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Bag of Borrowings

The Indian Constitution borrows features from many other constitutions around the world. It is considered a "bag of borrowings" drawing from countries like the UK, Ireland, USA, Canada, Australia, South Africa, France, Germany, the Soviet Union and Japan. Key figures like Dr. B.R. Ambedkar emphasized the need for equality and introduced reservations to create social balance.
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0% found this document useful (0 votes)
43 views

Bag of Borrowings

The Indian Constitution borrows features from many other constitutions around the world. It is considered a "bag of borrowings" drawing from countries like the UK, Ireland, USA, Canada, Australia, South Africa, France, Germany, the Soviet Union and Japan. Key figures like Dr. B.R. Ambedkar emphasized the need for equality and introduced reservations to create social balance.
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© © All Rights Reserved
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BAG OF BORROWINGS

 With 448 articles in 25 parts, 12 schedules, 5 appendices, and 105


amendments, the Constitution of India is the longest written constitution of
any independent country in the world. It was adopted on November 26, 1949,
while it came into force on January 26, 1950, when all the members of the
Constituent Assembly signed the documents.

 The Indian Constitution was not typeset or printed but was handwritten and
calligraphed in both English and Hindi by Prem Behari Narain Raizada. The
original copies of the Constitution are now kept in special helium-filled cases
in the Library of the Parliament of India.

“The Indian Constitution is known as


a bag of borrowings and draws it
features from the Constitutions of
many countries. Dr BR Ambedkar
rightly said that it was created after
ransacking the known Constitutions
 However he also said: As to the accusation that the Draft Constitution has
reproduced a good part of the provisions of the Government of India Act,
1935, I make no apologies. There is nothing to be ashamed of in borrowing.
It involves no plagiarism. Nobody holds any patent rights in the
fundamental ideas of a Constitution.

 Despite the borrowed features in the Indian Constitution, it is a unique set


of laws that explain the structure and working of the Government of India.

“A renowned social reformer, politician and jurist,


Ambedkar is called the Father of Indian Constitution.
He was appointed Chairman of the Drafting
Committee of Constituent Assembly on August 29,
1947.”
Ambedkar emphasized on religious, gender and caste equality, and
introduced the reservation system in the Constitution of India to create a
social balance amongst the classes.

Borrowed features of Indian Constitution


Here are the borrowed features of the constitution of India:

Government of India Act of


1935
1. Federal Scheme
2. Office of Governor
3. Judiciary
4. Public Service Commissions
5. Emergency provisions
6. Administrative details
British Constitution
1. Parliamentary government
2. Nominal Head President (who will
perform like the Queen)
3. Post of Prime Minister
4. Lower House more powerful
5. Single citizenship
6. Cabinet system
7. Prerogative writs
8. Parliamentary privileges
9. Bicameral Parliament
10. Speaker of Lok Sabha
11. Rule of Law
12. Legislative procedure
Ireland's Constitution

1. Concept of Directive
Principles of State Policy
(Ireland had borrowed it from
Spain)
2. Nomination of members to
Rajya Sabha by the President
12 members.
3. Method of election of
President
Unites States of America's Constitution
1. Written Constitution
2. Impeachment of the President
3. Supreme Court
4. Provision of States
5. Functions of Prpresident and Vice-
President
6. Removal of Supreme Court and High
Court judges
7. Fundamental Rights
8. Judicial review
9. Independence of Judiciary
10. Preamble of the Constitution
South African Constitution

1. Procedure for amendment of the Constitution


2. 2. Election of members of Rajya Sabha
Canada's Constitution

1. Federation with a
strong Centre
2. Vesting of
residuary powers in
the Centre
3. Appointment of
state governors by
the Centre
4. Advisory
jurisdiction of the
Supreme Court
French Constitution

1. The ideals of Republic


in the Preamble
2. The ideals of liberty in
the Preamble
3. The ideals of equality
in the Preamble
4. The ideals of
fraternity in the
Preamble
Australia's Constitution

1. Concurrent List
2. Freedom of trade
3. Commerce and
intercourse
4. Joint sitting of the two
Houses of Parliament
5. The language used in
the Preamble
Soviet Constitution (USSR, now Russia)

1. Fundamental duties
2. The ideal of justice
(social, economic and
political) in the Preamble
3. Five-Year Plans
Germany's Constitution

1. Suspension of Fundamental Rights during the


emergency
Japan's Constitution

1. Concept of "procedure
established by Law"

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