Sources of the Indian Constitution (Features Borrowed from Other Constitutions)
Indian Polity › Historical Background · Topic 1.16
The Indian Constitution drew its structure largely from the Government of India Act, 1935, its Fundamental Rights from the American Constitution, its Directive Principles from the Irish Constitution and its cabinet system from the British Constitution, with features from several other countries.
9 min read · UPSC Prelims · Polity · Making of the Constitution
At a Glance
- What it is The sources from which the framers drew the features of the Indian Constitution
- Structural part Largely from the Government of India Act of 1935
- Philosophical part Fundamental Rights from the American Constitution; Directive Principles from the Irish Constitution
- Political part Cabinet government and the relations between the Executive and the Legislature from the British Constitution
- Other sources Canada, Australia, Germany, the USSR (now Russia), France, South Africa and Japan
- Most profound influence The Government of India Act, 1935
- Exam link UPSC Prelims, Polity: Making of the Constitution
Where Does It Fit?
This topic closes the story of the making of the Constitution. After seeing how the Constitution was framed, passed and brought into force, we look at where its provisions came from.
From Where Did the Constitution Borrow?
The Constitution of India has borrowed most of its provisions from the Constitutions of various other countries and from the Government of India Act of 1935. Dr. B.R. Ambedkar proudly said that the Constitution was framed after “ransacking all the known Constitutions of the World”.
- The structural part is, to a large extent, derived from the Government of India Act of 1935.
- The philosophical part, the Fundamental Rights and the Directive Principles of State Policy, draws its inspiration from the American and Irish Constitutions, respectively.
- The political part, the principle of cabinet government and the relations between the Executive and the Legislature, has largely been drawn from the British Constitution.
- Other provisions have been drawn from the Constitutions of Canada, Australia, Germany, the USSR (now Russia), France, South Africa, Japan and so on.
What Did Each Source Give?
| Source | Features borrowed |
|---|---|
| Government of India Act, 1935 | Federal scheme, office of Governor, judiciary, Public Service Commissions, emergency provisions, advisory jurisdiction of the Supreme Court and administrative details |
| British Constitution | Parliamentary government, rule of law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges and bicameralism |
| US Constitution | Fundamental rights, independence of the judiciary, judicial review, impeachment of the President, removal of Supreme Court and High Court judges and the post of Vice-President |
| Irish Constitution | Directive Principles of State Policy, nomination of members to the Rajya Sabha and the method of election of the President |
| Canadian Constitution | Federation with a strong Centre, vesting of residuary powers in the Centre and appointment of state Governors by the Centre |
| Australian Constitution | Concurrent List, freedom of trade, commerce and intercourse, and the joint sitting of the two Houses of Parliament |
| Weimar Constitution of Germany | Emergency provisions relating to suspension of Fundamental Rights |
| Soviet Constitution (USSR, now Russia) | Fundamental duties and the ideal of justice (social, economic and political) in the Preamble |
| French Constitution | Republic and the ideals of liberty, equality and fraternity in the Preamble |
| South African Constitution | Procedure for amendment of the Constitution and election of members of the Rajya Sabha |
| Japanese Constitution | Procedure established by law |
Why Is the Government of India Act, 1935 the Biggest Source?
The most profound influence and material source of the Constitution is the Government of India Act of 1935. The federal scheme, the judiciary, the Governors, emergency powers, the Public Service Commissions and most of the administrative details are drawn from this Act. More than half of the provisions of the Constitution are identical to, or bear a close resemblance to, the Act of 1935. About 250 provisions of the Act have been included in the Constitution.
What Did the Critics Say?
A borrowed Constitution
The critics said the Indian Constitution contains nothing new or original. They called it a “borrowed Constitution”, a “bag of borrowings”, a “hotch-potch Constitution” or a “patchwork” of several documents of the world’s constitutions. This criticism is unfair and illogical, because the framers made the necessary modifications in the features they borrowed, to suit Indian conditions, while avoiding their faults.
Answering this criticism in the Constituent Assembly, Dr. B.R. Ambedkar said that, more than a hundred years after the first written Constitution, what the scope of a Constitution should be and what its fundamentals are had long been settled, so all Constitutions must look similar in their main provisions. The only new things in a Constitution framed so late are the variations made to remove faults and to meet the needs of the country. The charge of a blind copy, he said, rests on an inadequate study of the Constitution.
A carbon copy of the 1935 Act
The critics said the framers had included a large number of provisions of the Government of India Act of 1935, and so called the Constitution a “carbon copy” or an “amended version” of the 1935 Act. N. Srinivasan said it was in language and substance a close copy of the Act. Sir Ivor Jennings said that the Constitution derives directly from the Act, from which many provisions were copied almost textually. P.R. Deshmukh, a member of the Constituent Assembly, said the Constitution was essentially the 1935 Act with only adult franchise added.
Dr. Ambedkar replied that he made no apologies for it, that there was nothing to be ashamed of in borrowing, that it involved no plagiarism, and that nobody holds patent rights in the fundamental ideas of a Constitution. What he was sorry about, he said, was that the provisions taken from the 1935 Act relate mostly to the details of administration.
Why Is This Topic Important?
- Feature and source pairs: Each borrowed feature has a named source, and these pairs are worth learning exactly.
- The 1935 Act’s weight: It is the most profound influence, with about 250 provisions in the Constitution.
- Adaptation, not copying: The framers modified the borrowed features to suit Indian conditions and to avoid their faults.
How Do the Sources Compare by Part of the Constitution?
| Part of the Constitution | Main source |
|---|---|
| Structural part | Government of India Act, 1935 |
| Fundamental Rights | American Constitution |
| Directive Principles of State Policy | Irish Constitution |
| Cabinet government; Executive and Legislature | British Constitution |
| Federation with a strong Centre; residuary powers | Canadian Constitution |
| Concurrent List | Australian Constitution |
| Fundamental duties | Soviet Constitution |
What Came Next?
With the sources identified, the study of the Constitution moves on to its features and parts. The Constitution, as adopted in 1949, had a Preamble, 395 Articles in 22 Parts and 8 Schedules, and it has grown since.
Key People and Terms
- Dr. B.R. Ambedkar Said the Constitution was framed after “ransacking all the known Constitutions of the World”, and answered the critics of borrowing
- Government of India Act, 1935 The most profound influence and material source of the Constitution
- Carbon copy The critics’ name for the Constitution’s closeness to the 1935 Act
- Prerogative writs Court orders of the British legal tradition, borrowed from the British Constitution
- Procedure established by law The phrase borrowed from the Japanese Constitution
- Weimar Constitution The German source for suspending Fundamental Rights in an emergency
- Ivor Jennings and N. Srinivasan Critics who said the Constitution copied the 1935 Act
Exam Corner
Points to Remember
- Structure: Government of India Act, 1935. Philosophy: American (Fundamental Rights) and Irish (Directive Principles). Politics: British.
- US: fundamental rights, judicial review, independence of the judiciary, impeachment of the President, removal of judges, Vice-President.
- Britain: parliamentary government, rule of law, single citizenship, cabinet system, prerogative writs, privileges, bicameralism.
- Ireland: Directive Principles, nomination to the Rajya Sabha, method of election of the President.
- Canada: federation with a strong Centre, residuary powers with the Centre, Governors appointed by the Centre.
- Australia: Concurrent List, freedom of trade and commerce, joint sitting of Parliament.
- Weimar: emergency suspension of Fundamental Rights. USSR: fundamental duties and the justice ideal. France: republic, liberty, equality, fraternity. South Africa: amendment procedure and election of Rajya Sabha members. Japan: procedure established by law.
Do Not Confuse With
- Emergency provisions: the Government of India Act, 1935 gave the emergency provisions. The Weimar Constitution gave the suspension of Fundamental Rights during an emergency.
- Rajya Sabha: nomination of members comes from Ireland. Election of members comes from South Africa. The joint sitting comes from Australia.
- Directive Principles and Fundamental Duties: the first came from Ireland, and the second from the USSR (now Russia).
- Residuary powers and Concurrent List: residuary powers with the Centre came from Canada. The Concurrent List came from Australia.
Memory Hook
Parts by source: structure from 1935, rights from America, Directive Principles from Ireland, cabinet from Britain.
Mains Angle
This is the topic on which the borrowing charge is made and answered. Use these points to add depth.
- A three-part picture: The structure comes largely from the 1935 Act, the philosophy from the American and Irish Constitutions, and the politics from the British Constitution, with further provisions from several other countries.
- The weight of the 1935 Act: The most profound influence and material source of the Constitution; more than half of its provisions are identical or close to it, and about 250 provisions of the Act are in it.
- The charge: Critics called the Constitution a borrowed, patchwork Constitution and a carbon copy of the 1935 Act.
- The reply: The framers modified the borrowed features to suit Indian conditions and to avoid their faults. Ambedkar said that all Constitutions look alike in their main provisions, that borrowing involves no plagiarism, and that the new things in a Constitution framed so late are the variations to remove faults and meet the country’s needs.
- What he regretted: Ambedkar said he was sorry only that the provisions taken from the 1935 Act relate mostly to the details of administration.
A Question You May Face
An original practice question, not a past paper question.
“The Indian Constitution is often called a borrowed Constitution. Examine the sources of its provisions and the answer to this criticism.”
How to Answer
- Introduction: Ambedkar said the Constitution was framed after ransacking all the known Constitutions of the world.
- Sources: the structural part from the 1935 Act; the philosophical part from the American and Irish Constitutions; the political part from Britain; and features from Canada, Australia, Germany, the USSR, France, South Africa and Japan.
- The criticism: a borrowed Constitution, a hotch-potch, a carbon copy of the 1935 Act.
- The reply and conclusion: The framers made modifications to suit Indian conditions and avoid faults, and Ambedkar said there is nothing to be ashamed of in borrowing.
GS Relevance
Frequently Asked Questions
What are the sources of the Indian Constitution?
The Indian Constitution draws on the Government of India Act of 1935 for its structure, the American and Irish Constitutions for its philosophy, and the British Constitution for its politics. It also took features from Canada, Australia, Germany, the USSR, France, South Africa and Japan.
What is the biggest source of the Indian Constitution?
The most profound influence and material source is the Government of India Act of 1935. The federal scheme, judiciary, Governors, emergency powers and Public Service Commissions come from it, and about 250 of its provisions are in the Constitution.
What did India borrow from the American Constitution?
India borrowed fundamental rights, independence of the judiciary, judicial review, impeachment of the President, the removal of Supreme Court and High Court judges and the post of Vice-President from the American Constitution. The American Constitution originally consisted of only seven Articles.
What did India borrow from the British Constitution?
From the British Constitution, India borrowed parliamentary government, the rule of law, legislative procedure, single citizenship, the cabinet system, prerogative writs, parliamentary privileges and bicameralism. The cabinet system and the relations between the Executive and Legislature are its main contribution.
Which features came from the Irish, Canadian and Australian Constitutions?
From Ireland came the Directive Principles, nomination to the Rajya Sabha and the method of electing the President. From Canada came a federation with a strong Centre, residuary powers and Governors appointed by the Centre. From Australia came the Concurrent List and joint sittings.
Which Constitution gave India the Fundamental Duties?
The Fundamental Duties and the ideal of justice, social, economic and political, in the Preamble were borrowed from the Soviet Constitution of the USSR, now Russia. The Directive Principles came from Ireland, and the Fundamental Rights from the United States.
Why is the Indian Constitution called a borrowed Constitution?
Critics called it a borrowed Constitution, a bag of borrowings or a patchwork, because many of its features come from other constitutions. The reply is that the framers modified the borrowed features to suit Indian conditions, while avoiding their faults.
What did Dr. Ambedkar say about borrowing from the 1935 Act?
Dr. Ambedkar told the Constituent Assembly that he made no apologies for it, that there was nothing to be ashamed of in borrowing, and that it involved no plagiarism. He regretted only that the borrowed provisions related mostly to the details of administration.
PYQ Practice — Statement Analysis
1 The Directive Principles of State Policy in the Indian Constitution were borrowed from the Irish Constitution.
The method of election of the President and the nomination of members to the Rajya Sabha also came from Ireland.
2 The Fundamental Rights in the Indian Constitution were borrowed from the British Constitution.
They were borrowed from the American Constitution, which also gave judicial review and the post of Vice-President.
3 The Concurrent List in the Indian Constitution was borrowed from the Australian Constitution.
Australia also gave freedom of trade, commerce and intercourse and the joint sitting of the two Houses of Parliament.
4 The idea of residuary powers with the Centre was borrowed from the Canadian Constitution.
Canada also gave the idea of a federation with a strong Centre and the appointment of state Governors by the Centre.
5 The Fundamental Duties in the Indian Constitution were borrowed from the American Constitution.
They were borrowed from the Soviet Constitution (USSR, now Russia), which also gave the ideal of justice in the Preamble.
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