What are the main sources of Constitution

In this page you will get to know what are the main sources of constitution, before that we will know what is constitution and its objectives.

INTRODUCTION TO CONSTITUTION

constitution of India

Indian constitution is one of the longest and voluminous constitution in the world. Earlier it consist of 395 Articles, 8 Schedules, and  22 Parts, now it has 448 Articles, 12 Schedules, and 25 Parts. So far lots of amendments have  done, in which 42nd and 43rd amendment are most important.

Our Constitution adopted by the constituent assembly on 26th November 1949, then it enacted on 26th January 1950.

Constitution refers to a set of rules and regulations and also have different kinds of law which:-

-governs the governments,

-that seeks to establish the powers, duties and functions,

-regulate the relationships between them, and

-define the relationships between the state and the individual.

Indian Constitution is the 1st longest constitution in the world. After that China having 138 articles, then Canada 107, Japan 103, and USA with only 7 articles. The constitution declares India to be a Sovereign, Socialist, Secular, democratic, Republic.

The word secular and socialist added in the preamble of the constitution by 42nd amendment which passed in 1976.

Constitution provides for a parliamentary form of government. Officially President is the nominal head of the state. In actual practice, the  the Prime Minister and other cabinet minister control the government. They altogether responsible for the lok sabha.

SOURCES OF INDIAN CONSTITUTION

During 1946-47, the constituent assembly of India began to make our constitution for the very 1st time. At that period, we relied on these 11 sources for making our constitution. We will discuss after these sources one by one. Along with this we will also discuss that which important features we have inserted from these sources.

( I ) Government of India Act, 1935:-

The constitution of independent India came into force in 26th January, 1950. Before independence, in the British India, there was only one law i:e Government of India Act.

That is why when we are making our constitution, the act of 1935 is the best preference and source. Through this act we also got several different laws in society. We took five important features from this act:

  •  Emergency Provision
  •  Public Service Commission
  •  System of judiciary – {means structure of Supreme Court, High Court and Subordinate Court}
  •  Federal Scheme of Government
  •  Office of Governor
( II ) US Constitution:-

From constitution of United States we have taken:

  •  Fundamental Rights
  •  Judicial Reviews

Removal Procedure of :-

  •  President, which is called impeachment
  •  Judges of both High Court and Supreme Court
  •  Preamble
  •  Independence of Judiciary
( III ) British Constitution:-

From this constitution we have taken the most important and core of our constitution. They are:

  •  Writs {which is also known as Constitutional Remedies}
  •  Parliamentary form of Government
  •  Idea of Single Citizenship
  •  Parliamentary Privilege
  •  Rule of Law; which states that “In any country, except constitution and law, nothing is supreme, nor the government.”
( IV ) Iris Constitution:-
  •  Directive Principles of State Policy –

{ it is like a guidelines about how to run state government, and what laws and policies should made for the state.}

  •  Election Procedure of President
  •  Members nomination to Rajya Sabha by the president
( V ) Canada Constitution:-

As you know in India there is two government, one is central government and another is state government. Here, central government plays important and have more power than the state government.

  •  Federalism with strong central government
  •  Advisory Jurisdiction of Supreme Court
  •  Residuary Power of central government
  •  Center can appoint the governor of the state
( VI ) USSR Constitution:-
  •  Fundamental Duties { this is a type of moral obligation and patriotism }
  •  Ideals of Justice- i:e; social, economic, and political, which is expressed in preamble of the constitution.
( VII ) Australia Constitution:-
  •  Concurrent list
  •  Freedom of Trade and Commerce
  •  Joint meeting of both the houses in the Parliament
( VIII) France Constitution:-
  •  Liberty
  •  Equality
  •  Fraternity
  •  Republic

These all important words you can find on preamble of the constitution.

( IX ) South Africa Constitution:-
  •  Amendment of the Constitution
  •  Election of the member to the Rajya Sabha
( X ) Germany Constitution:-
  •  Adjournment of Fundamental Rights during Emergency
( XI ) Japan Constitution:-
  •   Procedure established by Law

CONCLUSION

Indian Constitution is also known as mixed constitution because it made from different sources. It is flexible in nature, and that is why amendments can done on it. Constitution of India is a written constitution and is the lengthiest constitution of the world.

Constitution formed by the drafting committee, and the chairman was Dr. B.R Ambedkar. Constitution took total 2 years 11 months and 18 days to complete. Constitution is the set of rules which regulates the functions of the government, which makes easy to run the Country.

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