Which of the following features were borrowed by the Constitution of India from the British Constitution? 1. Rule of Law 2. Law-making Procedure 3. Independence of Judiciary 4. Parliamentary System
1, 2 and 4
Understanding Features Borrowed by Indian Constitution
The Constitution of India is a unique document that has been influenced by various constitutions around the world, as well as the Government of India Act, 1935. The framers of the Indian Constitution carefully selected and adapted features from different systems to create a robust framework for governance in India. This question asks about specific features borrowed from the British Constitution.
Analysis of Borrowed Features from the British Constitution
Let's examine each of the listed features to determine which ones were borrowed from the British Constitution:
- Rule of Law: This concept signifies that no one is above the law and that everyone is subject to the ordinary law administered by the ordinary law courts. The idea was popularized by British jurist A.V. Dicey. The Indian Constitution incorporates this principle, although its application has certain nuances compared to the UK. This feature is widely considered to have been borrowed from Britain.
- Law-making Procedure: The procedure for making laws followed in the Indian Parliament is largely based on the system followed in the British Parliament (Westminster model). This includes aspects like the introduction of bills, different readings, committee stages, and assent. This process is a clear borrowing from Britain.
- Independence of Judiciary: While India has an independent judiciary, the concept of judicial independence as enshrined in the Indian Constitution, particularly the power of judicial review and the structure of the Supreme Court, is primarily influenced by the Constitution of the United States of America, not Britain. In Britain, the principle of parliamentary supremacy is dominant, and the judiciary does not have the extensive power of judicial review over legislation that exists in India.
- Parliamentary System: India has adopted a parliamentary form of government, also known as the 'Westminster' model, from Britain. This system features a nominal head (President) and a real executive head (Prime Minister), the council of ministers being collectively responsible to the Lower House (Lok Sabha), membership of the ministers in the legislature, leadership of the Prime Minister, etc. This is a fundamental feature borrowed from Britain.
Summary of Borrowed Features
Based on the analysis, the features borrowed from the British Constitution are:
- Rule of Law
- Law-making Procedure
- Parliamentary System
The Independence of Judiciary, while present in India, is primarily borrowed from the USA Constitution.
Examining the Options
Let's evaluate the given options based on our findings:
- Option 1: 1 and 2 only (Rule of Law and Law-making Procedure) - This is partially correct but misses the Parliamentary System.
- Option 2: 2, 3 and 4 (Law-making Procedure, Independence of Judiciary, and Parliamentary System) - This is incorrect because Independence of Judiciary was borrowed from the USA, not Britain.
- Option 3: 1 and 4 only (Rule of Law and Parliamentary System) - This is partially correct but misses the Law-making Procedure.
- Option 4: 1, 2 and 4 (Rule of Law, Law-making Procedure, and Parliamentary System) - This option includes all the features identified as borrowed from the British Constitution.
Therefore, the correct combination of features borrowed from the British Constitution is 1, 2, and 4.
| Feature | Borrowed From | Notes |
|---|---|---|
| Rule of Law | British Constitution | Concept popularized by A.V. Dicey |
| Law-making Procedure | British Constitution | Procedure in Parliament |
| Independence of Judiciary | USA Constitution | Separate from executive and legislature, judicial review power |
| Parliamentary System | British Constitution | Westminster model of government |
| Single Citizenship | British Constitution | Unlike federal systems with dual citizenship (e.g., USA) |
| Cabinet System | British Constitution | Cabinet acts as the core executive |
| Prerogative Writs | British Constitution | Writs like Habeas Corpus, Mandamus, etc. |
| Bicameralism | British Constitution | Having two houses of parliament (Lok Sabha and Rajya Sabha) |
Revision Table: Sources of Indian Constitution Features
| Source | Key Features Borrowed |
|---|---|
| British Constitution | Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs, bicameralism. |
| USA Constitution | Independence of judiciary, judicial review, impeachment of the president, removal of Supreme Court and High Court judges, Fundamental Rights, Preamble. |
| Irish Constitution | Directive Principles of State Policy, method of election of the President, nomination of members to Rajya Sabha. |
| Canadian Constitution | Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, advisory jurisdiction of the Supreme Court. |
| Australian Constitution | Concurrent List, freedom of trade, commerce and intercourse, joint sitting of the two Houses of Parliament. |
| Weimar Constitution (Germany) | Suspension of Fundamental Rights during Emergency. |
| USSR Constitution (now Russia) | Fundamental Duties, ideal of justice (social, economic and political) in the Preamble. |
| French Constitution | Ideals of Republic, Liberty, Equality and Fraternity in the Preamble. |
| South African Constitution | Procedure for amendment of the Constitution, election of members of Rajya Sabha. |
| Japanese Constitution | Procedure established by law. |
| Government of India Act, 1935 | Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency provisions, administrative details. (Significant influence) |
Additional Information on Indian Constitutional Borrowings
The Indian Constitution is often described as a 'bag of borrowings' because it has incorporated various features from different sources. However, the framers did not blindly copy these features. They were adapted to suit the Indian conditions, history, and requirements. The borrowings reflect the diverse political and legal systems studied by the Constitution makers to build a comprehensive and effective governance structure for India.
Understanding the sources of different constitutional provisions helps in appreciating the rationale behind their inclusion and their intended function within the Indian political system. It also highlights the thoughtful and deliberate process that went into drafting the world's lengthiest written constitution.
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