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Monday, December 16, 2013

Structural sources of the Constitution

Sources of the Indian Constitution can be best explained with reference to its principal parts. The structural part of the Constitution is, to a large extent, derived from the Government of India Act, 1935. The philosophical part of the Constitution has other sources. Part III on fundamental rights partly derives its inspiration from the Bill of Rights, enshrined in the American Constitution, and so also Part IV on Directive Principles of State Policy from the Irish Constitution. The political part (the principle of Cabinet Government and the relations between the executive and the Legislature) have been largely drawn from the British experience.

The Union-State relations find a similarity in the Act of 1935 and also in the Canadian Constitution, though the expanded concurrent in the Seventh Schedule has a model in the Australian Constitution. Part XIII, dealing with trade, commerce and intercourse, also appears to derive inspiration from the Australian Constitution. Some indigenous institutions like "Panchayats" have been specifically encouraged and new ideals, such as, promotion of international peace and security; have been woven into the fabric of the Constitution. The Constitution specifically provides for the privileges of the members of Parliament and of the State Legislature, to some extent following the Australian model.
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