IMPACT OF THE WORLD CONSTITUTIONS ON THE

FRAMING OF INDIAN CONSTITUTION

(Term paper towards the fulfilment of assessment in the subject of Constitutional

Governance II)

CONSTITUTIONAL GOVERNANCE II
(PROJECT)

Submitted By:

Submitted To:
Ms. Aakanksha

Kumar
B.B.A. LL.B. (Hons.) (II Semester)
Roll No. 1271

Faculty of Law
NLU, Jodhpur

National Law University, Jodhpur

Winter Session

(January-June)

Acknowledgement
It would not have been possible without the kind support and help of my teachers, parents
and friends.
I would like to extend my sincere thanks to all of them. I am highly indebted to Ms.
Aakanksha Kumar, Faculty of Law, for their guidance and constant supervision as well as for
providing necessary information regarding the research work & also for their support in
completing it.
I would like to express my gratitude towards my parents for their kind co-operation and
encouragement which helped me in completion of this project.
I would like to express my special gratitude and thanks to the IT Staff for providing all
necessary facilities for carrying out this work. I thank all members of the Library Staff for
providing me the assistance anytime needed.
My thanks and appreciations also go to my batch mates in developing the project and people
who have willingly helped me out with their abilities.
-

Harsh Salgia

Research Methodology
SUBJECT Constitutional Governance II
TOPIC Impact of the World Constitutions on the Framing of Indian Constitution
The researcher has adopted a purely doctrinal method of research from both primary and
secondary sources.
Majority of research work has been done via research work done by experts. Other sources
are like various works by learned authors has also been referred. The methodology adopted in
this work by me is historical, critical, and analytical, reviews on text books, statutes, journals,
case laws and scholarly works published on the internet.
AIMS AND OBJECTIVES
The aim of this project is to analyse the impact of the world constitutions on the Indian
Constitution.
SOURCES OF DATA
Following secondary sources of data has been used in this project:
Books
Websites
Articles
METHOD OF WRITING
The method of writing followed in the course of this project is primarily analytical.
MODE OF CITATION
The researcher has followed mode of citation as per Harvard Blue Book 19th Edition through
the course of this project.

Scope
The project tries to analyse and determine

The nature of the Indian Constitution.

Influence of American Legal Community on the minds of framers of the Indian

Constitution.
Impact of the well-defined democracy of Britain.
Influence made by Australian, South African, Irish and some other world constitutions

in the making of the Indian Constitution.

Comparative analysis of Indian Constitutions with some major world constitutions.

Introduction
On 26 January 1950, the bulk of the Indian Constitution took effect. In the process of framing
the Constitution, a document containing over 90,000 words, Indian "Founding Fathers"
"ransacked all the known constitutions of the world. Over a period of nearly three years, the
Constituent Assembly assiduously adopted and rejected provisions from other constitutions in
an effort to frame a constitution which would create and preserve a constitutional democracy
in India
With independence, the constituent assembly could move ahead with its work, having marked
with time since early in the year. By then, the assembly had become essentially a Congress
Party Body (it had a few communists and independents), because most of its original Muslim
League members had opted for Pakistan, Congress Muslims remained. The most important
exceptions to this one party complexion were a dozen persons prominent in law and public
affairs who the Congress had arranged be elected so that their talents could contribute to
constitution-making. Significant for the shaping of the Constitution was assembly members
daily encounter with the problems of governing, for the Assembly wore two hats. As the
Constitution Assembly, it drafted the Constitution during the afternoon and in the morning as
the Constituent Assembly; it was the Provisional, or Dominion, Parliament legislating for the
new nation.
The Constitution Assembly that drafted the worlds longest democratic constitution began its
work in New Delhi in December 1946.
The framers drew for the Constitutions provisions from three sources. The Government of
India Act, 1935, passed by Parliament in London was the foundation document. The Act
established a parliamentary system, contained vast administrative detail for the structure of
government, established a centralized federal system, and provided for the elections to
provincial legislatures. These, in 1937, brought the Congress Party to power in many
provinces. It provided the basis for government, national and provincial, until the newly
framed constitution replaced it in 1950.
The Constitutions spirit also came from a second source: the Objective Resolution adopted
during the December 1946 Assembly session, which itself drew from Congress Party

documents of two decades earlier. Nehru had drafted this resolution, which said that the
Indian Union, whose integrity was to be maintained, derived its authority and power from the
Indian People. It declared that there should be secured to all the peoplejustice, social,
economic and political; equality of status, of opportunity and before the law; freedom of
thought, expression, belief, faith, worship, vocation, association and action, subject to law
and public morality. The resolution also called for adequate safeguards for minority,
depressed and backward classes, and underdeveloped and tribal areas.
The third source from which the framers drew for the Constitutions provision was the other
constitutions in the world. They included, particularly, fundamental rights and a body of
social and economic desiderata called directive principles.
Therefore, the framers of the Indian Constitution ransacked the top most constitution of the
world and embodied great features in the Indian Constitution. In this way, major world
constitutions impacted on Indian Constitution. Throughout the project, we shall discuss the
about the influences made by world constitutions in vast.

Impact of the British Constitution

The British Constitution is made up of statute law, common law, and conventions. The British
Imperialists ruled over India for over 200 years. Under the influence of perpetual struggle for
independence since 1857, the British rulers have been gradually setting up representative
institutions to appease Indian leaders. These institutions attracted the attention of leaders of
times and were owned when independence was conferred. Besides some of their conventions
and institutions considered useful for running of our democratic set up, were adopted.
The following were some of such institutions and practices adopted by us and duly adapted to
the genius of our country:

Parliamentary System of Government

Parliamentary system of Government which provides for constitutional head of the state and
also real head of the government is an import from Great Britain. 1 They have monarch as the
nominal head of the state2 and prime minister, the elected head of the majority party in the
lower house as the head of the government enjoying the real powers. We had opted for
Republic instead of monarchy. Hence, President was to be nominal head of the state (a
constitutional head) and Prime Minister elected head of the majority party (now a coalition)
as the head of the government. The Council of Ministers headed by the Prime Minister is
collectively responsible to the lower house in both the countries.

Speaker of Lok Sabha

Under the British Constitution, it is mentioned as the Speaker of House of Commons under
Article 32(1). The speaker of the Lok Sabha like his counterpart in Great Britain is neutral in
politics in the house. He is to be non-partisan. However unlike Britain Speaker he does not
get sentence of exile from politics. He remains a partyman outside the house. Hence unlike
the Britain, the Indian speaker changes when the other party comes in power. In U.K. once a
1 Mentioned under Article 32 to 41 in Part 2 of Chapter 2 of the unwritten constitution of United
Kingdom
2 Under Article 31 in Part 1 of Chapter 2 of the Constitution of United Kingdom

speaker always a speaker principle is followed. That is not the case in India. For example
Manohar Joshi was the speaker in the preceding Lok Sabha dominated by NDA led by BJP.
Prior to the constitution of XVth Lok Sabha, Som Nath Chatterjee a Marxist supported by the
Congress and other members of UPA (United Parties Alliance) happened to be the speaker.

Bicameralism
Like Great Britain India has opted for Bicameralism. Lok Sabha (the lower house) like its
counterpart, the House of Commons 3 in U.K. is more powerful than Rajya Sabha (the Upper
House). House of Lords4 - the Upper House in U.K. and the Rajya Sabha - the Upper House
in India are secondary chambers both in powers, and influence.

Concept of Rule of Law

Like U.K. India has opted for the concept of Rule of Law. Equality before law prevails in
both the countries. Though we have opted for Parliamentary form of Government as in U.K.,
yet we have not hesitated to mould it accordingly to our circumstances.

3 Article 32 of the British Constitution

4 Article 37 of the British Constitution

Imprint of USA
The Constitution of USA had tremendous influence on the Indian Constitution. Like USA,
India opted for written constitution. Though ours is a huge document unlike that of American
Constitution which is too brief written constitution, the following features have still been
adopted from American Constitution.

Preamble: Spirit of the Indian Constitution

Ever since the formation of the United States of America, liberal democracies in the world
have put a preamble to their constitution. This is in keeping with the juristic tradition over the
world according to which legislations are prefaced by a statement of its objectives primarily
to guide the executive and the judiciary in the interpretation and proper application of law. A
constitution being the Supreme Law of a country a statement of its objective is of profound
importance.
Apart from the ideals for which the Congress was striving, constitutional precedents also
underlined the need for laying down objectives.5 In the Constitution of United States of
America the purpose of the Union was laid down as being to establish justice, insure
domestic tranquillityand our posterity The Irish Constitution had also embodied national
goals in its preamble. In these circumstances it was perhaps inevitable that the Experts
Committee appointed by the Congress in July 1946, to prepare material for the Assembly
should have turned its mind to the formulation of objectives. In wording, the Objectives
Resolution eventually moved in the constituent assembly by Nehru closely followed the draft
declaration framed by the committee.6
Thus, like USA we have also provided Preamble of the Constitution which is a part of the
constitution. Our constitution commences like that of American Constitution, with the words,
We the people of i.e. In case of USA, it is the people of USA, in our case, the people of
India.

5 Select Documents V, p. 120

6 Ibid., I, 64(ii), p. 279

The language of the preamble is as follows:

WE, THE PEOPLE OF INDIA, having solemnly resolved to

constitute India into a [SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC]7 and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the
[unity and integrity of the Nation]8;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.

Supreme Court of India: Chief Appellate Authority & Saviour of the Constitution
The Supreme Court of India which is the chief appellate authority in the country is the
counterpart of the American Supreme Court. The subject matter of judiciary is enshrined
under Article III of the American Constitution. Both are the saviours of the Constitution and
guardian of Fundamental Rights. Both possess judicial review authority which has turned
them into third chambers. Judicial over-activism of Indian Supreme Court is comparable with
judicial despotism of American Supreme Court. Independence of judiciary is considered the
hall mark of judicial system in both the countries. It is considered of the major impact
successfully made by the American Constitution on Indian Constitution.
7 Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 2, for "SOVEREIGN
DEMOCRATIC REPUBLIC" (w.e.f. 3-1-1977)
8 Subs. by s. 2, ibid., for "unity of the Nation" (w.e.f. 3-1-1977)

 Power and Status of Vice President

The powers and status of Vice-Presidents in both the countries is almost the same. In India,
however, the Vice-President is the ex-officio chairman of the Rajya Sabha but that is not the
case in USA. Besides if President of USA dies in office, the vice-president becomes the
President for the remaining period of Presidential tenure.
In India, the Vice-President can hold the office in case of vacancy till the President is elected.
He can enjoy this tenure during vacancy of office maximum for six months. In other words,
the constitution of India makes it obligatory to re-elect the President within six months of
Presidential vacancy. This clearly reflects deviation from American practice suiting our
circumstances.

Fundamental Rights
Many Asian countries reflect, directly and indirectly, the influence of the American Bill of
Rights and the institution of judicial review,9 no other nation has had a polity more receptive
to the Fundamental Rights enshrined in the American Constitution, nor a judiciary more
conscientious in its attempt to guard those rights, than India. As Dr. Ambedkar, the chief
architect of the Indian Constitution, reminded his colleagues in the Constituent Assembly
debates, "[there is nothing to be ashamed of in borrowing. Thus, the Indian Constitution
contains, with somewhat greater specificity, all of the fundamental rights guaranteed in the
American Bill of Rights. Of all the fundamental rights incorporated into the Indian
Constitution, the right to equal protection of the laws 10 has been, in many respects, the
guarantee of greatest importance to the people of the worlds largest democracy.
Similar Concepts of Equality in India and the United States:
Both the American and Indian Constitution guarantee to every person equal protection of
laws. The United States Constitution provides this guarantee in the fourteenth amendment. 11

9 See L. Beer, Constitutionalism in Asia (1979).

10 No state shall deny to any personthe equal protection of the laws. U.S. Constitution
Amendment XIV, Section 1.
11 The fourteenth amendment provides this guarantee expressly. The due process guarantee of the
Fifth Amendment has been held to incorporate the equal protection guarantee of the fourteenth
amendment, thus barring, for example, adverse racial discrimination by the federal government. See
Bolling v Sharpe, 347 U.S. 497 (1954)

The Indian Constitution uses identical language in Article 14, but provides greater amplitude
to the guarantee of equality by including the phrase equality before the law.12
The phrase equality before the law has its origin in the English Rule of Law. Equality
before the law is a negative concept which implies that no person shall have right to assert
special privileges before the law. Conversely, it implies that all persons shall be entitled to
equal treatment under one formulation of the law. Thus, this phrase implies both that no
person shall be above the law and that there shall be an absence of arbitrariness in the law.

Judicial Review
The Indian Constitution provides for judicial review of legislative and executive actions at
the State and Federal levels, paralleling Articles III and IV of the United States Constitution.
Within the law of India, the Constitution is supreme. As in the United States, the Indian
Supreme Court, apparently following John Marshall's reasoning in Marbwy v. Madison, has
asserted and established, as a matter of law, the final power to interpret the constitution: On
constitutional questions, the Supreme Court is the last avenue of appeal.' Although India
formally adopted the Westminster model, the Indian Constitution was framed only after highlevel consultations with American legal scholars, reference to American constitutional text,
and special attention to early American Supreme Court decisions.

Influence of the US Supreme Court Decisions & of Consultation with the American
Legal Scholars, Judges
During the consultation, Justice Frankfurter suggested to Mr. Rao that the ubiquitous "due
process" clause of the fifth and fourteenth amendments be excluded from the Indian
Constitution. He was of the opinion that this clause was "undemocratic," since it gave a few
judges the power to veto legislation enacted by the representatives of the people. Justice
Frankfurter also found fault with the clause for placing an unfair burden upon the judiciary.
Consequently, the words "due process" does not appear in the Indian Constitution. As a
foreseeable result of this deliberate omission, there have been no decisions striking down
economic or social legislation on the grounds of "substantive due process." However, there is
a guarantee of procedural due process found in Article 21. Dr. Jessup and Professor Dowling
suggested to Mr. Rao that the federal government be given power to legislate on subjects
12 Article 14 provides that [t]he State shall not deny to any person equality before the law or the
equal protection of the law within the territory of India.

typically provincial in nature, if these subjects become of national importance. Coupled with
what Mr. Rao perceived to be insensitivity on the part of American courts earlier in this
century to "public needs in the social or economic sphere." The advice of Jessup and Dowling
has influenced the Indian framers to introduce a number of innovations not found in the
American "mother"' document. For example, the equality provisions of Articles 15(3), 15(4),
and 16(4), as well as certain directive principles, namely Article 46 as mentioned above, a
commitment to "preferential treatment" or "protective discrimination" as the most effective
means of eliminating vast inequalities in Indian society.
Another illuminating example of the influence of early U.S. Supreme Court decisions upon
the framing of the Indian Constitution is Article 24. This article reads as follows: Prohibition
of employment of children in factories, etc. - No child below the age of fourteen shall be
employed to work in any factory or mine or engaged in any other hazardous employment.
This article may be a deliberate, consciously articulated response to the famous American
Child Labor Case and to the line of American Supreme Court decisions which followed the
Court's reasoning in Lochner v. New York. The Lochner line of reasoning, which struck down
progressive and redistributive social and economic legislation [including both state and
federal] on "substantive due process" grounds, had actually began with Allgeyer v. Louisiana
in 1897 and ended with West Coast Hotel v. Parrish in 1937. The intervening string of United
States Supreme Court decisions reflected a belief, held by the Court during the period 1897 to
1937, that the United States Constitution embodied the concept of laissez-faire economics
and, therefore, imposed few positive obligations on the state to actively promote social and
economic welfare. Similarly, in framing Article 15(3), which reads, nothing in this article ...
shall prevent the state from making any special provision for women and children, American
decisions were inspirational. As Basu has observed, "there is little doubt that, in framing
Article 15(3), the makers of our Constitution were inspired by American decisions such as
Muller v. Oregon... Thus, the Indian Constitution includes a number of specific articles which
give clear direction to the judiciary on the question whether to interpret "equal protection of
the laws" to include preferential treatment for minorities. Lessons imparted by American
legal scholars, judges, justices, and early United States Supreme Court decisions, were
translated into express guarantees of rights deemed fundamental by Indian framers. The "due
process" clause was excluded, while the "equal protection" clause was included, in
combination with specific protective guarantees. Perhaps the most important lesson imparted
by American legal scholars and early United States Supreme Court decisions was this: To the

greatest extent possible room should not be left within the four corners of the Indian
document, for interpretations which would oppose the intent of the framers. Despite heroic
and exhaustive efforts to achieve the goal of specificity, the Indian judiciary has often been
required to supply meaning to the fundamental rights articulated in Chapter III of the Indian
Constitution. Chief among rights requiring interpretation has been the Article 14 guarantee of
"equal protection." The Indian judiciary has, again, turned to the American legal community
and to the United States Supreme Court for guidance.

Canadian Influence
Federal Structure of the Government
We have opted for Federal structure of Government on Canadian pattern. Like Canada, we
have made centre more powerful. Our Federal structure is termed as Quasi-federal i.e.
Federal with unitary bias. Canadian centre is very powerful, so is the case with Indian Union
government. Special powers have been accorded to the Union government for all possible
eventualities.
The division of the subjects between the centre and the units and the provision of lists is to a
great extent on Canadian lines. The Canadian constitution provides for lists of legislative
powers, central and provincial. The residuary powers have been given to the centre. The
Indian Constitution refers to three lists Union, State and Concurrent. The residuary powers
have been entrusted to the centre. Evidently Indian Constitution has Concurrent List an
additional list; the rest of division of powers seems to be similar to the Canadian Constitution.

Australian Constitutions Impact

Concurrent List Pattern
In drawing up an elaborate concurrent list, the fathers of Indian Constitution followed the
Australian pattern. Under the Australian Constitution, the subjects in the concurrent list are
39. In India Concurrent list had 37 subjects to begin with. They were increased to 52
subsequently. The method of resolution of disputes between the centre and the state has also
been taken from Australia (Article 251 by the Indian Constitution).

Irish Constitutions Influence

Directive Principles of State Policy
The directive principles of state policy have been adopted from Irish Constitution. In the
Ireland Constitution, these principles are titled as Directive Principles of Social Policy
under Article 45 of Chapter XIII. Initially, Ireland borrowed this feature from the Constitution
of Japan.

Electoral College: The System of Election of President of India

The system of election of President of India through specially constituted Electoral College
has been drawn from Irish Constitution. Under the Irish Constitution it is enumerated under
Article 12 of Chapter III titled The President.

Representation of Talent in Rajya Sabha

Representation of talent in the Rajya Sabha (to the extent of 12) has been adopted from Irish
Republic (Sinead Eireaun). In case of India, these 12 mentioned members nominated are to
be drawn from persons having special knowledge or practical experience in respect of matters
like science, art, literature, or social service.

Impact of Constitution of Japan

Balance between Parliament and Judiciary
A balance between Parliamentary sovereignty and judicial supremacy has been maintained on
the lines of the Constitution of Japan.

Law Making Procedure

The law making procedure laid down in the Indian Constitution has also been considerably
influenced by the Constitution of Japan.13

13 Under Article 59, Chapter IV of the Japan Constitution

South Africas Influence

The Procedure of Constitutitonal Amendment
The procedure of Constitutional amendment and also the method of election of the members
of Rajya Sabha have been drawn from the Constitution of South Africa.

Influence of Weimer Constitution of Germany

Emergency Powers
The emergency powers vested with President of India are on the lines of similar powers
conferred on the President of German Republic according to article 48 of Weimer
Constitution of Germany. Indian Constitution framers reformed little the emergency powers
as these are specifically categorized in the Constitution of India. However these powers were
later abused by Hitler when he came to power and assumed dictatorial authority. In India also
emergency powers are said to have been abused during the Prime Minister Indira Gandhi.
These emergency powers when incorporated in the Indian Constitution led a member of the
Constitution Assembly to remark it is a day of shame. God save the Indian people.

Conclusion
The influenced made by the other constitutions in the world as mentioned in the preceding
pages make it crystal clear that the Indian Constitution is not only the outcome of the
deliberations in the Constituent Assembly or a Draft Constitution skilfully drafted by the
legal experts and intellectual giants but also is the blend of executive orders and decrees of
the executive, the enactments by the representatives of the Indian citizens in the national
legislatures, the judicious decisions of the legal luminaries and the healthy precedents and
usage for running the parliamentary institutions on right lines. In fact, the unwritten part of
the constitution has not only removed certain constitutional ambiguities but also added to the
stature of our Parliamentary democracy.

Bibliography
Statutes

The Constitution of India

The Constitution of United States of America
The Constitution of the Weimar Republic of Germany (1919-1933)
The Constitution of United Kingdom
The USSR Constitution
The Constitution of Ireland
The Constitution of Japan
The Constitution of Australia
The Constitution of Canada
The Constitution of South Africa
The French Constitution

Treatises

MV Pylee, Constitution of the World, 4th Edition (2012)

Websites

http://appscgroup.blogspot.in/2008/05/influence-of-other-consitutions-on.html
http://taofficers.blogspot.in/2013/12/borrowed-features-of-indian.html
http://www.gkduniya.com/indian-constitution-borrowed
http://www.facts-about-india.com/borrowed-features-of-constitution.php
http://www.importantindia.com/1986/main-features-of-indian-constitution/
https://en.wikipedia.org/wiki/Constitution_of_India#See_also
http://www.erewise.com/current-affairs/salient-features-of-the-constitution-of-

india_art52f4d21832d1e.html#.VunZ7vl96hd
https://www.academia.edu/6611860/Salient_Features_of_Indian_Constitution