The Indian Constitution was not created entirely from scratch.
The framers studied constitutional systems from different countries and adapted useful features to suit Indian conditions, historical experiences and constitutional objectives.
The Constitution also draws extensively from India's own constitutional development, particularly the Government of India Act, 1935.
The important sources can therefore be broadly divided into:
The Government of India Act, 1935 was the most important single source of many administrative and federal provisions of the Indian Constitution.
Important features influenced by the Act include:
However, the Constitution did not simply reproduce the 1935 Act. Its provisions were adapted within a democratic and republican constitutional framework.
The British constitutional system influenced several features of India's parliamentary system.
Important influences include:
India adapted these features to a written and supreme Constitution.
Important constitutional ideas were influenced by the United States Constitution.
These include:
India, however, developed its own model rather than copying the American system.
The Irish Constitution influenced:
The most important influence is the Directive Principles of State Policy (DPSP).
The Canadian constitutional system influenced India's federal structure in several respects.
Important features include:
This influence is particularly relevant to understanding why Indian federalism has a strong Union.
The Australian Constitution influenced:
India adopted these ideas in a modified form suited to its circumstances.
The Weimar Constitution of Germany influenced the Indian Constitution's emergency-related provisions.
The important influence is:
The Indian Constitution subsequently developed its own detailed emergency framework.
The Soviet constitutional system influenced certain ideas concerning:
The Fundamental Duties were added to the Indian Constitution through the 42nd Constitutional Amendment Act, 1976.
The amendment was influenced by the Soviet constitutional model.
The French constitutional tradition influenced the ideals expressed in the Preamble, particularly:
These ideals are associated with the French constitutional and republican tradition.
South Africa influenced:
The Indian Constitution adopted a complex amendment mechanism rather than a completely rigid or flexible model.
Japan influenced the phrase:
"Procedure established by law"
This expression appears in Article 21? No.
The correct constitutional provision is Article 21?
The phrase "procedure established by law" appears in Article 21, which protects life and personal liberty.
The phrase was influenced by the Japanese Constitution.
The Supreme Court has subsequently interpreted Article 21 broadly, particularly through cases such as Maneka Gandhi v. Union of India (1978).
| Source | Major Features Borrowed/Influenced |
|---|---|
| Government of India Act, 1935 | Federal scheme, Governor, PSCs, emergency provisions, administrative framework |
| UK | Parliamentary government, Cabinet system, Rule of Law, parliamentary privileges, Speaker |
| USA | Fundamental Rights, Judicial Review, independent judiciary, impeachment, Vice-President |
| Ireland | DPSP, Presidential election method, Rajya Sabha nominations |
| Canada | Strong Centre, residuary powers, Governors, advisory jurisdiction |
| Australia | Concurrent List, trade and commerce, joint sitting |
| Germany | Emergency-related provisions |
| USSR | Fundamental Duties, social justice ideals |
| France | Liberty, Equality, Fraternity |
| South Africa | Constitutional amendment procedure, Rajya Sabha election |
| Japan | Procedure established by law |
The Indian Constitution is sometimes described as a Constitution containing borrowed features.
However, "borrowed" does not mean copied without modification.
The Constituent Assembly studied different constitutional experiences and adapted them to Indian circumstances.
Therefore, the Indian Constitution represents a process of:
Study → Selection → Adaptation → Constitutional integration
The framers had several reasons:
Other countries had already experimented with different forms of government.
India could learn from both the successes and failures of other constitutional systems.
Foreign principles were modified according to India's:
Existing Indian constitutional and administrative institutions provided practical experience for the new constitutional framework.
Government of India Act, 1935 → Federal scheme, Governor, Public Service Commissions, emergency provisions
UK → Parliamentary system, Rule of Law, Cabinet system
USA → Fundamental Rights, Judicial Review, independent judiciary
Ireland → Directive Principles of State Policy
Canada → Strong Centre, residuary powers
Australia → Concurrent List, joint sitting
Germany → Emergency provisions
USSR → Fundamental Duties
France → Liberty, Equality, Fraternity
South Africa → Amendment procedure
Japan → Procedure established by law
The topic can be analysed through:
The Indian Constitution reflects extensive comparative constitutional learning, but its character cannot be reduced to a collection of borrowed provisions. The framers selected, modified and integrated ideas from different constitutional traditions to create a framework suited to India's democratic, federal and transformative objectives.
1935 Act → Administrative and federal framework
UK → Parliamentary government
USA → Rights + Judicial Review
Ireland → DPSP
Canada → Strong Centre
Australia → Concurrent List
Germany → Emergency
USSR → Fundamental Duties
France → Liberty + Equality + Fraternity
South Africa → Amendment
Japan → Procedure established by law
