Monday, 20 June 2022

borrowed provision of indian constitution and procedure of formation



The Constitution of India went through all the major Constitutions of the world before it drafted its own and as Drs. Ambedkar noted, they try to combine the best and most timely features of each of them in accordance with the requirement of the country. Therefore, the Constitution of India is often described as a ‘loan fund’ as it is freely taken from the Constitution of various countries and the Government of India Act, 1935. However, the greatest influence was applied to them by the Government of India Act. , 1935. The great constitutional scholar austin granville in  his work has explained that indian constitution is formed by borrowing the best peripherals of the constitutions of the world , but it has certain salient features that distinguishes indian constitution from it's counterparts . 

indian constitution has borrowed several features from the constitution of different nations which are as follows 

Constitutional provisions borrowed

 Federal     scheme,    Declaration    of    emergency    powers,

Ordinance  making power of president and governor, Office of governor, Power of federal judiciary, and Administrative structure both at centre and state level

England - Parliamentary System, Bicameral Parliament, Prime Minister, Council of Ministers, Single Citizenship, Office of CAG, Writ jurisdiction of courts, Rule of law

united states - Written Constitution, Fundamental Rights, Supreme Court, President as executive Head of State, Vice President as chairman of council of states, and Judicial Review

Australia Concurrent List, Cooperative federalism, and Centre-State Relationship

Erstwhile USSR Fundamental Duties

Germany - 

(Weimer constitution)

Provisions concerning    suspension of Fundamental     rights

during emergency and Ballot system

Canada - Federal System and Residuary Powers. 

South Africa - Procedure    of    Constitutional    Amendment    and    Electing

member to Rajya Sabha

Ireland - Concept of Directive Principles of State Policy, Nomination of members to RS by President. and Method of Presidential election. 

procedure of indian constitution 

The constitution of India was formed by  the elected Constituent Assembly and was officially adopted on November 26, 1949. It came into effect on January 26 1950 - as demanded by Pandit Nehru.

The Constituent Assembly was established under

Cabinet's proposal (1946) to make the Constitution of  independent independent . It was a

a large body of representatives consisting of 385 members of which 292 are elected by the electorate

members of the Provincial Legislatures while 93 members were nominated

Princely States.

But when the Muslim League decided to withdraw its members out of the Constituent Assembly of India and the creation of a separate Constituent

At the Pakistan Congress on July 16, 1947, the membership of the Constituent Assembly of India was reduced to 299, of which 229 represented the provinces and 70 were elected by the Princely States.The  Parliamentary Assembly met in November 1948 when the provisions of the draft Constitution were considered and discussed in detail. Following the completion of all such deliberations and discussions on the draft Constitution, it finally received the signature of the President of the National Assembly on November 26, 1949, when it was approved and approved.

The last session of the convention was on January 24, 1950, with the unanimous vote of Drs. Rajendra Prasad as President of India. In all, 284 members of Parliament signed official copies of the Indian Constitution, which went into effect on January 26, 1950.

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