Sources of Indian Constitution | Indian Polity

In this Video we will discuss about the Sources of Indian Constitution.

My Course on Constitution of India: https://learn.finology.in/courses/legal/the-constitution-of-india-part-1

Indian constitution is the fundamental document that forms basis of Republic of India. It is the origin of the state, the government, citizenship, rights, liberty & justice. However, its is often criticised to not be original per se, because many of its provisions are borrowed from other countries.
Regardless of criticism, the constitution because of its borrowed character, is like a bouquet with best flowers picked up from different gardens. Different legal systems have evolved differently, giving rise to different legal principles as fruit of evolution.

Thus, borrowing provisions has helped the constitution to build upon the collective learning of the human kind. Let us check the provisions which have been sourced from outside in our constitution on by on:
1. The Government of India Act, 1935
2. British Constitution
3. US Constitution
4. Irish Constitution
5. Canadian Constitution
6. Australian Constitution
7. Weimar Constitution (Germany)
8. Soviet Constitution
9. French Constitution
10. South African Constitution
11. Japanese Constitution

This, the above-mentioned provisions are those which have been sourced from foreign legal system. it must not be concluded from the above that it is a copy paste, and hence constitutional provisions are hard to implement in India. These borrowed provisions are very basic provisions or the procedural provisions. Interpretation has been done in context of Indian society. For example, in addition to “equal protection
of law” or the affirmative actions, Indian constitution provides for reservation in employment. While concept of affirmative action finds its origin in the US constitution, reservations do not exist in the USA. Thus, the Indian constitution present the best ideas in the worlds with implementation & interpretation in a total Indian context.

Read More about this on my Blog: https://blog.finology.in/Legal-news/Sources-of-the-Indian-Constitution

My Course on Constitution of India: https://learn.finology.in/courses/legal/the-constitution-of-india-part-1

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