What are the main sources of Indian constitution (Important Sources of the Indian Constitution For UPSC, SSC, CGL, CHSL and various exams)

The Indian Constitution is the backbone of democracy in our nation. It serves as a protective umbrella of rights, ensuring a free and just society for all citizens.

The Constituent Assembly adopted the Constitution on November 26, 1949, and it came into effect on January 26, 1950.

Government of India Act, 1935 Sources of the Indian Constitution

The Constitution of 1950 was a byproduct of the legacy initiated by the Government of India Act, 1935. This was the longest legislation passed by the British government, comprising 321 sections and 10 schedules. The Act drew its content from four primary sources—the Simon Commission Report, the Third Round Table Conference, the 1933 White Paper, and discussions and deliberations on reports from joint select committees.

This Act abolished the system of provincial hierarchy and recommended the establishment of dyarchy at the center and a “Federation of India,” which included provinces of British India along with most princely states.

Most significantly, the Act established the office of the Governor, concentrating all executive powers and authority in the Governor-General.

Key Features of the Government of India Act, 1935:

• Federal Legislature: The Act proposed a bicameral legislature comprising the Council of States (upper house) and the Federal Assembly (lower house). The Council of States was a permanent body with a three-year tenure, consisting of 260 members—156 representing British India and 101 from princely states. The Federal Assembly, with a tenure of up to five years, comprised 250 representatives from British India and 125 from princely states.
• Provincial Autonomy: The Act enabled provincial governments to function independently, making them accountable solely to their respective legislatures, free from external control or intervention. It introduced a threefold division of powers between the center and provinces—Federal List (59 subjects for the center), Provincial List (54 subjects for provinces), and Concurrent List (36 subjects for both). Residual powers were vested in the Viceroy.

Influences from Other Constitutions

United Kingdom Sources in the Indian Constitution

Several concepts and features of the Indian Constitution have their origins in Great Britain, including:

• Parliamentary System of Government: Under this system, the country is governed by a cabinet of ministers led by the Prime Minister. The Prime Minister is the head of the government, while the President serves as the nominal head of state. A fundamental aspect of this system is the presence of an opposition party, which ensures checks and balances on the ruling government.
• Rule of Law: This principle asserts that governance is based on laws rather than the whims of rulers. It ensures that all individuals, including those in power, are subject to the same legal framework. Article 14 of the Indian Constitution enshrines this concept.
• Single Citizenship: This means that an individual born or migrated to Indian territory enjoys the political and civil rights of only India, without dual nationality. Furthermore, the Indian state does not recognize state-level citizenship, ensuring uniform rights across all states.

United States of America Sources in the Indian Constitution

The Indian Constitution has borrowed several crucial elements from the U.S. Constitution, including:

• Fundamental Rights: Articles 12 to 32 of the Indian Constitution enumerate fundamental rights, ensuring equality and protection for all citizens. These include the Right to Equality, Right to Freedom, Right Against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
• Judicial Review: This provision empowers the judiciary to interpret the Constitution, allowing courts to nullify any executive or legislative action that contradicts constitutional principles.
• Basic Structure Doctrine: This legal principle, unique to Indian jurisprudence, establishes that Parliament’s power to amend the Constitution is not absolute. It cannot alter or destroy its fundamental structure. This doctrine was firmly established in the Kesavananda Bharati v. State of Kerala (1973) case.

The Supreme Court, in earlier rulings, had upheld that all constitutional provisions, including fundamental rights, were amendable under Article 368. However, the Kesavananda Bharati case ruled that constitutional amendments must not infringe upon its basic structure. This principle was further reinforced during the Emergency of 1975, when then-Prime Minister Indira Gandhi attempted to bypass judicial scrutiny through the 39th Amendment, which was ultimately struck down.

Additionally, the provisions for impeachment of the President (Article 61) and removal of judges (Article 124(4)) were also influenced by the U.S. Constitution.

Ireland Sources in the Indian Constitution

From the Irish Constitution, India borrowed the Directive Principles of State Policy (DPSP), outlined in Part IV of the Indian Constitution. These principles, though non-justiciable, guide the state in enacting laws for socio-economic justice. They are broadly classified into three categories—Socialist Directives, Gandhian Directives, and Liberal-Intellectual Directives.

The nomination process for Rajya Sabha members also follows the Irish model.

Canada Sources in the Indian Constitution

The Indian Constitution adopted several provisions from Canada, including:

• A federal structure with a strong center
• Residuary powers vested in the central government
• Appointment of Governors by the central government
• Advisory jurisdiction of the Supreme Court (Article 143)

Under Article 248, Parliament has the exclusive power to legislate on matters not listed in the Union or State Lists. Additionally, Article 143 allows the President to seek the Supreme Court’s opinion on significant legal and constitutional matters.

France Sources in the Indian Constitution

The ideals of Liberty, Equality, and Fraternity, embedded in the Preamble of the Indian Constitution, are inspired by the French Revolution. The term Republic of India also follows the French constitutional tradition.

Australia Sources in the Indian Constitution

Australia’s Constitution influenced provisions such as:

• Freedom of trade and commerce within and between states (Articles 301-307)
• Concurrent List and the mechanism for resolving conflicts through joint parliamentary sittings

South Africa and Germany Sources in the Indian Constitution

• South Africa: Inspired the procedure for constitutional amendments and election of Rajya Sabha members
• Germany: Contributed to the provision for suspension of Fundamental Rights during emergencies

Writs and Constitutional Remedies Sources in the Indian Constitution

The Indian Constitution provides for five types of writs, ensuring constitutional remedies:

1. Habeas Corpus: Directs authorities to present a detained individual before the court and justify their detention.
2. Mandamus: Commands a lower court or government body to fulfill a public duty.
3. Certiorari: Empowers the Supreme Court or High Courts to annul decisions of lower courts if they exceed their jurisdiction.
4. Prohibition: Prevents lower courts from proceeding with cases beyond their legal authority.
5. Quo-Warranto: Challenges a person’s authority to hold a public office they are not legally entitled to occupy.

Article 32 provides the right to constitutional remedies, allowing individuals to directly approach the Supreme Court for the enforcement of fundamental rights. Article 226 extends similar powers to High Courts.

• Article 32(1): Guarantees the right to move the Supreme Court for the enforcement of fundamental rights.
• Article 32(2): Grants the Supreme Court the power to issue appropriate directions, orders, or writs.
• Article 226(1): Empowers High Courts to issue writs not only for fundamental rights but also for other legal purposes.

Conclusion Sources of the Indian Constitution

India’s Constitution is a remarkable amalgamation of principles borrowed from multiple sources, adapted to suit the country’s diverse socio-political landscape. It serves as the bedrock of democratic governance, ensuring justice, equality, and individual freedoms while maintaining the unity and integrity of the nation.

Indian Constitution

1. What are the main sources of the Indian Constitution?
The Indian Constitution is influenced by multiple sources, including:

• Government of India Act, 1935 (primary source)
• British Constitution (Parliamentary system, Rule of Law)
• U.S. Constitution (Fundamental Rights, Judicial Review)
• French Constitution (Liberty, Equality, Fraternity)
• Canadian Constitution (Federation with strong Centre)
• Irish Constitution (Directive Principles of State Policy)

2. What is the importance of the Constitution of India?
The Constitution of India is the supreme legal authority that defines the framework of governance. It ensures:

• Protection of Fundamental Rights
• Separation of Legislative, Executive, and Judiciary
• Establishment of Democratic Governance
• Social, Economic, and Political Justice

3. What is the source of power of the Indian Constitution?
The Indian Constitution derives its power from “We, the People of India.” It grants authority to the Legislative, Executive, and Judiciary, ensuring they function within constitutional limits.

4. Who is the father of the Indian Constitution?
Dr. B. R. Ambedkar is regarded as the father of the Indian Constitution. He chaired the Drafting Committee, which framed the Constitution.

5. What are the sources of law in India?
The main sources of Indian law include:

• The Constitution of India (supreme law)
• Statutory Laws (Parliament & State Legislatures)
• Customary Laws
• Judicial Decisions (Precedents)
• Delegated Legislation (Rules & Regulations)

6. Who signed the Indian Constitution?
The Constitution was signed by 284 members of the Constituent Assembly on 26 November 1949, and it came into effect on 26 January 1950.

7. What is the source of the Indian Constitution (Class 11)?
The Government of India Act, 1935 is considered the primary source of the Indian Constitution. It provided the basic administrative framework later adapted into the Constitution.

8. What is the golden triangle of the Indian Constitution?
The Golden Triangle consists of:

• Article 14 – Right to Equality
• Article 19 – Right to Freedom
• Article 21 – Right to Life and Personal Liberty

9. Which country influenced the Indian Constitution the most?
The Indian Constitution borrowed concepts from several countries. However, the Government of India Act, 1935 and the British parliamentary system had the most significant impact.

10. What are the main points of the Indian Constitution?

• India is a Sovereign, Socialist, Secular, Democratic Republic
• Guarantees Justice, Liberty, Equality, and Fraternity
• Provides Fundamental Rights and Duties
• Establishes Directive Principles of State Policy (DPSP)
• Defines the Structure of Government

11. What is the main source of philosophy of the Indian Constitution?
The Preamble reflects the philosophy of the Constitution. It emphasizes:

• Sovereignty
• Socialism
• Secularism
• Democracy
• Justice, Liberty, and Equality

12. What is the making and sources of the Indian Constitution’s Preamble?
The Preamble is based on Jawaharlal Nehru’s Objectives Resolution (1946). It was officially adopted on 26 November 1949 and came into force on 26 January 1950.

13. What is the main basis of the Indian Constitution?
The Government of India Act, 1935 served as the foundation for the Indian Constitution, influencing federalism, governance structure, and administrative provisions.

14. Who wrote the main Constitution of India?
The drafting of the Indian Constitution was led by:

• Dr. B. R. Ambedkar (Chairman of Drafting Committee)
• B. N. Rau (Constitutional Advisor)
• Surendra Nath Mukherjee (Chief Draftsman)

15. What is the full form of India?
The official name of India is “Republic of India.” However, “India” is derived from the River Indus.

16. What are the 7 pillars of the Indian Constitution?
The seven fundamental values are:

1. Democracy
2. Equality
3. Reconciliation
4. Diversity
5. Responsibility
6. Respect
7. Freedom

17. Why is India called a republic?
India is a republic because the head of state (President) is elected and not a hereditary monarch.

18. Who is the father of the Indian Preamble?
Pandit Jawaharlal Nehru drafted the Objectives Resolution, which later became the basis of the Preamble.

19. How many articles are there in the Indian Constitution?
The original Constitution had 395 articles in 22 parts. Currently, it has 448 articles due to amendments.

20. How many amendments are there in the Indian Constitution?
As of 2024, there are 105 amendments to the Indian Constitution.

21. What are the five names of India?
India is known by several names, including:

1. Bharat
2. Aryavarta
3. Hindustan
4. Tenjiku
5. Jambudweep

22. When is Republic Day celebrated?
India celebrates Republic Day on 26 January every year, marking the adoption of the Constitution in 1950.

23. What was the main source of inspiration for the Indian Constitution?
The Government of India Act, 1935 was the principal source, along with influences from the British, American, and French Constitutions.

24. What are the 11 Fundamental Duties of Indian citizens?
The 11 Fundamental Duties include:

1. Respect the Constitution, National Flag, and Anthem
2. Cherish India’s freedom struggle ideals
3. Protect sovereignty, unity, and integrity
4. Defend the country
5. Promote harmony and brotherhood
6. Value and preserve cultural heritage
7. Protect and improve the environment
8. Develop scientific temper and humanism
9. Safeguard public property
10. Strive for excellence
11. Provide education to children aged 6-14 (Article 51A(k))

25. What is the main aim of the Indian Constitution?
The Constitution aims to:

• Ensure justice, liberty, and equality
• Promote democratic governance
• Protect Fundamental Rights
• Establish a welfare state

26. How many acts are there in India?
As of 2024, India has over 890 Central Acts in force.

27. Who made the Indian Constitution?
The Constituent Assembly of India drafted the Constitution under Dr. B. R. Ambedkar’s leadership.

28. What is Article 51A(k)?
Article 51A(k) makes it a duty of parents or guardians to provide education to children between 6-14 years.

29. What is DPSP?
Directive Principles of State Policy (DPSP) are guidelines for the government to promote social justice, economic welfare, and political equality. They are non-justiciable but fundamental to governance.

30. What do Articles 12 to 35 cover?
Articles 12-35 deal with Fundamental Rights, including:

• Right to Equality
• Right to Freedom
• Right against Exploitation
• Right to Freedom of Religion
• Cultural and Educational Rights
• Right to Constitutional Remedies