The Indian Constitution was not created entirely from scratch.
The Constitution-makers studied constitutional systems from several countries and adapted useful features to Indian conditions.
They also drew extensively from:
Therefore, the Indian Constitution is often described as a blend of borrowed features and original adaptations.
The important principle is:
Borrowed idea ≠ copied Constitution
The Constitution-makers adapted foreign institutions to India's political, social and administrative circumstances.
The Government of India Act, 1935 was the most important source of the Indian Constitution in terms of institutional and administrative provisions.
Important features influenced by the Act include:
The Constitution-makers modified these provisions to suit an independent democratic republic.
The British constitutional system influenced several major features.
Important features include:
UK → Parliamentary System
The United States Constitution influenced several important constitutional ideas.
Important features include:
USA → Fundamental Rights + Judicial Review
The Irish Constitution influenced the Directive Principles of State Policy.
Important features include:
Ireland → DPSP
Canada influenced the Indian federal structure in several ways.
Important features include:
Canada → Strong Centre
The Australian Constitution influenced:
Australia → Concurrent List + Trade and Commerce
The Weimar Constitution of Germany influenced India's emergency provisions.
Important idea:
Germany → Emergency provisions
The Indian Constitution, however, established its own constitutional conditions and safeguards.
The Soviet constitutional system influenced certain ideas relating to social and economic justice.
Important influence:
The Fundamental Duties were added to the Indian Constitution later through the 42nd Constitutional Amendment Act, 1976.
USSR → Fundamental Duties
The French constitutional tradition influenced the ideals expressed in the Preamble.
Important ideals include:
France → Liberty, Equality, Fraternity + Republic
South Africa influenced certain constitutional procedures.
Important features include:
South Africa → Constitutional Amendment + Rajya Sabha elections
Japan influenced the wording concerning:
"Procedure established by law"
This expression is associated with Article 21.
The phrase differs from the American concept of "due process of law".
Japan → Procedure established by law
The Constitution also reflects India's own historical and political experience.
Important sources include:
These Indian sources were particularly important in developing ideas concerning:
| Source | Major Features Influenced |
|---|---|
| Government of India Act, 1935 | Federal scheme, Governor, Public Service Commissions, emergency provisions, administration |
| UK | Parliamentary system, Cabinet system, Rule of Law, parliamentary privileges, single citizenship |
| USA | Fundamental Rights, judicial review, independent judiciary, impeachment |
| Ireland | DPSP, Presidential election method, Rajya Sabha nominations |
| Canada | Strong Centre, residuary powers, Governor appointment |
| Australia | Concurrent List, trade and commerce, joint sitting |
| Germany | Emergency provisions |
| USSR | Fundamental Duties, social and economic justice |
| France | Liberty, Equality, Fraternity, Republic |
| South Africa | Constitutional amendment, Rajya Sabha election |
| Japan | Procedure established by law |
Several source-feature pairs are frequently confused.
USA
Not Ireland.
Ireland
Not USSR.
USSR
Not France.
Australia
Not Canada.
Canada
Not USA.
Japan
Not USA.
UK
Not USA.
Germany
The Constitution-makers did not simply copy foreign constitutions.
They examined existing constitutional systems and selected provisions that could be adapted to Indian conditions.
For example:
Adapted to operate under:
Adapted within:
Adapted to India's:
Thus, borrowing was accompanied by constitutional adaptation.
The framers could learn from existing constitutional systems.
Existing models provided tested institutional mechanisms.
Certain foreign ideas were considered suitable for India's circumstances.
The Government of India Act, 1935 provided an existing administrative framework that could be modified rather than completely discarded.
Foreign constitutional ideas provided useful tools for:
Critics have sometimes described the Constitution as a:
"Bag of Borrowings"
The criticism is that many provisions were influenced by foreign constitutions.
However, this criticism has limitations.
The Constitution-makers:
Therefore, the Indian Constitution is better understood as a synthesis rather than a compilation.
Several important constitutional ideas were shaped by India's own political experience.
The freedom movement contributed to:
The Objectives Resolution and Constituent Assembly debates were especially important in giving the Constitution its Indian constitutional philosophy.
The Indian Constitution can therefore be viewed as:
Foreign constitutional experience
British Indian administrative experience
Indian freedom movement
Constituent Assembly deliberation
=
Indian Constitutional System
This explains why the Constitution combines features that originated in different constitutional traditions.
Remember these high-value pairs:
UK → Parliamentary Government
USA → Fundamental Rights + Judicial Review
Ireland → DPSP
Canada → Strong Centre
Australia → Concurrent List
Germany → Emergency
USSR → Fundamental Duties
France → Liberty, Equality, Fraternity
South Africa → Amendment Procedure
Japan → Procedure Established by Law
Government of India Act, 1935 → Major administrative and federal source
The sources of the Constitution can be analysed through:
The Indian Constitution reflects extensive comparative constitutional learning, but its character cannot be reduced to mere borrowing. The Constitution-makers selectively adapted foreign principles, retained useful elements of colonial administration and incorporated the aspirations of India's freedom movement. The result was a distinct constitutional framework designed for India's democratic, federal and socially transformative needs.
1935 Act → Administrative + Federal framework
UK → Parliamentary
USA → Fundamental 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
The Indian Constitution is a synthesis of global constitutional experience, colonial administrative legacy and India's own democratic and freedom-movement aspirations.
