Important sources of Indian Constitution at a glimpse

IMPORTANT SOURCES OF INDIAN CONSTITUTION AT A GLIMPSE
Government of India Act 1935• Federal Scheme• Emergency Provisions• Public Service Commissions• Office of Governor• Judiciary• Administrative Details
Constitution of the• Preamble• Fundamental Rights• The federal structure of government • Electoral College
United States• Independence of the judiciary and separation of powers among the three branches of the government• Judicial review• President as Supreme Commander of Armed Forces• Equal protection under law
British constitution• Parliamentary form of government• The idea of single citizenship• The idea of the Rule of law• Writs• Institution of Speaker and his role• Lawmaking procedure• Procedure established by Law
Irish constitution (Ireland)• Directive Principles of State Policy• Nomination of members to Rajya Sabha• Method of Election of President
Australian constitution• Freedom of trade and commerce within the country and between the states• Power of the national legislature to make laws for implementing treaties, even on matters outside normal Federal jurisdiction• Concurrent List
French constitution•   Republic and the ideals of Liberty, Quality and Fraternity in the Preamble
Constitution of South Africa• Procedure for amendment• Election of Rajya Sabha members
Constitution of Soviet Union (USSR)Fundamental Duties under Article 51-A• A Constitutionally mandated Planning Commission to oversee the development of the economy
Constitution of Germany• Emergency powers to be enjoyed by the Union• Suspension of Fundamental Rights during an emergency.
Constitution of Japan• Procedure Established by Law
Constitution of Russia• Fundamental Duties• Idea of Social, Economic, and Political Justice in Preamble

Uniqueness of Indian Constitution:

  1. Our Constitution strikes a balance between rigidity and flexibility. The Parliament can make amendments to the Constitution as per the needs, according to Article 368. However, the basic structure of the Constitution cannot be changed or modified. Any violation of the basic structure of the Constitution is unconstitutional and is invalidated by courts. 
  2. The Constitution of India identifies only single citizenship. In countries like the USA, there is a provision of dual citizenship. The people of India are citizens of the country as a whole and not of the respective states like in the USA. 
  3. Universal Adult Franchise promotes the policy of 'one person one vote'. Every individual of 18 years and above has the right to vote irrespective of their age, gender, race, colour, religion etc. 
  4. The Constitution includes all the federal characteristics of governance such as dual government system, constitutional supremacy, an independent judiciary, bicameralism, and division of powers between the three state organs of the executive, judiciary, and legislature.
  5. It is unique in that it includes many unitary features as well. They include string centre, all India services common to the centre and the states, emergency provisions that can transform the Constitution into a unitary one, if necessary, the appointment of governors by the president on the advice of the centre, etc. 
  6. Unlike the United States where there is a two-tiered judiciary, a single judicial system prevails with the Supreme Court at the top in India, with the State and District High Courts and other subordinate courts below and subject to the supervision of the High Courts.

Women’s Contribution in Framing Constitution:

  1. Shrimati Ammu Swaminathan had put forth that the two stable pillars on which the Indian Constitution rests are the Fundamental Rights, and the Directive Principles of State Policy.
  2. Shrimati G. Durgabai had put forth her views on the appointment of Judges of the Provincial High Courts, pointing that the same should be the duty of the Governor and his set of Ministers solely. Her views on the prohibition of the Devadasi system, protection of children from exploitation, and limitations on the freedoms provided to individuals had been remarkable also.
  3. Shrimati Hansa Mehta majorly highlighted the need for social, economic, and political justice for women of India taking into account the prolonged suppression they have been subjected to in India. 
  4. Shrimati Purnima Banerji put forth her views on the State’s Control over Religious Instruction in Schools. She also pointed out that secularism in a true sense could only be achieved if citizens of the nation are united among themselves.
  5. Shrimati Renuka Ray belonging to the West Bengal Constituency focused majorly on equality of Status and justice for women.
  6. Shrimati Sarojini Naidu had sought an inclusive Constituent Assembly of India.
  7. Shrimati Sucheta Kripalani had uplifted the environment of the Constituent Assembly by singing the verses of the national song, and the national anthem of India.
  8. Shrimati Vijayalakshmi Pandit aimed for the centrality of new Asia in the Post-Raj World Order.

Criticism of the Constitution:

  1. It is unwieldy based on the assumption that the entire constitution of the country must be found in one compact document. But this is not even for countries such as the US, which do not have a compact constitution.
  2. It is unrepresentative as members of constituent assembly were chosen by restricted franchise, not by Universal adult franchise.
  3. It is an alien constitution, as it was made using borrowed elements from other constitutions.
  4. It is not clear why in poor developing countries certain basic socio economic rights were relegated to the section on DPSP, rather than made an integral part of Fundamental rights. 

Positives Of The Constitution:

  1. It is a comprehensive document: it provides a detailed provision for day to day functioning of the government. as well as special provisions for times of crisis such as emergency provisions.
  2. It contains safeguards for all the vulnerable sections of the society such as scheduled caste, scheduled tribes, other backward classes, economically weaker sections, women, transgender, etc in order to ensure a just and equitable society. eg: article 16 equality of opportunities in public employment. 
  3. It ensures federal balance by providing adequate provisions for states. these include schedule 7,  GST council etc.
  4. It has the ability to transform itself in order to give space for future needs to make it relevant in times of needs. eg: constitutional amendments
  5. It gives a detailed set of fundamental rights applicable to all the citizens of the country. 
  6. It also lists future courses of action for future govts, by listing the goals that the govt must follow, these are mentioned in Directive principles of State policy.