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Question

Indian parliamentary and legal systems are based on:

The correct answer is

(3) British Model

Understanding the Basis of Indian Parliamentary and Legal Systems

The question asks about the foundational model for India's parliamentary and legal systems. India, being a former British colony, significantly adopted structures and principles from the British political and legal framework.

Let's examine the options:

  • French Model: France has a semi-presidential system, different from India's parliamentary democracy. While concepts like 'Liberty, Equality, Fraternity' from the French Revolution influenced Indian thought, the core governmental and legal structure is not based on the French model.
  • Canadian Model: Canada is also a parliamentary democracy within the Commonwealth, and India did borrow certain features from the Canadian constitution, such as the federal system with a strong centre (quasi-federal structure) and the concept of Residuary powers vesting with the Centre. However, the fundamental parliamentary and legal framework is primarily from Britain.
  • British Model: The United Kingdom has a parliamentary system where the executive is responsible to the legislature. This is the core principle adopted by India. Key aspects of the Indian parliamentary system like the Westminster model, the role of the Speaker, parliamentary privileges, and the concept of Rule of Law in the legal system are direct influences of the British Model.
  • Australian Model: Australia also has a parliamentary system. India borrowed concepts like the Concurrent List from the Australian constitution. However, similar to Canada, the primary model for the parliamentary and legal system originates from Britain.

Therefore, the Indian parliamentary system and legal system are predominantly based on the British Model. This influence is visible in several aspects:

  • Parliamentary Form of Government: India follows the Westminster model.
  • Rule of Law: A fundamental principle borrowed from A.V. Dicey's concept in Britain.
  • Legislative Procedures: Many procedures in the Indian Parliament are similar to those in the British Parliament.
  • Single Citizenship: Unlike some federal systems (like the USA), India has a single citizenship, a feature inspired by Britain.
  • Cabinet System: The structure and functioning of the Cabinet are largely based on the British system.
  • Writs: The concept of writs (like Habeas Corpus, Mandamus, etc.) is derived from English law.
Influences on the Indian Constitution
Source Country Key Features Adopted
Britain Parliamentary government, Rule of Law, legislative procedure, single citizenship, Cabinet system, Writs
Canada Federation with strong Centre, residuary powers with Centre
Australia Concurrent List, freedom of trade and commerce, joint sitting of Parliament
USA Fundamental Rights, independent judiciary, judicial review, impeachment of President
Ireland Directive Principles of State Policy, method of election of President

While India's constitution is a blend of various sources, the foundational structure and many core principles of its parliamentary democracy and legal system are deeply rooted in the British Model.

Revision Table: Indian Constitution Sources

Reviewing the sources of the Indian Constitution helps understand the specific influences:

  • Government of India Act, 1935: Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency provisions, administrative details. (This Act itself was a product of British legislation).
  • British Constitution: Parliamentary government, Rule of Law, legislative procedure, single citizenship, Cabinet system, prerogative writs, parliamentary privileges, bicameralism.
  • Other Constitutions: As noted in the table above, features were also borrowed from countries like Canada, Australia, USA, Ireland, etc.

Additional Information: Evolution of Indian Systems

The Indian parliamentary and legal systems, while based on the British model, have evolved significantly over time to suit India's unique needs and context. The system has been adapted through constitutional amendments, judicial interpretations, and political practice. For example, the Indian judiciary, with its power of judicial review (borrowed from the US constitution) and Public Interest Litigation (PIL), has developed uniquely compared to its British counterpart.

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Important Questions from Social Change and the Polity

  1. In which year did the first Backward Classes Commission headed by Kaka Kalelkar submit its report ?

  2. What was the opinion of Dr. B.R. Ambedkar about local self-government during the drafting of the Constitution ?

  3. Which of the following statements about Communalism are correct?

    (A) Communal means something related to a community.

    (B) Communalism is about religion, not politics.

    (C) A devout believer may or may not be communal.

    (D) Communalism results in constructing identity of large and diverse groups as singular and homogeneous.

    Choose the correct answer from the options given below:

  4. Which of the following are true about Gram Sabha in Panchayati Raj?
    (A) The Gram Sabha collects central taxes from the village.
    (B) The Gram Sabha consists of the entire body of citizens in a village.
    (C) The Gram Sabha is the general body that elects the local government.
    (D) The Gram Sabha participates in village-level development activities.
    Choose the correct answer from the options given below:

  5. How did the Supreme Court enhance Fundamental Rights, particularly relating to the Right to Life under Article 21?

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