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Sources to the Constitution of India

Updated: Oct 6, 2022

We all must have heard the term constitution in our lives even if we haven't read it or try to understand it, for sure with respect to Sh. BR Ambedkar as it usually is talked about in the media. So what exactly makes it up in the current form? Let's try and understand the sources and bit about the process.

The Constitution came into effect from 26th January 1950, we all know it that is the Republic Day we celebrate. But the constitutional work started quite a back only, our constitution smells some of the Charters Act passed by the British's to rule over British India prior to 1947. But the actual process started with the adopting of the Objective resolution by Shri. Jawaharlal Nehru on 22 January 1947. The Resolution proclaimed India as a sovereign Republic which is now independent of any external ruler. So the date 15th August that is our Independence day is the date mentioned in the Indian Independence Act of 1947 brought by the Viceroy Mountbatten.

Originally our constitution was drafted by Sir Benegal Narsing Rau, which later on after the Independence was given to the drafting committee whose chairman was Shri BR Ambedkar who later on through various debates and discussions in the constituent Assembly brought the drafted version to it's final form which was passed on 26 Nov 1949 with some parts coming into effect the same day and some on 26th January 1950, this date was chosen to mark the day as it was celebrated as Poorna Swaraj day because of Lahore session in 1929 congress proclaimed that 26 January 1930 will be Poorna Swaraj Day.

Important sources are the :

1. Government of India Act 1935 which gave us the federal structure that is the center and semi autonomous states with in the Union, then Center state relations, Administrative setup that is the office of governor and the Public Services commission that is todays UPSC and the Emergency provisions as well.

2. Constitution of USA - We got the Fundamental rights, judicial review, preamble and the impeachment of the President, also the removal of the judges of Supreme court and the High court, it's not easy for the government to remove them because of it.

3. Constitution of UK - It gave us Parliamentary model that is the council of minister responsibility to the legislature. Then the cabinet system like we have a cabinet who functions under the Prime Minister and the writ jurisdiction that is Article 32 through which anyone can approach the SC/ HC if his or her fundamental rights are taken away, a very important Article of the constitution.

4. Constitution of Ireland - It gave us the Directive Principle of state policy (DPSP) these are non justiciable and give directive to the government for abeyance while forming laws. We also got method of elected President from them.

5. Constitution of USSR - Fundamental duties, that is Article 51-A, which was inserted by Shri Indira Gandhi as the principles to guide the citizens and the ideals of justice(social, economic and cultural) in Preamble.

6. Constitution of Canada - It gave us residuary powers, MP & MLA privileges that gives an MP /MLA the freedom of speech and expression to whatever is said inside the Parliament/ Assembly and other privileges as well which are distinct form the Fundamental Rights. Federation with strong center and advisory jurisdiction of Supreme court.

7. Constitution of Australia - We borrowed the concurrent list that is where both the Union and State can make laws as well as the joint sitting of the Parliament incase of deadlock over a Bill.

8. Constitution of South Africa - It gave us the procedure of constitutional amendment.

Our constitution is a mixture and amalgamation of lots of ideas and deliberations. It wasn't any one person but whole constituent assembly who contributed to it, which was chaired by Dr. Rajendra Prasad and drafted by Dr. BR Ambedkar along with 6 other members K.M.Munshi, Muhammed Saadulah, Alladi Krishnaswamy Iyer, Gopala Swami Ayyangar, N. Madhava Rao (He replaced B.L. Mitter who resigned due to ill-health), D.P. Khaitan.

stay tuned for more..

**Note: Some sources indicated different versions but we tried to choose best of sources and to keep it authentic. Feel free to reach out if you see any corrections required.



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