(Sample Material) UPSC IAS Mains GS Online Coaching : Paper 2 - "Comparison of the Indian Constitutional Scheme with that of other Countries"

Sample Material of Our IAS Mains GS Online Coaching Programme

Subject: General Studies (Paper 2 - Governance, Constitution, Polity, Social Justice and International relations)

Topic: Comparison of the Indian Constitutional Scheme with that of other Countries

SOURCE OF INDIAN CONSTITUTION

It is on this account that the Constitution of India is regarded as a bag of borrowings. However, only those principles were borrowed which could serve well the Indian circumstances and aspirations. There was no blind borrowing.

1. British Constitution : The British Constitution (Mother Constitution) had its impact in the following respects:

( i ) Constitutional head of State,

(ii) Lower House of Parliament (Lok Sabha) is more powerful than the Upper House,

(iii) Responsibility of Council of Ministers to Parliament,

(iv) Parliamentary system of Government,

(v) Prevalence of Rule of Law.

2.U.S. Constitution : The Constitution of the United States had its impact in the following respects :

 (i) Preamble of the Constitution,

(ii) Provision of Fundamental Rights,

(iii) Functions of the Vice-President,

(iv) Amendment of the Constitution,

(v) Nature and functions of the Supreme Court,

(vi) Independence of judiciary.

3.Australian Constitution : Australian Constitution gave us a long list of concurrent powers and the procedure for solving deadlock over concurrent subjects between the Centre and the States.

4.Irish Constitution: The Irish Constitution gave us the Directive Principles of State Policy and the method of nominating members of the Rajya Sabha.

5.Weimar Constitution of Germany : The Weimar Constitution of Germany had its impact upon the powers of the President.

6.Canadian Constitution :We borrowed the provision of a strong nation, the name of ‘Union’ of India and vesting residuary powers with the Union from Canada.

7. South African Constitution : The procedure of amendment with a two-thirds majority in Parliament and the election of the members of the Rajya Sabha on the basis of proportional representation by the State legislatures have been borrowed from the Constitution of South Africa.

INDIAN CONSTITUTION

1. Indian federation is not the result of an agreement between States.

2. There is only one citizenship for both the States and Union.

3. Each State sends M.P.s to the Parliament depending upon the population of the State.

4. There is no principle of quality between the states.

5. There are three Lists- Union List-(First List); State List (Second List); and Concurrent List- (Third List). The Parliament can legislate only the subjects of the State List and Concurrent List. The States are not sovereign. The Union can encroach upon State’s Lists.

6. No State can separate from Indian Territory.

7. The Parliament, i.e. Center has been residuary powers.

8. There is only one Constitution for Union and States.

9. India achieved uniformity in basic civil and criminal laws, except’ personal laws in some matters.

10. The Indian Union is an indestructible Union of destructible States. The area, identity of a state can be changed by Parliament. The State scan be destructible. But the Union can not be changed. The Union is indestructible.

11. The Central Government has been the power to form a new State, to increase the area of any State, to diminish the area of any State; to alter the boundaries of any State; to alter the name of any State; and to form a new State by separation of territory from any State or by uniting two or more -States or parts of States or by uniting any territory to a partnership the of any State (Article 3)

12. The word “Federal” is not at all used in our Constitution. Simply the framers described “Union”.

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