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SOURCES OF CONSTITUTION OF INDIA by ATRISHEKHAR - Coggle Diagram
SOURCES OF CONSTITUTION OF INDIA
by ATRISHEKHAR
US
FR inspired by Bill of rights and not completely borrowed
MAGNA CARTA 1215 was the first written document relating to the fundamental rights of citizens
In 1689, the Bill of Rights was written consolidating all-important rights and liberties of the English people.
the Americans incorporated the Bill of Rights in their Constitution in the year 1791 in the form of ten amendments
The original US constitution as drafted in the year 1787
did not contain
any fundamental right
The Declaration of the French Revolution, 1789 provided that, “the aim of all political association is the conservation of the natural and inalienable rights of man
Judicial Review
(Article 13)
Vice President
Removal of SC and HC judges
Impeachment of President( ARTICLE -61)
lndependent judiciary
Concept of due process of law
UK
Westminster form of government
sovereign or head of state who functions as the nominal or legal and constitutional holder of executive power
also known as a cabinet government, responsible government
holds numerous reserve powers, but whose daily duties mainly consist of performing ceremonial functions.
These parliaments feature a more combative discussion style, with the plenary session of parliament taking precedence over committees.
Parliamentary privilege
certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can “effectively discharge their functions
defined in Article 105 of the Indian Constitution and those of State legislatures in Article 194.
2 types
Privileges of Parliamentarians:
Freedom of Speech
Exemption from attendance as witnesses
Privileges of Parliament:
Right to publish debates and proceedings:
Right to exclude strangers
Right to punish members and outsiders for breach of its privileges
Right to regulate the internal affairs of the House:
Single citizenship
Despite the fact that the Indian Constitution is federal and envisions a dual polity (Centre and states), it only provides for one citizenship, namely Indian citizenship
There is no such thing as separate state citizenship. Other federal states, such as the United States and Switzerland, have adopted the system of dual citizenship
Indian citizens owe allegiance only to the Union.
Writs
A formal written order issued by a Court having authority to issue such an order
Articles 32 and 226, provides the right to approach the Supreme Court or High Court, respectively, to any person whose Fundamental Right has been violated
These are known as prerogative writs in English Law because they had originated in the King’s prerogative power of superintendence over the due observance of law by his officers and tribunals.
Rule of Law
A V Dicey in his book The Law of the Constitution (1885) has given the following three implications of the doctrine of rule of law.
Absence of arbitrary power,
Equality before the law
The primacy of the rights of individual
It lays down that the law is supreme and hence the government must act according to law and within the limits of the law
as a constraint upon behavior, including behavior of government officials
First past the post system
Also known as simple majority where a candidate with the most number of votes from a constituency wins the seat.
Voter’s convenience
Lesser expenditure
It’s is fairly quick to count the votes
Japan
Procedure established by Law
Canada
Appointment of governor by union
Residuary powers with Centre
Federal setup tilted towards Centre
Advisory jurisdiction of Supreme Court through Article 143
Ireland
DPSP
borrowed from Irish Constitution of 1937 (which were copied from Spanish Constitution)
The “Instruments of Instructions” was enumerated in the GOI (Government of India) Act of 1935 and they are called Directive Principles of State Policy in the Indian constitution
method of election of president
Nomination of members to Rajya Sabha eminent individuals
South Africa
Amendment procedure from the previous South African constitution
Procedure for RS election from previous constitution of SA
USSR
Fundamental Duties
On the recommendations of the Swaran Singh Committee, the fundamental duties were added by the 42nd Amendment, 1976 in our Indian Constitution
Japanese Constitution is the only democratic constitution in the world with a list of duties of citizens.
Interestingly, socialist countries accords equal importance to the fundamental rights and duties of their citizens.
Notion of political, social and economic justice
France
Liberty, equality, fraternity
Republic
Australia
Freedom of trade and commerce throughout the country
Article 19(1)(g) under Part IIIguarantees to every Indian citizen a fundamental right to engage in trade and business, subject to reasonable restrictions
Article 301 declares that trade, commerce, and intercourse shall be free throughout India's territory.
Article 302 empowers Parliament to impose legal restrictions on the freedom of trade, commerce, and intercourse
a country should work as a single economic unit without any barriers or obstacles in internal trade
Joint sitting of two houses
Concurrent list
schedule 7
Germany
Emergency provisions from Weimar Germany
Emergency provisions are acutally borrowed from the Govt. Of India Act 1935
“
Suspension of Fundamental Rights during proclamation of emergency”
provision borrowed from Weimer constitution (Now Russia)
During an emergency, it possesses unitary functionality. That’s why Dr. B. R Ambedkar declared the Indian Federal structure special because throughout an emergency it becomes fully unitary
GOVERNMENT OF INDIA act 1935
Bicameral Legislature
Division of Powers
Residuary Powers
Emergency Provision
Office of the Governor
Judiciary
Federal Legislature
Administrative Details and Inter-State Relations
Public Service Commission
criticism
According to critics, the writers of the Constitution incorporated a considerable number of clauses from the Government of India Act of 1935 into the Indian Constitution. As a result, the Constitution is referred to as a "Carbon Copy of the 1935 Act" or an "Amended Version of the 1935 Act."
Prof. N. Srinivasan said that the Indian Constitution is “both in language and substance a close copy of the Act of 1935”.
Sir Ivor Jennings, a British Constitutionalist commented that “the Constitution derives directly from the Government of India Act of 1935 from which many of its provisions are copied almost textually”.
P.R. Deshmukh, a member of the Constituent Assembly, mentioned that “the Constitution is essentially the Government of India Act of 1935 with only adult franchise added”.