Constitution and Sources of Indian Constitution

IAS Mains General Studies Sample Answers

What is Constitution and Sources of Indian Constitution?

A document having a special legal sanctity, consisting of the basic governing principles of the state is generally called the constitution. The powers and duties of the state organization framework and the principal functions of the organs of the government are described in the constitution. It means the source of all peoples' and organisations' power, duties and rights in the constitution. It is rightly said that the constitution is the supreme law of any land which cannot be superseeded even by the government, it is an Umbrella Legislation it.

The main source of the constitution of India is the "Government of India Act, 1935". More than half of the articles of this act were fully or with partial modification had been included in the Indian constitution. Some of the sources of the constitution are as follows:

United Kingdom

  • India adopted the Parliamentary system of government. One of the main reasons was that this system was familiar to India. This Parliamentary system was adopted from the U.K.
  • Legislative procedure and the Parliamentary privileges were directly adopted from the U.K.
  • 'Rule of Law' is accepted from the U.K.

U.S.A.

  • Supreme Court and the judiciary's organization, powers, judicial review, and the provisions of the fundamental rights are taken from the U.S.A.
  • 'Due process of law' are accepted from the U.S.A.
  • The post of vice-president of India in similar to that of the U.S.A.
  • South Africa: The procedure of amending the constitution is adopted from the South African constitution.
  • Australia: Federal aspects like the concurrent list is adopted from the Australian system.

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