The Indian Constitution is:
A selective synthesis of constitutional features drawn from the Government of India Act, 1935 and several foreign constitutional systems.
The Constituent Assembly:
Borrowed, adapted and modified features according to Indian conditions.
Therefore:
Borrowed feature ≠ copied Constitution.
| Source | Feature to Remember |
|---|---|
| Government of India Act, 1935 | Federal scheme, Governor, PSCs, emergency provisions, legislative lists, administrative machinery |
| UK | Parliamentary government, Cabinet system, rule of law, parliamentary privileges, Speaker, single citizenship, legislative procedure |
| USA | Fundamental Rights, judicial review, independent judiciary, impeachment, removal of judges, Vice-President |
| Ireland | DPSP, method of election of President, Rajya Sabha nominations |
| Canada | Strong Centre, residuary powers, Governors appointed by Centre, advisory jurisdiction |
| Australia | Concurrent List, freedom of trade/commerce/intercourse, joint sitting |
| Germany/Weimar | Emergency provisions |
| USSR | Fundamental Duties |
| France | Liberty, Equality, Fraternity, republican ideals |
| South Africa | Constitutional amendment procedure, Rajya Sabha STV |
| Japan | Procedure established by law |
It was the most important structural and administrative source of the Constitution.
❌ "The Constitution borrowed its federal structure only from Canada."
✅ The Government of India Act, 1935 was a major structural source; Canadian influence was especially important for the strong-Centre model.
❌ "The federation under the 1935 Act was implemented."
✅ The proposed All-India Federation never came into operation.
❌ "The 1935 Act introduced universal adult franchise."
✅ Franchise remained limited.
❌ "The 1935 Act created India's Supreme Court."
✅ It established the Federal Court, in 1937.
❌ "The 1935 Act completely abolished dyarchy."
✅ It abolished dyarchy in the provinces but proposed dyarchy at the Centre.
UK → Parliamentary system.
❌ Fundamental Rights → UK.
✅ Fundamental Rights → U.S. constitutional influence.
❌ Parliamentary sovereignty → India.
✅ India follows constitutional supremacy.
❌ British Constitution is entirely unwritten.
✅ It is better described as uncodified; many constitutional rules are written in statutes.
USA → Rights + Judicial Review.
❌ India adopted the U.S. presidential system.
✅ India adopted selected constitutional features, while retaining parliamentary government.
❌ India adopted rigid U.S.-style separation of powers.
✅ India follows functional separation with considerable executive-legislative overlap.
❌ Basic Structure doctrine was borrowed from the U.S.
✅ It was developed by the Indian Supreme Court.
Ireland → DPSP.
❌ Fundamental Duties → Ireland.
✅ Fundamental Duties → Soviet influence.
❌ DPSP → USA.
✅ DPSP → Ireland.
❌ Rajya Sabha nominated members → UK.
✅ Irish influence.
Canada → Strong Centre.
❌ Residuary powers → States.
✅ Residuary legislative powers → Parliament.
❌ Canadian influence = Parliamentary system.
✅ Parliamentary government is principally associated with British influence.
❌ India is a federation of sovereign States like the U.S.
✅ Article 1 describes India as a "Union of States."
Australia → Concurrent List + Joint Sitting + Trade.
❌ Concurrent List → Canada.
✅ Concurrent List → Australia.
❌ Joint sitting → UK.
✅ Australian influence.
❌ Indian joint sitting is identical to Australia's constitutional mechanism.
✅ India has Article 108; it does not have Australia's double-dissolution mechanism.
Germany → Emergency.
Emergency provisions.
❌ Emergency provisions → South Africa.
✅ Germany/Weimar influence.
❌ Article 356 is a direct copy of Weimar Article 48.
✅ Weimar influenced the broader emergency idea; India's Articles 352–360 constitute an Indian constitutional framework.
USSR → Fundamental Duties.
❌ DPSP → USSR.
✅ DPSP → Ireland.
❌ Fundamental Duties were part of the original Constitution.
✅ Added by the 42nd Amendment in 1976.
❌ India adopted the Soviet political system along with Fundamental Duties.
✅ India retained parliamentary democracy, elections, Fundamental Rights and judicial review.
France → Liberty + Equality + Fraternity.
❌ India borrowed France's semi-presidential system.
✅ India adopted constitutional ideals, not the French governmental structure.
❌ Liberty, Equality and Fraternity → Ireland.
✅ French constitutional/revolutionary influence.
❌ French influence means India's secularism is identical to French laïcité.
✅ Indian secularism is a distinct constitutional model.
South Africa → Amendment + STV.
❌ Fundamental Rights → South Africa.
✅ Fundamental Rights → U.S. influence.
❌ Emergency provisions → South Africa.
✅ Emergency → Germany/Weimar.
❌ Rajya Sabha members are elected by first-past-the-post.
✅ Elected members of State Legislative Assemblies elect Rajya Sabha members through proportional representation by means of STV.
Japan → Procedure established by law.
Article 21's "procedure established by law."
❌ India adopted "due process of law" from the U.S.
✅ The original Article 21 uses "procedure established by law", influenced by Japan.
❌ The phrase means courts cannot examine fairness.
✅ After Maneka Gandhi, Article 21 requires fair, just and reasonable procedure.
GOI Act, 1935 → Structure.
UK → Parliament.
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 + STV.
Japan → Procedure established by law.
UK.
UK.
UK.
UK.
UK.
USA.
USA.
USA.
USA.
USA.
Ireland.
Ireland.
Ireland.
Canada.
Canada.
Canada.
Canada.
Australia.
Australia.
Australia.
Germany.
USSR.
France.
France.
France.
France.
South Africa.
South Africa.
Japan.
Which of the following is incorrectly matched?
A. Ireland — DPSP
B. USA — Judicial Review
C. Australia — Concurrent List
D. USSR — DPSP
✅ Answer:
D.
Which source is associated with:
Residuary legislative powers?
✅ Canada.
Which source is associated with:
Fundamental Duties?
✅ USSR.
Which source is associated with:
Procedure established by law?
✅ Japan.
Which source influenced:
Joint sitting of Parliament?
✅ Australia.
Which source influenced:
Nominated members of Rajya Sabha?
✅ Ireland.
Which source influenced:
Constitutional amendment procedure?
✅ South Africa.
Which source influenced:
Emergency provisions?
✅ Germany/Weimar.
Which source influenced:
Liberty, Equality and Fraternity?
✅ France.
Which source influenced:
Strong Centre?
✅ Canada.
UPSC may test:
Whether a feature came from a foreign Constitution or from the Government of India Act, 1935.
Important:
The 1935 Act was a major source of India's administrative and structural provisions.
Do not assume:
One Indian constitutional feature = one foreign source only.
For example:
Indian federalism reflects GOI Act 1935 + Canadian influence + Indian adaptation.
Correct conceptual statement:
India borrowed constitutional ideas but redesigned them within an Indian constitutional framework.
UK influence:
Parliamentary government.
Indian adaptation:
Parliamentary republic under a written Constitution.
U.S. influence:
Constitutional judicial review.
Indian adaptation:
Judicial review + Basic Structure doctrine.
German influence:
Emergency authority.
Indian adaptation:
Articles 352–360 + post-1975 safeguards.
Japanese influence:
Phrase.
Indian adaptation:
Maneka Gandhi + Article 14/19/21.
Soviet influence:
Citizen duties.
Indian adaptation:
Article 51A within a democratic constitutional order.
"UK USA Ireland Canada Australia Germany USSR France South Africa Japan"
Remember the chain:
Parliament → Rights → DPSP → Strong Centre → Concurrent → Emergency → Duties → Ideals → Amendment → Procedure
UK – USA – Ireland – Canada – Australia – Germany – USSR – France – South Africa – Japan
=>
Parliament – Rights – DPSP – Centre – Concurrent – Emergency – Duties – Ideals – Amendment – Procedure
When a question asks:
"Which of the following features was borrowed from X?"
First identify:
The source.
Then check:
Whether India adopted it exactly or adapted it.
The safest UPSC approach is:
Source + exact feature + Indian adaptation.
"The Indian Constitution is not a compilation of foreign copies; it is a constitutional synthesis in which internationally tested ideas were selectively borrowed, modified and integrated to address India's unique problems of democracy, diversity, inequality, federalism and national unity."
