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Mains Daily Question
Jan. 5, 2024

Q2. The Indian Constitution is unique in its content and spirit. However, it had picked up many best features from other constitutions of the world. Elucidate.  (10M/150W)

Model Answer

Approach 

Introduction: Briefly introduce with the meaning of Constitution 

Body:

Heading 1: In table format, highlight the features along with the sources of Indian Constitution

Conclusion: Conclude with your key remarks on the basic essence of the Constitution. 

 

Answer

A constitution is a fundamental and supreme law or set of principles that establishes the framework for the governance and functioning of a state or organization. It typically outlines the structure of the government, relations between the different institutions and components of the government, the executives, the legislature, the judiciary, the central and the local government, establishes the rights and duties of citizens, and sets the rules for making and enforcing laws.

 

The Indian Constitution stands out for its distinctiveness and values, drawing inspiration from global constitutional practices. It incorporates noteworthy elements from various constitutions worldwide, yet possesses unique features that set it apart from others, making it special among the world's constitutions.

 

Unique Features

  • Parliamentary System: Even though the Indian parliamentary system is largely based on the British pattern, there are some fundamental differences between the two. For example, the Indian Parliament is not a sovereign body like the British Parliament. Further, the Indian State has an elected head (republic) while the British State has hereditary head (monarchy)
  • Single Citizenship: Indian Constitution provides for only a single citizenship, that is, the Indian citizenship. In countries like the USA, on the other hand, each person is not only a citizen of USA, but also a citizen of the particular state to which he belongs.
  • Integrated Judiciary: This single system of courts enforces both the central laws as well as the state laws, unlike in the USA, where the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary.

S.No

Sources

Featured Borrowed

1. 

Government of India Act,1935
  • The Federal system
  • Office of Governor
  • Judiciary
  • Public Service Commissions
  • Emergency powers etc.

2.

Australian Constitution
  • Concurrent list
  • Joint-sitting of the two Houses of Parliament

3.

Canadian Constitution
  • Federation with a strong Center
  • Vesting of residuary powers in the Centre

4.

Irish Constitution
  • Directive Principles of State Policy
  • Nomination of members to Rajya Sabha

5.

Japanese Constitution
  • Procedure Established by law

6.

Russian Constitution
  • Fundamental duties
  • Ideals of justice (social, economic and political) in the Preamble

7.

British Constitution
  • Parliamentary government
  • Rule of Law
  • Legislative procedure
  • Single Citizenship
  • Cabinet system
  • Prerogative writs
  • Parliamentary privileges
  • Bicameralism

8.

US Constitution
  • Fundamental rights
  • Independence of judiciary
  • Judicial review

9.

Weimar Constitution of Germany
  • Suspension of Fundamental Rights during emergency

10.

South African
Constitution
  • Procedure for amendment in the Indian Constitution
  • Election of members of Rajya Sabha

11.

France
  • Republic
  • Ideals of liberty, equality and fraternity in the Preamble

While the Indian Constitution is distinctive in its own right, it reflects a judicious amalgamation of features from various constitutions, adapting and incorporating elements that are relevant to India's socio-political context. Through a careful synthesis of principles from various sources, the Indian Constitution has established a robust framework that upholds democratic values, protects fundamental rights, and seeks to achieve social and economic justice.

Subjects : Polity
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