power is divided between the central government and the states.
   • Fundamental rights : The Fundamental rights provided to the individuals in the Constitution are largely inspired from the Bill of Rights in the US constitution.
   • Office of Vice-President : The Office of the Vice-President is borrowed from the Indian constitution.
   • Independence of judiciary : Independent Judiciary to ensure the rule of law is inspired from the US judicial system.
   • Judicial review : Judicial review allows the Court to review the constitutionality of the laws is a feature borrowed from the US constitution.
   • Impeachment of the President: The procedure of removal of President known as Impeachment is similar to the impeachment procedure of US President.
   • Removal of Supreme Court and High Court judges : The removal procedure of Supreme Court and High Court judges is taken from the US constitution.
4. Irish Constitution :
   • Directive Principles of State Policy (DPSPs) : The DPSPs are the principles to guide the government in formulating the laws and policies for the people. They are inspired from the Irish constitution.
   • Nomination of members to Rajya Sabha : In India, the President is empowered to nominate twelve members to the Rajya Sabha who have special knowledge or practical experience in fields such as literature, science, art, and social service. This provision of the nomination is taken from the Irish constitution
5. Canadian Constitution :
   • Federation with a strong centre : India has a Federal system but the Centre government has more powers over the state in many cases like during Emergencies etc. This system is similar to that of Canada.
   • Vesting of residuary powers in the Centre : There are 3 lists mentioned in the 7th Schedule of the Constitution of India : Centre list ( Power to make laws for the subjects mentioned in this list is vested with the Central government), State list ( State government has powers to make laws on the subjects mentioned in this list) and Concurrent list (Both centre and state government have the power to make laws). The power to make laws on the other residuary subjects is vested with the Centre government which is similar to the Canadian system.
   • Appointment of governors: The Governor in the state is appointed by the President of India. This appointment procedure is taken from the Canadian constitution.
   • Advisory jurisdiction of the Supreme Court : The advisory jurisdiction of the Supreme court through which the Supreme court extends advice on the request of President is inspired from the Canadian constitution.
6. Australian Constitution :
   • Concurrent list : Concurrent list in the 7th Schedule of the constitution has a list of subjects for which the power to make rules is vested with both the Central and State governments. The idea of this list is derived from the Australian constitution.
   • Joint sitting of the two Houses of Parliament : The joint sitting of both the Houses of Parliament is organised to resolve the deadlock between the two Houses. This feature is inspired from the Australian constitution.
7. Weimar Constitution of Germany :
   • Suspension of Fundamental Rights during Emergency : During emergencies, many fundamental rights get suspended. This feature is borrowed from the Weimar Constitution of Germany.
8. Russian constitution (erstwhile USSR) :
   • Fundamental duties : The Fundamental duties were added in the Indian constitution through 42nd Constitutional Amendment Act. The idea of Fundamental duties is inspired from the erstwhile USSR constitution.
   • The ideal of justice (social, economic and political) in the Preamble : The idea of Social, Economic and Political justice mentioned in the Preamble of Indian constitution is taken from the Russian constitution
9. French Constitution :
   • Republic : Both France and India are republics, where sovereignty is vested in the people.
   • The ideals of liberty, equality and fraternity in the Preamble : The preamble of the Indian Constitution, which enshrines the ideals of justice, liberty, equality, and fraternity, shares similarities with the motto of the French Republic: "Liberté, égalité, fraternité" (liberty, equality, fraternity).
10. South African Constitution :
    • Procedure for amendment of Constitution : Procedure through which the Constitution of India can be amended to suffice the needs of changing times is inspired from the constitution of South Africa.
    • Election of members of Rajya Sabha : The members of the Rajya Sabha are not directly elected while they are elected indirectly by the elected members of the Legislative Assemblies of the States and Union territories. This procedure is derived from the South African constitution.
11. Japanese Constitution :
    • Procedure established by law : "Procedure established by law" is a legal principle under Article 21 that ensures that any deprivation of life or personal liberty must be done in accordance with a procedure prescribed by law. This is inspired from the Japanese constitution.

Some have criticised the Indian Constitution for being a ‘borrowed constitution’ or a ‘bag of borrowings’. However, this criticism is not fair. The Indian Constitution is a unique blend of borrowings and innovations. The framers meticulously studied various constitutions from around the world, but they did not blindly copy them. They adapted features from constitutions like the British Constitution (Parliamentary system), and US Constitution (Fundamental Rights) to suit India's specific needs and aspirations. This careful selection and thoughtful modification resulted in a robust constitution that protects the rights of its citizens and ensures a democratic form of government. The Indian Constitution is thus a testament to the vision and wisdom of its framers, who crafted a document that has served the world's largest democracy for over seven decades.