Top 10 global constitutions that inspired India’s founding ideals and framework
Samvidhan Divas 2024: As we mark the 75th anniversary of the adoption of the Constitution of India, read along to learn which 10 global constitutions inspired the ideals enshrined in it.
Samvidhan Divas 2024: 10 global constitutions that inspired India's Constitution: The Constitution of India is notable for being the world’s longest-written constitution of any sovereign country in the world.
Today, on November 26, we mark Constitution Day of India, or Samvidhan Divas, annually in India to commemorate its adoption by the Constituent Assembly, establishing India as a sovereign and democratic republic.
To demonstrate India’s commitment to addressing its diverse social and cultural society while ensuring fundamental rights and justice for all citizens, the Constituent Assembly, after nearly three years of deliberations and discussions, adopted the Constitution of India on November 26, 1949, which officially came into effect on January 26, 1950, marking India as a sovereign republic.
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To promote constitutional principles among citizens, the Ministry of Social Justice and Empowerment declared on November 19, 2015, that November 26 will be designated as ‘Constitution Day of India.’
“The Constitution is not a mere lawyer’s document; it is a vehicle of life, and its spirit is always the spirit of the age,” Dr B.R. Ambedkar, often referred to as the chief architect or father of the Indian Constitution, famously stated.
Emphasising the dynamic nature of the Indian Constitution, Ambedkar reflected the values and aspirations of society rather than being a static legal text.
Interestingly, the Indian Constitution is the world’s longest written constitution, with 448 articles divided into 22 sections and 12 schedules.
Top 10 global constitutions that inspired and influenced the ideals for the Constitution of India:
The Constituent Assembly has drawn inspiration from and incorporated several features from the constitutions of various countries across the globe. (Source: Wikipedia Commons)
S.No
Country
Features Borrowed
1
United Kingdom
Parliamentary form of government: Parliament is the supreme legislative body of India, which is built on the strong cooperation between the executive and legislature, and allows the election of the President and the Prime Minister of the country.
Single Citizenship
Rule of Law: It ensures that laws apply equally to all individuals.
Cabinet System
Prerogative Writs: Legal procedures to enforce rights while also holding public authorities and judicial bodies accountable for their conduct or inaction.
Parliamentary Privileges
Bicameral Legislature: A legislature consisting of two houses: the Lok Sabha and the Rajya Sabha.
Legislative Procedure
2
United States
Fundamental Rights: Entitled to every citizen which guarantees individual freedoms and protections against state action.
Impeachment of the President
Judicial review: A procedure by which the Supreme Court and High Courts of India analyse, decide, and annul executive or legislative activities that violate the Indian Constitution.
Removal of Supreme Court and High Court judges
Independence of Judiciary: The courts in the country have been provided independent status, ensuring it doesn’t come under government or any other influence.
Vice-President’s Role
3
Soviet Union/Russia
Fundamental Duties: It outlines the responsibilities of citizens towards their nation.
The ideals of Justice (social, economic, political) included in the Preamble
4
Australia
The concept of a Concurrent List: A list of 52 items in the Seventh Schedule; it delineates subjects on which both central and state legislatures can legislate.
Freedom of trade, commerce, and intercourse
Provision for a joint sitting of the two Houses of Parliament
5
France
The concept of a Republic: A form of government where the head of state is the president or other elected official.
Ideals of liberty, equality, and fraternity, integrated into the Preamble
6
Ireland
The idea of the Directive Principles of State Policy: These principles guide the state in ensuring legality and procedural fairness in policy formulation and legislation.
Nomination of members to Rajya Sabha
Election of the President
7
Canada
Quasi-federal structure with a strong central government
Concept of residual powers: The Union Government has special rights to create any legislation relating to any issue that is not a part of the Concurrent List or State List.
Distribution of powers between Centre and State
Centre’s power to appoint state governors
The advisory function of the Supreme Court: Article 143 of the Indian Constitution grants the Supreme Court advisory jurisdiction, allowing the President to seek its opinion on any law or fact of public importance deemed necessary.
8
Japan
The concept of ‘Procedure Established by Law’: A legislation that has been lawfully adopted by the legislature or other relevant authority is only legitimate if the proper procedure has been strictly followed.
9
Germany (Weimar)
Concept of Emergency provisions and suspension of Fundamental Rights during emergencies: Under Article 359, the President has the authority to suspend fundamental rights during both internal and external emergencies.
10
South Africa
The process for electing members to the Rajya Sabha
Procedure for amending the Constitution: A bill aimed at amending the Constitution must be ratified by half of the state legislatures by a simple majority, and then presented to the President for his assent after both houses have passed the bill.
The Indian Constitution is a unique and crucial document for the country; it has often drawn criticism as “a bag of borrowing.”
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While some features of the Indian constitution are borrowed from other nations, it is still wrong to say so, as the ideals have been formulated in the Indian context of polity and governance.
It is the most detailed constitution of the world and has been drafted considering the historical perspective of Indian nationalist struggles, the diversity of India, and its traditions and characteristics, which are different from any other nation.
Cherry Gupta is an Assistant Manager – Content at The Indian Express. She leads the Top 10 section, curating list-based features on key national and international developments, and manages daily news content. She also produces SEO-driven articles and collaborates with the Lifestyle team to conduct interviews with notable artists and write workplace culture features. ... Read More
