Today, on 26th November, we celebrate Constitution Day or Constitution Day every year in India following the Constitution adopted by the Constituent Assembly, establishing India as a sovereign and democratic republic.
To demonstrate India’s commitment to address its diverse social and cultural society while ensuring fundamental rights and justice for all citizens, the Constituent Assembly, after nearly three years of deliberations and discussions, Constitution of India adopted on 26 November 1949Who Officially entered into force on 26 January 1950To mark India as a sovereign republic.
To To promote constitutional principles among citizensThe Ministry of Social Justice and Empowerment announced on 19 November 2015 that 26 November would be designated as ‘Constitution Day of India’.
,The Constitution is not a mere lawyer’s document; It is the vehicle of life, and its spirit is always the spirit of the ageDr. BR Ambedkar, often referred to as the chief architect or father of the Indian Constitution, famously said.
Emphasizing the dynamic nature of the Indian Constitution, Ambedkar reflected the values and aspirations of the society rather than a static legal text.
Interestingly, the Indian Constitution is the longest written constitution in the world, consisting of 448 articles, divided into 22 sections and 12 schedules.
Top 10 Global Constitutions that inspired and influenced the ideals of the Constitution of India:
The Constituent Assembly has taken inspiration from the constitutions of various countries around the world and incorporated many features from them. (Source: Wikipedia Commons)
| Sl.No. |
Country |
Features borrowed |
| 1 |
united kingdom |
- Parliamentary form of government: The Parliament is the supreme legislative body of India, built on strong cooperation between the executive and the legislature, and allows the election of the country’s President and Prime Minister.
- single citizenship
- Rule of Law: It ensures that laws apply equally to all individuals.
- cabinet system
- Privilege Article: Legal processes to enforce rights by holding public authorities and judicial bodies accountable for their conduct or inaction.
- parliamentary privilege
- bicameral legislature: A legislature consisting of two houses: the Lok Sabha and Rajya Sabha,
- legislative process
|
| 2 |
United States of America |
- Fundamental Rights: Every citizen has a right which guarantees personal liberty and security against state action.
- impeachment of the president
- judicial review: A process by which the Supreme Court and High Courts of India analyze, adjudicate, and quash executive or legislative actions that violate the Indian Constitution.
- Removal of Supreme Court and High Court judges
- Independence of the Judiciary: Courts in the country have been granted independent status, ensuring that they do not come under the influence of the government or anyone else.
- role of vice president
|
| 3 |
Soviet Union/Russia |
- Fundamental Duties: It underlines the responsibilities of citizens towards their nation.
- Incorporation of ideals of justice (social, economic, political) Preface
|
| 4 |
Australia |
- Concept of Concurrent List: The Seventh Schedule lists 52 items; It describes the subjects on which both the Central and State Legislatures can make laws.
- Freedom of trade, commerce and intercourse
- Provision for joint sitting of both houses of Parliament
|
| 5 |
France |
- Concept of Republic: A form of government where the head of state is the President or other elected official.
- The ideals of liberty, equality and fraternity, integrated in the Preamble
|
| 6 |
ireland |
- Idea of Directive Principles of State Policy: These principles guide the state in ensuring legality and procedural fairness in policy making and legislation.
- Nomination of members for Rajya Sabha
- presidential election
|
| 7 |
Canada |
- Semi-federal structure with a strong central government
- Concept of Residual Powers: The Central Government has the exclusive power to make any law relating to any issue which is not part of the Concurrent List or the State List.
- Distribution of powers between center and state
- Center’s power to appoint state governors
- Advisory function of the Supreme Court: Article 143 of the Indian Constitution confers advisory jurisdiction on the Supreme Court, allowing the President to seek its opinion on any law or fact of public importance deemed necessary.
|
| 8 |
Japan |
- Concept of ‘Procedure established by law’: A law that has been legally adopted by the legislature or other relevant authority is valid only if the proper procedure has been strictly followed.
|
| 9 |
Germany (Weimar) |
- Concept of emergency provisions and suspension of fundamental rights during emergency: Under Article 359, the President has the power to suspend fundamental rights during both internal and external emergencies.
|
| 10 |
South Africa |
- Process of election of members to Rajya Sabha
- Process to amend the Constitution: A bill intended to amend the Constitution must be approved by half the state legislatures by a simple majority, and then after the bill has been passed by both Houses, it must be presented to the President for his assent.
|
The Indian Constitution is a unique and important document for the country; This has often been criticized as a “bag of credit”.
Although some features of the Indian Constitution have been borrowed from other countries, it is still wrong to say so, because the ideals have been formulated in the Indian context of politics and governance.
It is the most comprehensive Constitution in the world and has been drafted keeping in mind the historical perspective of Indian nationalist struggles, the diversity of India and its traditions and characteristics, which are different from any other country.
