Model Answer
0 min readIntroduction
The Indian Constitution, adopted in 1950, is often lauded as a unique document blending diverse influences. While rooted in India’s ancient traditions and socio-political realities, it was profoundly shaped by the liberal-democratic ideology prevalent in the West during the colonial and post-colonial periods. Liberal democracy, at its core, emphasizes individual rights, limited government, the rule of law, and representative governance. The Indian nationalist movement, educated in Western institutions and exposed to Enlightenment ideals, consciously adopted and adapted these principles while crafting the foundational document of independent India. This influence is evident in the Constitution’s fundamental rights, its structure of government, and its commitment to secularism.
Western Liberal-Democratic Influences on the Indian Constitution
The impact of Western liberal-democratic thought can be traced through several key areas:
1. Fundamental Rights
- Influence: The concept of fundamental rights – enshrined in Part III of the Constitution (Articles 12-35) – is directly derived from the Bill of Rights in the US Constitution and the Universal Declaration of Human Rights (1948).
- Specific Rights: Rights like equality before the law (Article 14), freedom of speech and expression (Article 19), and protection of life and personal liberty (Article 21) mirror similar provisions in Western liberal democracies.
- Example: The right to constitutional remedies (Article 32), allowing individuals to approach the Supreme Court for enforcement of fundamental rights, is a unique feature but is inspired by the writ jurisdiction prevalent in common law systems.
2. Parliamentary System & Separation of Powers
- Influence: India adopted the Westminster model of parliamentary democracy from the United Kingdom. This included a bicameral legislature (Rajya Sabha and Lok Sabha), a Prime Minister as the head of government, and a cabinet responsible to the legislature.
- Separation of Powers: The Constitution implicitly embraces the doctrine of separation of powers, dividing authority among the legislature, executive, and judiciary, although not as rigidly as in the US system.
- Committees: The Drafting Committee, led by Dr. B.R. Ambedkar, extensively studied constitutions of various countries, including the UK, US, Canada, and Ireland, before finalizing the Indian Constitution.
3. Judicial Review & Independence of Judiciary
- Influence: The concept of judicial review, where the judiciary can declare laws unconstitutional, is borrowed from the US system (Marbury v. Madison, 1803).
- Independence: Provisions like security of tenure for judges, separation of the judiciary from the executive, and financial independence aim to ensure an independent judiciary, a cornerstone of liberal democracies.
- Example: The landmark Kesavananda Bharati case (1973) affirmed the basic structure doctrine, limiting the Parliament’s power to amend the Constitution and upholding judicial supremacy.
4. Secularism & Rule of Law
- Influence: The concept of secularism, though interpreted uniquely in the Indian context, draws from Western liberal thought emphasizing state neutrality towards religion.
- Rule of Law: The principle of the rule of law, meaning everyone is subject to the law, including the government, is a fundamental tenet of liberal democracies and is enshrined in the Indian Constitution.
Divergences from the Western Model
While heavily influenced, the Indian Constitution also diverged from the Western model in several ways:
- Directive Principles of State Policy (DPSP): These are non-justiciable guidelines for governance, aiming for social and economic justice, which are more interventionist than typically found in classical liberal thought.
- Fundamental Duties: Added by the 42nd Amendment (1976), these emphasize citizens’ responsibilities towards the nation, a concept less prominent in early Western liberal constitutions.
- Social Justice & Equality: The Indian Constitution places a greater emphasis on social justice and equality, including affirmative action policies (reservations), than many Western constitutions.
Conclusion
In conclusion, the Indian Constitution undeniably bears the imprint of Western liberal-democratic ideology. The emphasis on fundamental rights, parliamentary governance, judicial independence, and the rule of law are all testaments to this influence. However, the Constitution is not a mere replica of Western models. It creatively adapted these principles to the unique socio-economic and political context of India, incorporating elements of social justice and a commitment to a welfare state, resulting in a distinctly Indian constitutional framework. The ongoing interpretation and evolution of the Constitution continue to shape its character, balancing liberal ideals with the aspirations of a diverse and developing nation.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.