Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)

SEMESTER: THIRD
BBALLB III A+B & BALLB III A+B+C
NAME OF THE SUBJECT: CONSTITUTION – I
UNIT-I
TOPIC: SOURCES & FRAMING OF CONSTITUTION

FACULTY NAME: Ms. Ridam Aggarwal

(Assistant Professor)
 Sources of Constitution
• Indian Constitution has absorbed those features from other
nations’ constitutions that suited Indian problems and aspirations.
Constituent Assembly took the best of features from everywhere
and made them its own.
• Our constitution has features taken from the Government of India
Act, 1935. Those features are:
– Federal Scheme
– Office of governor
– Judiciary
– Public Service Commissions
– Emergency provisions
– Administrative details
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 Sources of Constitution
• UK – Parliamentary Election
• Ireland – Directive Principles of State Policy
• USA – Fundamental Rights
• Canada – Federal System
• France – Preamble terms – republic, liberty,
equality, fraternity
• Australia – Concurrent Lists

Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 Sources of Constitution
• Russia – Fundamental Duties
• Germany – Suspension of FRs during
Emergency
• Japan – Laws on which Supreme Court
functions

Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 Is Constitution a borrowed bag?
• Indian Constitution is a unique document drafted
after a hard work of three years of the constituent
assembly. Though some features of the Indian
constitution are borrowed from other nations, it is still
wrong to say that it is a bag of borrowing.
• Reasons to not call the Indian Constitution a bag of
borrowing are given below:

Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 Is Constitution a borrowed bag?
Cont.
• There are various provisions borrowed from other
nations but they are absorbed in the Indian
Constitution to suit its polity and governance. They
are not exactly copied.
• Indian Constitution is the most detailed constitution
of the world. Where the American Constitution has
only seven articles, Australian Constitution 128
articles, Indian Constitution originally consisted of
395 articles which have now increased to 448 articles.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 Is Constitution a borrowed bag?
Cont.
• Indian Constitution is unique in its content and
spirit.
• It is drafted considering the historical
perspective of Indian Nationalist struggles, the
geographical diversity of India, and its
traditional and characteristics which are totally
different from any other nation.

Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 THANK YOU!

Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)