Features taken from other Countries in Indian Constitution
India has adopted for the federal form of government due its large size and socio cultural diversities, but the word federal does not find mention in the constitution. Instead, article 1, declares 'India', that is Bharat, shall be a union of states. Features taken from other Countries in Indian Constitution are as follows.
Government of India Act 1935
1. Separation of Powers
This Act divided powers between the central and state governments. This idea is reflected in the inclusion of three lists of powers in the Seventh Schedule of the Constitution of India: the Union List, the State List, and the Concurrent List.
2. Office of the Governor
The 1935 Act vested all executive powers of the province in the Governor. The provisions relating to the position of Governor in the Constitution of India are adopted from the 1935 Act.
3. Power of federal judiciary
The 1935 Act established a federal court. This served as a model for the structure and functioning of the Supreme Court during the framing of the Indian Constitution.
4. Emergency power
The provisions for emergency powers to be exercised by the Central Government were included in the 1935 Act. This concept has been incorporated into the Constitution of India.
5. Public Service Commissions
The concept of 'Public Service Commissions' for the selection of officials was included in the 1935 Act. This was also adopted in the Indian Constitution. That is, Public Service Commissions have been established in India at the Centre and in the states on the British model (the first form of the Central Public Service Commission was established in India in 1926).
6. Bicameral Legislature
The 1935 Act provided for a bicameral legislature at the Centre and in some provinces. This would lead to the formation of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People) in the Indian Parliament. Some states also have bicameral legislatures (Legislative Assembly and Legislative Council).
The Britain
1. Law making procedure
In India, the legislative process begins with the introduction of a bill in either house of Parliament (Lok Sabha or Rajya Sabha). It then goes through the stages of debate, scrutiny, and voting. Finally, it is approved by the President with his assent. A similar process is followed in the states.
2. Rule of Law
The rule of law is a political and legal ideal in which all individuals and institutions in a country are subject to the same laws. The Constitution of India is the supreme law of the land. All actions of the government (legislative, executive, and judicial) must be consistent with it.
3. Provisions of Single Citizenship
India has a system of single citizenship. That is, all citizens are citizens of India, regardless of their place of residence or birth, and they owe allegiance to the Indian Union.
4. Parliamentary Government
A parliamentary government is a democratic system in which the executive branch is responsible to the parliament (legislative assembly), which is formed by the party or coalition of parties that holds the majority of seats in parliament.
5. Prerogative writs
Prerogative writs are a type of legal order issued by a court to a government agency, officer or another court to compel it to take action that it should have taken or to prevent its inaction. It is an extraordinary legal remedy to ensure accountability and uphold the rule of law. In India, there are five types of writs for constitutional remedies: Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto. In case of violation of fundamental rights, citizens have the right to file writ petitions in the Supreme Court under Article 32 and in the High Court under Article 226 to establish them.
6. Parliamentary Privileges
Parliamentary privileges are special powers and protections granted to the Houses of Parliament, their committees, members and those involved in the proceedings of Parliament. This ensures the smooth functioning of the legislature. Members are protected from legal proceedings for anything said or voted in Parliament or its committees. Article 105 of the Constitution of India deals with this.
7. Pleasure Doctrine
A civil servant holds office at the pleasure of the President (for Union services) or the Governor (for State services). This implies the power to terminate their employment without assigning any reason or giving any prior notice. Article 310 of the Constitution states that every person serving the Union or a State holds office 'at the pleasure of the President' or 'at the pleasure of the Governor' respectively.
8. Institution of Prime Minister and Speaker and their roles
The positions of Prime Minister and Speaker have also been modeled after Britain. The Prime Minister presides over the Cabinet meeting and the Speaker presides over the Legislative Assembly. The Prime Minister is usually the Leader of the House. The Prime Minister is the government's chief spokesperson in Parliament and plays a crucial role in policy formulation and legislation.
9. More powers for the lower house
10. A head of state with nominal power
The Indian President has symbolic powers like the British monarch. The President acts on the advice of the Council of Ministers. This arrangement is also based on the British model. The President is the Constitutional Head of the State. However, the functional head is the Prime Minister. It can also be said that the President is the Head of State and the Prime Minister is the Head of Government. The President is the nominal or formal executive head of the country. As the head of the government, the real executive authority is the Prime Minister.
11. Structure of Civil Service
India has modeled its civil service structure on Britain. The civil service of independent India was modeled after the civil service that emerged in India during the British rule. The head of the civil service in the country is the Cabinet Secretary and the head of the civil service in the state is the Chief Secretary.
12. Cabinet System
In a parliamentary democracy, the Cabinet is the highest decision-making body in the government. It consists of the Prime Minister and other senior ministers appointed by the head of state. They are usually appointed by a president or monarch. The entire political system revolves around the Cabinet. India also follows the British system of the Prime Minister presiding over the Cabinet meeting. In India, the real executive power is exercised by the Council of Ministers headed by the Prime Minister.
13. Election Commission
14. Office of the Comptroller and Auditor General (CAG)
India borrowed the concept of the title of Comptroller and Auditor General (CAG) from Britain. The Comptroller and Auditor General (CAG) is responsible for auditing all income and expenditure of the central and state governments, ensuring financial accountability and safeguarding public money.
15. Committee System
A method adopted by legislative bodies, it assigns specific tasks and responsibilities to small groups (committees) to facilitate efficient work and decision-making.
16. Collective responsibility
Collective responsibility means that cabinet members can take decisions for their own departments. Moreover, they are responsible to Parliament for the consequences. In India, Union ministers are individually responsible to the President and collectively to the Lok Sabha.
17. Equality before law
The concept of 'Equality before law', which is included in Article 14, is owed to Britain.
United States of America
1. Independent Judiciary
An independent judiciary means that judges are not subject to pressure, intimidation or interference from the government, political parties or other powerful institutions when making decisions. The judicial system in India is designed in such a way that judges can discharge their duties without fear or favour.
2. Judicial Review
This is the process of subjecting the executive, legislative, or administrative actions of the government to judicial review. This concept owes its origin to the United States.
3. Fundamental Rights
Fundamental rights are the basic and constitutionally guaranteed freedoms and rights that serve as a safeguard for citizens against arbitrary action by the state and ensure their dignity, well-being, and ability to lead a free and just life. The model for fundamental rights in India is taken from the American Constitution. The Indian Constitution includes six fundamental rights in Part III (there were seven fundamental rights at the time of its enactment. Later, in 1978, the right to property was removed from this list).
4. Removal of Supreme & High Court Judges (Impeachment)
The procedure for removing Supreme Court and High Court judges is also borrowed from the American constitution.
5. Preamble
A Preamble is a short introductory statement that explains the aims and purposes of the Constitution. India borrowed the idea of including a Preamble in the Constitution from the American Constitution. The first sentence of the Preamble, which begins with We the People, is similar to the Preamble of the American Constitution. The United States of America was the first country to include a Preamble in its Constitution.
6. Vice President and his Functions
India borrows the post of Vice President from the United States. It is from the United States that the Vice President presides over the Upper House of Parliament.
7. Written Constitution
The idea of a written constitution is owed to America. Britain, to which we owe the majority share of ideas, has an unwritten constitution.
8. Equal Protection of law
The concept of Equal Protection of Law is a feature taken from the constitution of United States. 'Equal Protection of Law' means that all people in similar situations, regardless of background or status, should be treated equally under the law and have equal access to justice and protection.
9. President as Supreme Commander of Armed Forces
The head of state is named the president and the president is empowered as the supreme commander of the armed forces, in imitation of the United States.
10. Removal of President (Impeachment)
Impeachment is the process of removing the president from office if he violates the constitution. The provisions for this are borrowed from the United States.
11. The Supreme Court has the power to interpret the Constitution.
The Supreme Court is the authority for interpreting the Constitution. This is also borrowed from American Constitution.
12. The Rajya Sabha of India is formed following the American Senate.
13. The Indian head of state is named the President, following the American model.
14. The subordinate units of the Indian Union are named 'States', following the American model.
Canada
1. A Quasi Federal form of Government — Federation with a strong centre
In India, the center has more power. In America, states have the power to secede from the federation. This is not possible in India. India owes the idea of a federation with a strong center to Canada. In Canada, states do not have the power to secede. Quasi-federal is the term used by political scientists to describe the system of government in India. This idea is due to Canada. The reason why the Indian system of government is called Quasi-federal or semi-federal is because it is a federal system that has the characteristics of a unitary state.
2. Residuary powers with the central government
Although the powers are divided between the Centre and the States, there may be issues that are not mentioned anywhere. These are called Residuary powers (example - Cyber laws). The Centre has the power to make laws on these. This concept is adopted from Canada. Residuary powers are mentioned in Article 248 of the Constitution.
3. Appointment of State Governors by Center
The provisions regarding the post of Governor have been adopted from the Government of India Act of 1935. However, the method of appointing the Governor by the Centre has been adopted from Canada.
4. Advisory/Review Jurisdiction of the Supreme Court
India has emulated Canada in terms of advisory powers to the Supreme Court. Under this provision, the President can seek the opinion of the Supreme Court on general matters. The Supreme Court can then, after properly studying the case, give suitable advice to the President.
5. Union lists and State lists
6. The idea of 'Union of States'
Ireland
1. Directive Principles of State Policy
India has emulated Ireland in implementing the Directive Principles of National Policy.
2. Method of Presidential Election
The method of electing the president has also been adopted from Ireland.
3. Nomination of members of Rajya Sabha by the President
Ireland is also a model for India in nominating eminent persons from the fields of art, literature, and science to the Rajya Sabha under Article 80.
Germany
1. Suspension of Fundamental Rights during Emergency
Most of the Emergency provisions are borrowed from the Government of India Act, 1935. However, the provisions regarding the abrogation of fundamental rights during a state of emergency are owed to the Weimar Constitution of Germany.
Australia
1. Concurrent list
The idea of a Concurrent List, a list of subjects in which both the Centre and the states have the power to legislate, was borrowed from Australia.
2. Freedom of trade and commerce within the country and between the states
The ideas of freedom of trade and commerce between states within the country, and the power of the center to make laws to implement treaties, have been adopted from Australia.
3. Joint session of Parliament
Australia has also been used as a model for convening a joint session of both houses of parliament.
South Africa
1. Amendment Procedure
The ideas regarding constitutional amendment have been adopted from South Africa.
2. Election of Rajya Sabha members
India has imitated the proportional representation system for electing members to the upper house of parliament from South Africa.
France
1. Republic
The concept of Republic was adopted from France.
2. Liberty, Equality and Fraternity in the Preamble
The concepts of Liberty, Equality and Fraternity mentioned in the Preamble were adopted from France.
Russia
1. Fundamental Duties
The concept of Fundamental Duties was borrowed from the former USSR.
2. Social, Economic, and Political Justice in the Preamble
The concept of justice (Social, Economic, and Political Justice) in the Preamble is inspired by the Russian Revolution and the Constitution of the Soviet Union.
3. Planning and Five Year Plans
Despite its mention in the Constitution, India adopted the concept of the Planning Commission from the former USSR.
Japan
1. Procedures established by Law
The rules governing the Supreme Court of India and the concept of 'procedure established by law' are borrowed from the Japanese Constitution. Procedure established by law means that a law enacted by the legislature or a related body is valid only if the correct procedure for making it has been followed. Japan is another country that has influenced India in terms of fundamental Duties, apart from the USSR.
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