Model Answer
0 min readIntroduction
The Indian Constitution, adopted in 1950, is often described as a ‘borrowed constitution’ due to its incorporation of features from various constitutions worldwide. Among these, the British Constitution holds a prominent position, reflecting India’s long history as a British colony and the influence of British legal and political thought. The framers of the Indian Constitution, led by Dr. B.R. Ambedkar, consciously adopted several principles from the British system, adapting them to suit India’s unique socio-political context. This imprint is visible in areas ranging from the structure of the legislature to the concept of individual liberties.
Parliamentary System of Government
The most significant imprint of the British Constitution is the adoption of the Parliamentary form of government, as opposed to the Presidential system prevalent in the United States. This includes features like:
- Nominal Head of State: The President of India, like the British Monarch, is a constitutional head with largely ceremonial powers.
- Real Executive Power: The Prime Minister and the Council of Ministers, responsible to the Parliament, exercise real executive power.
- Collective Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha (House of the People).
- Vote of No Confidence: The Parliament can remove the government through a vote of no confidence, mirroring the British system.
Rule of Law
The concept of the Rule of Law, a cornerstone of the British legal system, is enshrined in the Indian Constitution. This principle, articulated by A.V. Dicey, emphasizes:
- Supremacy of Law: Everyone, including the government, is subject to the law.
- Equality Before Law: All citizens are equal before the law, regardless of their status. (Article 14 of the Indian Constitution)
- Judicial Review: The judiciary has the power to review laws and executive actions to ensure their conformity with the Constitution.
Common Law System
India inherited the Common Law system from Britain. This means:
- Precedent: Judicial decisions serve as precedents for future cases.
- Codification: While India has codified laws, the principles of common law continue to influence judicial interpretation.
- writs: The concept of writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) borrowed from British common law, are fundamental rights enforceable by the High Courts and the Supreme Court. (Article 32 & 226)
Bicameral Legislature
The Indian Parliament, like the British Parliament, is bicameral, consisting of two houses: the Lok Sabha and the Rajya Sabha. This structure, inspired by the House of Commons and the House of Lords, provides for:
- Representation of Different Interests: The Rajya Sabha represents the states, while the Lok Sabha represents the people directly.
- Checks and Balances: The two houses provide checks and balances on each other’s legislative powers.
Procedure of Parliament
Many procedural aspects of the Indian Parliament are based on British parliamentary practices, including:
- Question Hour: Ministers are questioned by members of Parliament.
- Adjournment Motion: Used to discuss urgent matters.
- Budgetary Process: The process of enacting the budget follows British conventions.
| Feature | British Constitution | Indian Constitution |
|---|---|---|
| Form of Government | Parliamentary | Parliamentary |
| Head of State | Monarch | President |
| Legal System | Common Law | Common Law |
| Legislature | Bicameral | Bicameral |
Conclusion
In conclusion, the imprint of the British Constitution on the Indian Constitution is undeniable and profound. The adoption of the parliamentary system, the rule of law, and the common law tradition has shaped India’s political and legal landscape. However, it’s important to note that the Indian Constitution is not merely a replica of the British Constitution; it has been adapted and modified to address India’s specific needs and aspirations, incorporating features from other constitutions as well, making it a uniquely Indian document.
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.