The Indian Constitution has been much inspired by the British constitutional practice. Our long association with the British administration has made us to adopt parliamentary democracy and rule of law in our constitutional system.
The influence of the Government of India Act, 1935 on our present Constitution is quite far-reaching.
This Act was passed by the British Government in 1935 and it provided a parliamentary and federal system in India. The Constitution borrowed the federal feature and the provision of emergency from the Government of India Act, 1935.
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A few critics went to the extent of saying that the present Constitution of India is a “glorified version of the Government of India Act, 1935”.
However, this criticism is not justified. The 1935 Act contained various arbitrary provisions. There are certain departures from the Act of 1935 in our present Constitution. The present Constitution is a democratic constitution. It has given adult franchise to the citizens and guaranteed their Fundamental Rights.
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It has made India a Welfare State, and contained a new chapter on the Directive Principles of State Policy. Thus it is not correct to hold the view that the present Constitution is a copy of the Government of India Act, 1935.
The Constitutions of America and Canada have some ‘”influence over our Constitution. The idea of Fundamental Rights, limited Judicial Review, and the federal form of Government have been borrowed from the American Constitution.
Like the Canadian pattern, the Indian federation has been called as the Union of States and the residuary powers are vested in the Centre rather than in the Units. Further, like the Constitutions of Canada and the Union of South Africa, but unlike the Constitutions of America.
Australia and Switzerland, the Constitution of India incorporates within itself both the constitutions of the Centre as well as the States. The idea of Directive Principles of State Policy has been borrowed from the Irish and Spanish Constitutions.
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The provision of Emergency in our Constitution has a resemblance with the Weimar Constitution of Germany.
The procedure of the Indian presidential election and nomination of certain members to the Rajya Sabha have been adopted from the Irish Constitution. The procedure of constitutional amendment has a similarity with that of South Africa. The ideological portion, namely, the Preamble, has been inspired by the leading principles of the American and French Revolutions.
