Sources of Indian Constitution

Sources of Indian Constitution

Sources of Indian Constitution

Sources of Indian Constitution

There are 448 Articles in our Indian constitution But when you see the last Article of our constitution, it is Article no. 395, How is this possible?

The present structure of our Indian Constitution.

On 26 November 1949 our constitution was fully made and ready at that point of time there was total 395 Articles, 22 Parts and 8 Schedules were there in our Constitution, but this was the status of 1949 and since 1949, total 103 new amendments are introduced in our Constitution till present.

So after all this changes, now our Constitution consists of 448 ARTICLES, 25 PARTS and 12 SCHEDULES and to maintain the original numbering of the Articles present in our constitution, when new amendments or any laws are introduced, they are introduced in alphabetic manner. For example the 86th Amendment, this act has given us a new fundamental right ‘Right to Education’ and this act was introduced in our constitution as article 21 A so that’s why, after having so many amendments the last article of our constitution is Article 395.

Parts and Schedules in our constitution.

And now  what are the Parts and Schedules in our constitution, the articles present in our constitution are made up of  topic wise, specifically if we see from Article 12 to Article 35, it tells all about our fundamental rights.

This specific topic wise arrangement is known as ‘Parts’ like PART 3 describes about Fundamental Rights, PART 4 describes about Directive Principles of State Policy. ‘SCHEDULES’ apart from the provisions which are given in the Articles, all the Additional Details and the Lists are introduced as Schedules like ‘Schedule’ 1 and 4 tells about the names of all States and Union Territories and ‘Schedule’ 2 describes about the Salary and ‘Schedule’ 8 tells that which languages are the official languages.

Now, the question arises as we included the Articles in to the Constitution, then why we hadn’t introduced Schedule in the Constitution? The answer is quite simple because already our Constitution was so lengthy and if we would add the Schedules in to it, then it could have become more complicated. That’s why for the simplicity, Constitution has been divided in Articles, Parts and Schedules.

In our Indian Constitution till now 124 amendments are proposed and out of that 103 amendments act are passed. The 103rd Amendment Act which was passed in January 2019 this talk about EWS (Economically Weaker Section). It means the economically weaker section of General Category will be given 10% reservation. The provision for this is inserted in our constitution as 15(6) & 16(6) so this was about the current situation; now let’s go to 1946-47 when the Constitution Assembly of India began to make our constitution for the first time. At that time we mainly we relied on these 11 sources for making our constitution.

11 Main Sources of Indian Constitution.

The first one is The Government of India Act of 1935, The Constitution of Independent India came to force in 26 January 1950 but before this in British India. The law of the land was The Government of India Act 1935, that’s why, when we were making our Constitution the act of 1935 was the best preference and source.

We have took three important features from this act that are Emergency Provisions, Public Service Commission and System of Judiciary Means the Structure of Supreme Court, High Court and Subordinate Court was also taken from here only Along with this Federal Scheme of government and Office of Governor is taken from here only.

The Second source was the US Constitution, from here the important thing we took was the Fundamental Rights and judicial review, in government of India Act there were no provisions regarding Fundamental rights and fundamental duties so from 1950 only Indians have got their fundamental rights.

Next is Judicial Review, this ensures that, there should be no law that violates the Fundamental rights Apart from this the removal procedure of two very important post is taken from the US constitution only First is the removal procedure of the President which is called as Impeachment and the removal procedure of the judges of Supreme Court and High Court Along with this we have taken from the US constitution is Preamble of our Constitution and Independence of Judiciary.

The Third source is British Constitution, from here we have taken very core and important features of Constitution like Writs Right to Constitutional Remedies, the provision is given [Article 32 & 226] and we have taken from here Parliamentary Form of government single citizenship, Parliamentary privileges and Rule of Law Rule of Law states that, in any country government is not the Supreme only Law and constitution are supreme.

The Fourth source is Irish Constitution, from here the important thing we have taken is Directive Principles of State Policy-Part VI Article 36-51, it is like a guide line about how to run a state government and what policies and laws should be made for a state along with this we have taken Method of Election of the president Article 55 And Members nomination to the Rajya Sabha by the President Part V Article 80.

The Fifth source is The Constitution of Germany which is called as (WEIMAR CONSTITUTION) also the important thing taken from here is Suspension of Fundamental Rights during Emergency Article 356.

The sixth source is South Africa from here we have taken Amendment of the Constitution, Part XX, Article 368 Election of members of the Rajya Sabha.

The seventh source is The Constitution of SOVIET UNION (USSR) from here we have taken Fundamental duties Part IV A Article 51 A which is like a moral obligations on citizens and for patriotism along with this we have taken The ideals of justice (social, economic and political), expressed in the Preamble.

The Eighth source is CANADA, you will see there are two governments in India one is Central Government and other is State Government But Central Government has more powers, Federalism with strong central government is taken from Canada.

Next thing we have taken is Advisory jurisdiction of the supreme court Article 143 Centre appoints the Governors of the states Art.155, 157 Residuary powers vest with the Centre Article 248 of the Constitution and Entry 97 of the Union List Residuary power is that, which ever matter is not given in central, state and Concurrent list for that matter Centre has the powers to make a law on all that matters.

The ninth source is Australia from where we have taken Concurrent List which is in Seventh Schedule Freedom of trade and commerce Part XIII, Article 301- 307 and joint sitting of the two Houses of Parliament Article 108 all these we have taken from Australia.

The Tenth source is France we have taken the ideals of Liberty, Equality, Fraternity and Republic these all 4 important words you will get in our Preamble.

The Eleventh and last source is Japan from here we have taken Procedure established by law for this the important provision is Article no. 21.

Also Read: Sedition law in India.

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Bhupendra Sharma

"Bhupendra Sharma is a practicing lawyer at Rajasthan High Court who completed his graduation from the University of Rajasthan. He has pursued his LLM from Acharya Nagarjuna University. He is also a degree holder in Master of Education and Master of Business Administration."