Sources of Constitution

SOURCES OF CONSTITUTION

The Indian Constitution has been formed after ransacking all the major constitutions of the world. However, at the same time, the framers have also considered the following factors
•    Historical perspective of India
•    Geographical diversity of India
•    Cultural and traditional characteristics of India.

How the Constitution works:

•    A constitution is a set of fundamental principles according to which a state is constituted or governed.
•    The Constitution specifies the basic allocation of power in a State and decides who gets to decide what the laws will be.
•    The Constitution first defines how a Parliament will be organized and empowers the Parliament to decide the laws and policies.
•    The Constitution sets some limitations on the Government as to what extent a Government can impose rules and policies on its citizen. These limits are fundamental in the sense that the Government may never trespass them.
•    The Constitution enables the Government to fulfill the aspirations of a society and create conditions for a just society.

Distribution of Power:

The Parliament:

•    All the elected representatives collectively form a body called as Parliament.
•    The Parliament consists of two houses namely Rajya Sabha (Upper House) and Lok Sabha (Lower House).
•    The majority group (elected through the election) in the Parliament is called upon to make the government.
•    The government is responsible for making policies and other national decisions, which are generally taken up after intensive debate and meaningful discussions in the parliament.
•    The Prime Minister is the head of the government. The prime minister presided over the meetings of the cabinet in which the big decisions are taken. 

The Executive:

 

•    The President of India is the head of the State; however, he/she exercises only nominal powers.
•    The President’s functions are mainly ceremonial in nature (similar to the Queen of Britain).

 The Judiciary:

•    The judicial system in India contains a hierarchy of courts, where the Supreme Court is the apex court of India.
•    Besides, some constitutional and other independent statutory bodies, for example, the Election Commission has also been given independent power.

 

Constitution:

A Constitution is a set of fundamental principles or guidelines according to which the country is to be governed.

 GOI (Government of India Act) 1935:  

 

Note: This is the major source of Indian Constitution.
•    Federal Scheme.
•    Office of Governor
•    Public Service Commissions 

US CONSTITUTION:

•    Judicial Review
•    Fundamental Rights
•    Independent Judiciary
•    Impeachment procedure of the President
•    The Vice President acting as the Chairman of the Upper House
•    Removal of the Supreme Court and High Court Judges.

 BRITISH CONSTITUTION:

•    Rule of law
•    Parliamentary form of government
•    Single Citizenship
•    Cabinet system
•    Legislative procedure
•    Bicameralism.

 

IRISH  CONSTITUTION (IRELAND):

 

•    Directive Principles of State Policy
•    Nomination of members to the Upper House
•    Election method of the President. 

CANADIAN CONSTITUTION:

•    Residuary powers with the centre
•    Federation with a strong centre
•    Appointment of State Governors by the Central Government
•    Advisory jurisdiction of the Supreme Court. 

SOUTH  AFRICAN CONSTITUTION:

•    Amendment procedure of the Constitution.
•    Method of election of the members to the Upper House. 

USSR: (UNION OF SOVIET SOCIALIST REPUBLICS)

•    Fundamental Duties
•    Ideals of Justice (Social, Economic and Political). 

FRANCE:

•    Republic
•    Ideals of Liberty, Equality and Fraternity in the Preamble. 

WEIMAR CONSTITUTION (GERMANY):

•    Suspension of Fundamental Rights during emergency (National Emergency). 

AUSTRALIAN CONSTITUTION:

•    Concurrent list
•    Joint sitting of 2 houses of the Parliament.