sources of indian constitution

Sources of Indian Constitution: Borrowed Features (Country-Wise)

The Constitution of India is inspired by the constitutions, laws, and systems of around 10 major countries and sources, including Britain, the USA, Ireland, Canada, Australia, Germany, USSR, France, South Africa, and Japan. However, it was not copied from them. It was influenced by these sources and then changed according to India’s needs, diversity, and democratic goals.

The Drafting Committee, headed by Dr. B.R. Ambedkar, studied many constitutions before finalizing India’s constitutional structure. For example, India took the parliamentary system and rule of law from the British Constitution, Fundamental Rights and judicial review from the US Constitution, and Directive Principles of State Policy from the Irish Constitution. 

So, when we talk about the sources of Indian Constitution or borrowed features of Indian Constitution, it means India adopted tested ideas and shaped them for Indian society.

Below is the complete list of sources of Constitution of India:

Country / SourceFeatures Taken or Inspired
Government of India Act, 1935• Federal scheme
• Office of Governor
• Judiciary
• Public Service Commissions
• Emergency provisions
• Administrative details
British Constitution• Parliamentary form of government
• Rule of law
• Legislative procedure
• Single citizenship
• Cabinet system
• Prerogative writs
• Parliamentary privileges
• Bicameral legislature
US Constitution• Fundamental Rights
• Independence of judiciary
• Judicial review
• Impeachment of President
• Removal of Supreme Court and High Court judges
• Post of Vice-President
Irish Constitution• Directive Principles of State Policy
• Nomination of members to Rajya Sabha
• Method of election of President
Canadian Constitution• Federation with a strong Centre
• Residuary powers with the Centre
• Appointment of State Governors by the Centre
• Advisory jurisdiction of Supreme Court
Australian Constitution• Concurrent List
• Freedom of trade, commerce, and intercourse
• Joint sitting of both Houses of Parliament
Weimar Constitution of Germany• Suspension of Fundamental Rights during Emergency
Soviet Constitution / USSR• Fundamental Duties
• Ideal of justice: social, economic, and political, in the Preamble
French Constitution• Republic
• Ideals of liberty, equality, and fraternity in the Preamble
South African Constitution• Procedure for amendment of Constitution
• Election of members of Rajya Sabha
Japanese Constitution• Procedure established by law

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These are the country-wise borrowed features of Constitution of India:

1. Government of India Act, 1935

The Government of India Act, 1935 was the biggest legal source of the Indian Constitution because it already had a detailed administrative framework for governing India. The framers used this Act because India needed continuity in governance after independence. Instead of removing the full structure, they improved it and made it democratic, responsible, and people-centric. 

Many provisions related to administration, Centre-State relations, public services, and emergency powers were already present in this Act. The Drafting Committee adapted these provisions to fit the needs of independent India and to create a stable system of governance.

Features Borrowed:

  • Federal scheme
  • Office of Governor
  • Judiciary
  • Public Service Commissions
  • Emergency provisions
  • Administrative details

2. British Constitution

India borrowed many features from the British Constitution because India had already experienced the parliamentary system during British rule. The framers believed that a parliamentary form of government would be suitable for India because it keeps the executive responsible to the legislature. 

In a diverse country like India, this system allows discussion, debate, and accountability. The British model also helped India create a working relationship between the President, Prime Minister, Council of Ministers, and Parliament. However, India did not fully copy Britain. India became a republic with a written Constitution, unlike Britain’s unwritten constitutional system.

Features Borrowed:

  • Parliamentary form of government
  • Rule of law
  • Legislative procedure
  • Single citizenship
  • Cabinet system
  • Prerogative writs
  • Parliamentary privileges
  • Bicameral legislature

3. US Constitution

The US Constitution influenced India mainly in the areas of citizens’ rights and judicial independence. After independence, the framers wanted to protect people from arbitrary state action. This is why Fundamental Rights became a major part of the Indian Constitution. 

The American system also showed how courts can protect constitutional values through judicial review. India adopted this idea so that laws and government actions could be checked if they violated the Constitution. The US model helped India build a strong rights-based framework, but these rights were adjusted according to Indian social conditions and reasonable restrictions.

Features Borrowed:

  • Fundamental Rights
  • Independence of judiciary
  • Judicial review
  • Impeachment of President
  • Removal of Supreme Court and High Court judges
  • Post of Vice-President

4. Irish Constitution

The Irish Constitution inspired India’s welfare-based vision. The makers of the Indian Constitution knew that political freedom alone would not solve poverty, inequality, illiteracy, and social injustice. India needed guiding principles for future governments to create a fair society. 

The Irish model gave India the idea of Directive Principles, which are not directly enforceable in court but guide the State in law-making and policy-making. These principles helped India include goals related to social welfare, equal pay, education, public health, and economic justice. This made the Constitution more than just a legal document.

Features Borrowed:

  • Directive Principles of State Policy
  • Nomination of members to Rajya Sabha
  • Method of election of President

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5. Canadian Constitution

India borrowed from the Canadian Constitution because Canada also follows a federal system with a strong central government. At the time of independence, India had faced Partition, communal tension, princely state integration, and regional challenges. 

Features Borrowed:

The framers wanted a federal system, but they did not want a weak Centre. A strong Centre was seen as necessary for national unity, security, coordination, and balanced development. The Canadian model helped India design a system where powers are divided between the Union and States, but the Union has stronger authority in key matters.

  • Federation with a strong Centre
  • Residuary powers with the Centre
  • Appointment of State Governors by the Centre
  • Advisory jurisdiction of Supreme Court

6. Australian Constitution

The Australian Constitution influenced India in matters related to legislative powers and coordination between the two Houses of Parliament. India needed a clear system to divide subjects between the Union and States. The Concurrent List was useful because it allows both the Centre and States to make laws on important subjects. 

This helps in areas where national policy and local needs both matter. India also adopted the idea of joint sitting to resolve deadlocks between the Lok Sabha and Rajya Sabha. These features help maintain smooth law-making in a parliamentary democracy.

Features Borrowed:

  • Concurrent List
  • Freedom of trade, commerce, and intercourse
  • Joint sitting of both Houses of Parliament

7. Weimar Constitution of Germany

The Weimar Constitution of Germany influenced India’s emergency provisions. The makers of the Indian Constitution understood that a country may face extraordinary situations like war, external aggression, internal disturbance, or serious constitutional breakdown. In such times, the State may need special powers to protect national security and constitutional order. 

India borrowed the emergency idea but placed it within a written constitutional framework. These provisions were added so the country could respond firmly during crisis situations. However, emergency powers also remain subject to constitutional limits and later judicial interpretation.

Feature Borrowed:

  • Suspension of Fundamental Rights during Emergency

8. Soviet Constitution / USSR

The Soviet Constitution influenced India in the area of duties and social justice. While rights are important in a democracy, the framers and later lawmakers also believed that citizens must have responsibilities toward the nation, society, and public life. Fundamental Duties were added later through the 42nd Constitutional Amendment in 1976. 

The Soviet influence also supported the idea that justice should not be limited to courts. It should include social, economic, and political justice. This helped strengthen India’s goal of building a welfare-oriented and responsible democratic society.

Features Borrowed:

  • Fundamental Duties
  • Ideal of justice: social, economic, and political, in the Preamble

9. French Constitution

The French Constitution inspired some of the most important ideals of the Indian Republic. The values of liberty, equality, and fraternity became central to India’s constitutional philosophy because India had struggled against colonial rule, social inequality, and discrimination. These ideals helped shape the moral direction of the Constitution. 

Liberty protects individual freedom, equality supports equal treatment, and fraternity promotes unity and brotherhood among citizens. India also adopted the idea of being a republic, where the head of the State is elected and not based on monarchy or hereditary power.

Features Borrowed:

  • Republic
  • Ideals of liberty, equality, and fraternity in the Preamble

10. South African Constitution

The South African Constitution influenced India in areas related to constitutional amendment and representation in the Upper House. The makers of the Indian Constitution wanted an amendment system that was not too easy and not too rigid. India needed a process that could allow changes with time while still protecting constitutional stability. 

South Africa’s model helped in shaping this balanced amendment approach. The method of electing members of the Rajya Sabha was also inspired by South Africa. This helped India create an indirect election system for the Council of States.

Features Borrowed:

Understand How the Indian Constitution is Both Rigid and Flexible

11. Japanese Constitution

The Japanese Constitution influenced India through the phrase “procedure established by law.” This expression became important in Article 21 of the Indian Constitution, which protects life and personal liberty. The framers used this phrase to ensure that no person could be deprived of life or liberty except according to a legal procedure. 

Over time, the Supreme Court of India expanded the meaning of Article 21 and gave it a much wider interpretation. Because of this, Article 21 now protects many rights connected to dignity, privacy, livelihood, education, and fair procedure.

Feature Borrowed:

  • Procedure established by law
Borrowed FeatureBorrowed / Inspired FromWhy It Is Important
Parliamentary Form of GovernmentBritish ConstitutionIt makes the executive responsible to the legislature and supports debate-based governance.
Fundamental RightsUS ConstitutionIt protects citizens from unfair state action and gives basic freedoms to every individual.
Directive Principles of State PolicyIrish ConstitutionIt guides the government to create welfare policies for social and economic justice.
Fundamental DutiesSoviet Constitution / USSRIt reminds citizens about their responsibilities toward the nation, society, and Constitution.
Strong Centre in Federal SystemCanadian ConstitutionIt helps maintain unity, coordination, and national security in a diverse country like India.
Concurrent ListAustralian ConstitutionIt allows both the Centre and States to make laws on important shared subjects.
Procedure Established by LawJapanese ConstitutionIt became important for Article 21, which protects life and personal liberty.

India borrowed features from other constitutions because the makers wanted to create a strong, practical, and democratic Constitution for a newly independent country:

1. To Use Tested Constitutional Ideas

Many countries had already tested systems like Fundamental Rights, parliamentary democracy, judicial review, and federalism. By studying these systems, India could avoid many mistakes and build a Constitution on ideas that had already worked in other democracies.

2. To Save Time in Constitution-Making

India had just become independent and needed a complete legal and political structure quickly. The Drafting Committee of the Indian Constitution studied various constitutions and adopted proven ideas, which helped in drafting a detailed Constitution efficiently without starting from zero.

3. To Suit India’s Diversity

India is a country of many languages, religions, regions, castes, and cultures. The framers needed a Constitution that could protect diversity while keeping the country united. That is why India adopted features like federalism, strong Centre, rights, and emergency provisions.

4. To Balance Rights and Governance

The Constitution of India had to protect citizens as well as give the government enough power to maintain order and run the country. Features like Fundamental Rights, Directive Principles, judicial review, and emergency powers helped create this balance.

5. To Build a Modern Democratic Republic

India wanted to become a republic based on justice, liberty, equality, and fraternity. The framers borrowed these democratic values from different constitutional traditions and adapted them to Indian conditions, making the Constitution both modern and deeply connected to India’s needs.

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The phrase “Indian Constitution is a bag of borrowing” is often used because many features of the Indian Constitution were inspired by other countries. For example, India borrowed the parliamentary system from Britain, Fundamental Rights from the USA, Directive Principles from Ireland, Fundamental Duties from the USSR, and the strong Centre idea from Canada. This gave critics a chance to say that the Constitution was not original.

However, this criticism is not completely correct. The framers did not copy these features blindly. The Drafting Committee studied different constitutions, selected useful ideas, and changed them according to India’s needs. India was a newly independent country with huge diversity, poverty, social inequality, and administrative challenges. So, borrowing tested ideas helped India build a practical and stable Constitution.

The Constitution may be borrowed in parts, but its spirit, structure, and purpose are deeply Indian.

Remembering all sources of Indian Constitution can be confusing for students. You can use this simple mnemonic to revise the major sources quickly:

BUGS FICASJ

You can remember it as:

Britain, USA, Germany, South Africa, France, Ireland, Canada, Australia, Soviet Union, Japan.

This trick helps you quickly revise the most important countries from which the Constitution of India borrowed from or took inspiration.

MnemonicSource / Country
BBritain
UUSA
GGermany
SSouth Africa
FFrance
IIreland
CCanada
AAustralia
SSoviet Union / USSR
JJapan

Want to revise all sources of Indian Constitution in one place? Download our free PDF and get the complete list of borrowed features, countries, important tables, and quick exam notes.

From how many countries is the Indian Constitution inspired?

The Indian Constitution is mainly inspired by around 10 major countries and sources, including Britain, USA, Ireland, Canada, Australia, Germany, USSR, France, South Africa, and Japan.

Is the Indian Constitution copied from other countries?

No, the Indian Constitution is not copied. It is influenced by many constitutions, but every feature was changed according to India’s needs.

Which is the biggest source of Indian Constitution?

The Government of India Act, 1935 is the biggest source of the Indian Constitution because many administrative features were taken from it.

What did India borrow from the British Constitution?

India borrowed the parliamentary form of government, rule of law, cabinet system, single citizenship, legislative procedure, and parliamentary privileges from Britain.

What did India borrow from the US Constitution?

India borrowed Fundamental Rights, judicial review, independence of judiciary, impeachment of President, removal of judges, and the post of Vice-President from the US Constitution.

What did India borrow from the Irish Constitution?

India borrowed the Directive Principles of State Policy, method of election of President, and nomination of members to Rajya Sabha from the Irish Constitution.

What did India borrow from the Canadian Constitution?

India borrowed the idea of federation with a strong Centre, residuary powers with the Centre, appointment of Governors, and advisory jurisdiction of Supreme Court from Canada.

What did India borrow from the Australian Constitution?

India borrowed the Concurrent List, freedom of trade and commerce, and joint sitting of both Houses of Parliament from the Australian Constitution.

What did India borrow from the Weimar Constitution of Germany?

India borrowed the idea of suspension of Fundamental Rights during Emergency from the Weimar Constitution of Germany.

What did India borrow from the Soviet Constitution?

India borrowed Fundamental Duties and the idea of social, economic, and political justice in the Preamble from the Soviet Constitution.

What did India borrow from the French Constitution?

India borrowed the idea of republic and the ideals of liberty, equality, and fraternity from the French Constitution.

What did India borrow from the South African Constitution?

India borrowed the procedure for constitutional amendment and election of Rajya Sabha members from the South African Constitution.

What did India borrow from the Japanese Constitution?

India borrowed the idea of “procedure established by law” from the Japanese Constitution.

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