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A Sovereign Republic, fundamental

5. A Unique Document:- The critics sometimes allege that the constitution of India lacks originality. It is a “ hotch-potch constitution”.  It is a “ bag of borrowing”. They emphasise that it is the deliberate and cool-headed product of a group of eminent men who prepared its draft ‘ after ransacking all the known constitutions of the world”. Indeed a compendium of constitution precedents in three volumes was distributed among all members of the constituent Assembly, to enable them to embody some of the important precedents in their own constitution. Undoubtedly, we banked upon British constitutional practices a great deal.  The principle of representative responsible Government, providing for two heads, nominal and real, is essentially British. Rule of Law, privileges of Parliament and the establishment of several conventions are on the British pattern. The ideological part, dealing with Fundamental Right, is inspired by the American constitution. The role assigned to the judiciary is also like that of U.S.A. Indian Federal system is largely modeled on that of Canada though some of its features are designed after Australian and South Africa constitutions. The Directive Principles of State policy are on’ the pattern of Irish constitution. The election to the upper house of parliament and the procedure of amendment reflect the influence of South African constitution . The President’s authority to suspend the right to freedom and constitution remedy during emergency bears close resemblance to section 48 of the Weimer constitution of Germany. The Independent status of country necessitated many changes yet in framing the new polity, the constituent assembly did not proceed on doctrinaire lines. It made no abrupt break with the past. Reflection of the past is discernible in the following facts, The conception of constitutional government was not a product of western influences but was well recognized in the political theories of the ancient Hindus. Vedic as well as Epic Literature, works on as well as in  “Smritis” of codes of law bear ample testimony to this fact, Though monarchy was the prevailing type of Government, it was not the only form. The Republican states also existed. The existence of “Ganas” or self governing communities in the Mahabharata, of notable clans like Licchavis, the “Sakyas” and the “Mallavas” transacting business of the state in public assemblies as given in the sacred jain and Buddhish literature, of nonregal states as discussed by Greek observers like G. W. M'crindle and Megasthenes throw enough light on the fact that Republican form of Government is a relic of the past. ”.  It is a “ bag of borrowing”. They emphasise that it is the deliberate and cool-headed product of a group of eminent men who prepared its draft ‘ after ransacking all the known constitutions of the world”. Indeed a compendium of constitution precedents in three volumes was distributed among all members of the constituent Assembly, to enable them to embody some of the important precedents in their own constitution. Undoubtedly, we banked upon British constitutional practices a great deal. The role assigned to the judiciary is also like that of U.S.A.

Independent of Country
Government of India Act & Integration
A Unique Document

Continuity With The Past and Judicial Review

Emergency Powers

The Difference Between The Act of 1935 and The Present Constitution

important articles
Union Territories
Right of Citizenship
Equality of opportunity in matters of public employment
Directive Principles of State Policy
Powers , Privileges and Immunities
Conduct of business
Administrative Relations

unless the context otherwise requires

The Scheduled and Tribal areas
Emergency Provisions
Miscellaneous