Sources of the Indian Constitution
The constitution of India has be derived from various sources. These sources are briefly explained herein.
The Liberation Movement
The Indian national liberation movement against the British colonial rue was governed by certain ideal and values. Its main aim was freedom of India. But at the same time several values and objectives were adopted for guiding the freedom struggle. These were Nation unity, Diversity, Secularism, Liberty, justice, Rule of Law. The ideals guided the path of our constitution makers.
Foreign Constitution
The makers of the Indian constitution were greatly influenced by several constitution which were at work in other democratic states of the world. The makes tried to import the best features from those constitutions into the Indian Constitution.
The system of parliamentary democracy and bicameral legislature was adopted from the constitution of uk.
The US constitution became the source of Fundamental Rights.
Independence of the judiciary came from the Irish constitution.
Form the Canadian and Australian constitution came the division of powers.
The inspiration fror the emergency powers came from the German constitution.
Government of India Act, 1935
When the constituent Assembly began its work, the government of India was working under the provisions of the Act of 1935. Naturally, this act influenced the constitution makers both positively and negatively. Negatively because they decided to eliminate the half-hearted democratic system that this Act had introduced. And positively because they decided to lay down the division of power between the state and the center
Draft Constitution
The Drafting Committee, acting under the Chairmanship of Dr Ambedkar, did a commendable job in preparing the draft of the constitution. On 21st February 1948, the Constituent Assembly began a debate over the first draft prepared by the Drafting Committee. on 4t November, 1948 the final was submitted to the constituent Assembly. after long discussion and debates, the Assembly finally enacted and adopted the constitution on 26th November, 1949. The Draft Constitution as such constitutions as source of the constitution.
