One of the key persons who played a vital role in drafting and shaping the Indian Constitution was Sir Benegal Narsing Rau, popularly known as B.N. Rau (1887-1953). He prepared a draft constitution based on his own research and study of various constitutions around the world. He was an Indian civil servant, jurist, diplomat and statesman who was appointed as the Constitutional Adviser to the Constituent Assembly in 1946. He was responsible for providing legal expertise and guidance to the members of the assembly during the process of drafting and debating on various articles and clauses. The Indian Constitution has borrowed from the Government of India Act 1935 as well as from constitutions of different countries. A few countries have influenced the Indian Constitution. The features that India has adopted from these countries are:
- United States of America: The Indian Constitution incorporated key aspects from the American Constitution, such as fundamental rights, an independent judiciary, judicial review, the process for presidential impeachment, the mechanism for the removal of Supreme Court and High Court judges, and the establishment of the vice-presidential role.
- The United Kingdom: Elements borrowed from the British Constitution were the parliamentary system of government, the rule of law, legislative procedures, the concept of single citizenship, the cabinet system, prerogative writs, parliamentary privileges, and the adoption of bicameralism.
- Ireland: The Indian Constitution drew inspiration from the Irish Constitution in areas like directive principles of state policy, the nomination of Rajya Sabha members, and the method of presidential election.
Constituent Assembly meeting | Credit: Wikimedia Commons
- Canada: Features from the Canadian Constitution found their way into the Indian Constitution, such as federalism with a powerful central government, the vesting of residuary powers in the central authority, the appointment of state governors by the central government, and the advisory jurisdiction of the Supreme Court.
- Australia: The concurrent list, the principles of freedom in trade, commerce, and intercourse, and the concept of joint-sitting in Parliament were among the elements borrowed from the Australian Constitution.
- Germany (Weimar): A key feature assimilated from the German Constitution pertains to the suspension of fundamental rights during times of emergency.
- Japan: The procedure established by law was adopted from the Japanese Constitution. It is a concept that means that a law that has been passed by the legislature or the concerned body is valid only if the correct procedure has been followed to the letter.
- France: Some features mirrored the French Constitution, including the republican form of government and the principles of liberty, equality, and fraternity as enshrined in the preamble.
- South Africa: Elements from the South African Constitution include procedures for constitutional amendments and the election of Rajya Sabha members.
- Soviet Union (USSR): The Indian Constitution incorporated features from the Soviet Constitution, notably the inclusion of fundamental duties and the ideals of justice, encompassing the social, economic, and political dimensions, as articulated in the preamble.
Continue to the next section: Key Features of the Constitution