Parts of the Indian Constitution that were ‘inspired by’ others

Several concepts in the Constitution of India are 'borrowed' from the Constitutions of other countries from around the world, here are some key examples

The Constitution of India sets out rules and laws that dictate how the legislature, judiciary, central, state, and local governments should function. It also issues guidance to the government on policies of the state, rights and duties of citizens.

India’s Constitution came into effect on January 26, 1950, and was in the making for many years. However, not all parts of the Constitution are unique to India. Many parts of the Constitution have concepts that are borrowed from countries around the world. Often, the Constitution is criticised as a bag of borrowings or just a copy-paste job. Although it is true that many key parts of the Constitution are similar to those of other countries, it still remains unique and was drafted keeping in mind India’s history, intersectional diversity, and other characteristics of the largest democracy of the world.

Here are some key parts of the Constitution that contain concepts and systems borrowed from Constitutions of other countries:

United Kingdom

1. Parliamentary government: A system of governing a State where the Parliament, consisting of representatives of citizens, make laws.

2. Nominal Head of State: Much like the Queen, the Indian President gives assent to laws, appoints the government among other functions, but the President does not actively engage in branches of the government.

3. Cabinet system: The Cabinet in India is very similar to the British Cabinet, where Cabinet ministers report to the Prime Minister and take decisions for the portfolio of ministries assigned to them.

4. Bicameral Legislature: A bicameral legislative setup consists of two houses of Parliament, lower and upper house. In the UK, Parliament’s lower house is called House of Commons and the upper house is known as the House of Lords. The Indian Parliament consists of the Lok Sabha and the Rajya Sabha.

5. Rule of Law: A process or practice where all citizens are treated equally in the eyes of the law.

6. Prime Minister: The post of the Indian PM, how the person is chosen and how the PM operates as part of the government, is similar to that of the British Prime Minister.

7. Speaker of the lower house: The Lok Sabha Speaker is chosen and functions in the same manner as that of the British House of Commons Speaker. Members of Parliament in the lower house address the Speaker when debating a law in India and the UK. Both Speakers have similar authority over the lower house and often make important decisions.

Ireland

1. Directive Principles of State Policy (DPSP): Part IV, Article 36 to 51 of the Constitution contain the DPSP. These principles guide the government in forming laws or policies in order to establish a welfare state. These, however, are not enforceable but are only a set of instructions or principles.

United States

1. Written Constitution: Constitutions of several countries are not codified or written, for instance, the United Kingdom’s Constitution is not clearly codified. However, the Constitution of India, like the US Constitution, is written and clearly codified.

2. Preamble of the Constitution: Though the Preambles of Indian and US Constitutions are not the same, they feature a similar structure and begin with the words, “We, the People...”

3. Fundamental Rights: The Fundamental Rights mentioned in the Constitution of India have their origins in many sources. England’s Bill of Rights, France’s Declaration of Rights of Man and the US’ Bill of Rights. However, Articles 14 through 35 are considered by experts to have been inspired by the US’ Bill of Rights more than others.

4. Judicial Review: The concept of judicial review in the US Constitution is not explicit, but inferred. This concept has been put to use in India, where courts of law review legislation to check if it violates provisions of existing law or the Constitution.

Australia

1. Concurrent List: Both the Central Government and State Government both can make laws on the subjects that feature in the concurrent list. Some subjects are education, forest, marriage, among others.

USSR

1. Fundamental Duties: The concept of Fundamental Duties from the Constitution of the then Soviet Union is featured in the Indian Constitution. Though these duties are not enforceable, they are a guide to be followed by citizens.

2. Five-Year Plans: The Planning Commission of India used to deliver five-year plans on the development of India and the economy. The 12th and the final five-year plan ended in 2017. Since the new Modi govt replaced the Planning Commission with NITI Aayog, there have been no formal five-year plans presented.