Unit 1.3: Features & Sources – Borrowed features (e.g., Irish DPSP, UK Cabinet).

Indian Polity Indian Polity → Constitutional Foundations Constitutional Foundations → The Basics | Author: admin | Feb 10, 2026

Type 1 – Detailed Notes

Introduction & Significance

This unit explores the salient features of the Indian Constitution and its sources, focusing on borrowed elements from other countries' constitutions and acts like the GOI Act 1935. The Constitution is a blend of rigidity and flexibility, federalism with unitary bias, and incorporates global best practices adapted to Indian needs (e.g., parliamentary system from UK for accountability, DPSPs from Ireland for welfare). In SSC JE/RRB/SSC CGL/State PSC exams, this yields 2–5 questions on borrowings (e.g., "Which feature from USA?"), comparisons, and features like longest written constitution. Significance: Reflects India's adaptive polity; links to current federalism issues (e.g., Centre-State tensions in 2024–2026 fiscal disputes post-GST amendments); no direct tie to Women's Reservation delay (106th Amendment) or new criminal laws (BNS/BNSS/BSA), but borrowed emergency provisions (Germany) echo in ongoing debates on Art. 356 misuse.

Chronological Timeline

  • 1773–1935: British Acts (Regulating to GOI 1935) – Source for federal scheme, emergency.
  • 1920–1937: Irish (1922), Canadian (1867), Australian constitutions influence borrowings.
  • 1947: Independence Act – Partition, dominion status.
  • Nov 26, 1949: Constitution adopted, incorporating borrowings (e.g., US Preamble, UK Parliament).
  • Jan 26, 1950: Enforcement; features operational.
  • 1973: Kesavananda case – Basic structure doctrine (judicial review from USA).
  • 1976: 42nd Amendment – Adds socialist/secular (inspired by USSR/France ideals).
  • As of 2026: No new borrowings; 106 amendments total, with 130th Bill pending (ministerial removal).

Concept Explanation / Deep Dive

The Indian Constitution is the longest written (originally 395 articles, now 470; 12 schedules), drawn from ~11 countries and GOI Act 1935, but indigenized (e.g., US federalism modified to quasi-federal with strong Centre). Salient Features: Written/rigid-flexible (Art. 368 amendments), federal-unitary blend (Sarkaria Commission 1988 recommends balance), parliamentary democracy, secularism, independent judiciary. Borrowed Features: Selective adoption; e.g., UK cabinet system adapted with President as nominal head (Art. 74 aid/advice). Evolution: Colonial sources (GOI 1935 for admin) to post-WWII inspirations (Ireland DPSPs for welfare state). Linkages: Borrowed judicial review (USA) ? Kesavananda (basic structure) ? Current judicial activism (e.g., 2025 PILs on federalism).

Key Terminology Box

  • Borrowed Features: Provisions adopted from foreign constitutions, adapted to India (e.g., DPSPs – non-justiciable guidelines).
  • Quasi-Federal: Federal with unitary bias (strong Centre; Art. 1 – Union of States).
  • Basic Structure Doctrine: Unamendable core (Kesavananda 1973; includes supremacy, secularism).
  • Parliamentary System: Executive accountable to legislature (UK; Art. 75 – PM/Council).
  • Directive Principles of State Policy (DPSPs): Welfare guidelines (Ireland; Part IV, Arts. 36–51; non-enforceable).
  • Fundamental Rights (FRs): Justiciable protections (USA; Part III, Arts. 12–35).

Important Constitutional / Factual Details

  • Sources: ~60% from GOI Act 1935 (federal, PSC); others from UK (parliamentary), USA (FRs, Preamble), Ireland (DPSPs), Canada (federation).
  • Committees/Cases: Drafting Committee (Ambedkar) integrated borrowings; Kesavananda (1973 – basic structure); Minerva Mills (1980 – FRs-DPSPs balance).
  • Amendments: 42nd (1976 – socialist/secular); 44th (1978 – restores balance); no changes to borrowings in 106 amendments (2026).
  • Schedules/Parts: Schedule 7 (Lists from Canada/Australia); Part III (FRs from USA).
  • Numbers: Borrowings from 11 countries; Constitution has 25 parts, 12 schedules.

Powers, Functions, Relations, Features

  • Federal Features: Division of powers (Schedule 7 Lists; Canada), bicameral Parliament (Australia joint sitting).
  • Unitary Features: Single citizenship (UK), all-India services (GOI 1935), emergency (Germany).
  • Relations: Centre stronger (residuary powers Art. 248; Canada); President-PM (UK nominal executive).
  • Functions: Judiciary independent (USA); PSC (GOI 1935) for recruitment.
  • Features: Rigid (special majority amendments; South Africa); flexible (simple majority for some); secular (42nd Amendment; France-inspired).

Frequently Asked Exam Facts

  • Longest written constitution: 470 articles, 12 schedules.
  • Firsts: Borrowed Preamble (USA); DPSPs (Ireland, first welfare focus).
  • Numbers: Borrowings from 11 countries; FRs (6 originally, now 6 after 44th removed property).
  • Exceptions: Not fully federal (unitary bias); DPSPs non-justiciable unlike FRs.
  • High-Yield: UK – No written constitution but source for unwritten conventions.

Comparison Tables / Charts

Country/SourceKey Borrowed FeaturesIndian Adaptation/Linkage
UKParliamentary system, Rule of Law, Cabinet, Single citizenship, WritsArt. 74 (PM aid), Art. 32 (writs); adapted with written code.
USAFRs, Judicial review, Preamble, Impeachment, Vice-PresidentPart III FRs, Art. 13 review; Kesavananda case linkage.
IrelandDPSPs, Rajya Sabha nomination (Art. 80), President electionPart IV DPSPs (Arts. 36–51); welfare state focus.
CanadaStrong Centre federation, Residuary powers (Art. 248), Advisory SC (Art. 143)Schedule 7 Lists; quasi-federal.
AustraliaConcurrent List, Trade freedom (Art. 301), Joint sitting (Art. 108)Adapted for economic unity.
USSR (Russia)Fundamental Duties (Art. 51A), Justice ideals in Preamble42nd Amendment; social justice.
FranceRepublic, Liberty/Equality/FraternityPreamble; republican form.
GermanyFRs suspension in emergency (Art. 359)Art. 352–360 emergencies.
JapanProcedure established by law (Art. 21)Due process vs procedure.
South AfricaAmendment (Art. 368), Rajya Sabha electionRigid-flexible mix.
GOI Act 1935Federal scheme, Governor, Emergency, PSCArt. 153 Governor, Art. 315 PSC.

Solved Example Questions

  1. Which feature of the Indian Constitution is borrowed from the Irish Constitution? Correct Answer: Directive Principles of State Policy. Explanation: DPSPs (Part IV) for welfare, non-justiciable.
  2. The parliamentary system in India is borrowed from which country? Correct Answer: United Kingdom. Explanation: Executive accountable to legislature (Art. 75).
  3. From which Constitution is the concept of Judicial Review borrowed? Correct Answer: USA. Explanation: Art. 13; empowers courts to strike laws.
  4. The idea of residuary powers in the Indian Constitution is borrowed from? Correct Answer: Canada. Explanation: Art. 248 vests in Parliament.
  5. Which source provided the federal scheme and emergency provisions? Correct Answer: Government of India Act 1935. Explanation: Basis for Schedule 7, Arts. 352–360.
  6. Fundamental Duties in the Indian Constitution are borrowed from? Correct Answer: USSR (Russia). Explanation: Art. 51A via 42nd Amendment.

Flowchart Summary

Sources Integration: GOI 1935 (Federal/Emergency) ? UK (Parliamentary) ? USA (FRs/Review) ? Ireland (DPSPs) ? Canada (Residuary) ? Others (France Republic, Germany Suspension) ? Drafting Committee Adaptation ? Adopted Constitution (1949) ? Amendments (e.g., 42nd Socialist) ? Judicial Interpretation (Kesavananda Basic Structure).

Features Balance: Rigid (Art. 368 Special) ? Flexible (Simple Majority) ? Federal (Lists) ? Unitary (Single Citizenship) ? Secular (Preamble).

Ultra-Short Exam Capsule

  • Longest Constitution: 470 articles, 25 parts, 12 schedules.
  • Borrowed from: 11 countries + GOI 1935.
  • UK: Parliamentary, Cabinet (Art. 74).
  • USA: FRs (Part III), Preamble.
  • Ireland: DPSPs (Part IV).
  • Canada: Federation, Residuary (Art. 248).
  • Australia: Concurrent List (Schedule 7).
  • France: Republic, L/E/F.
  • Germany: Emergency FR suspension (Art. 359).
  • Japan: Procedure by law (Art. 21).
  • South Africa: Amendment (Art. 368).
  • USSR: Duties (Art. 51A).
  • GOI 1935: Governor (Art. 153), PSC (Art. 315).
  • Basic Structure: Kesavananda 1973.
  • Amendments: 42nd adds socialist/secular.

Type 2 – Quick Revision & Exam Tricks

Highlights & High-Yield Points

  • Borrowings: UK max (system), USA (rights), Ireland (DPSPs).
  • Features: Written/longest, rigid-flexible, quasi-federal.
  • Linkages: GOI 1935 ? 60% content; USA review ? Kesavananda.
  • Current: Federal borrowings in 2026 disputes (e.g., residuary powers).

Tricky Points, Common Exam Traps

  • Trap: Fully federal? No, quasi (unitary bias).
  • Trap: DPSPs from USSR? No, Ireland (USSR for duties).
  • Trap: Due process (USA) vs Procedure by law (Japan Art. 21).
  • Trap: Preamble borrowed from France? No, USA (ideals from France).

Memory Aids / Mnemonics

  • Countries: "Uncle Sam Invites Cute Girls For Juicy Apples Really Sweet" (UK, USA, Ireland, Canada, Germany, France, Japan, Australia, Russia, South Africa).
  • Features: "Parliamentary UK, Rights USA, DPSP Ireland, Federation Canada" (PURDIC).
  • Schedules: Borrowed Lists – "7th from Canada/Australia".
  • Amendments: "42nd SSE" (Socialist, Secular, Emergency-era).

Quick Bullet-Style Revision Notes

  • Written: Borrowed mix, indigenized.
  • Federal-Unitary: Canada strong Centre + UK single citizenship.
  • Parliamentary: UK, with President (USA impeachment).
  • Judiciary: USA independent + review.
  • Welfare: Ireland DPSPs + USSR duties.
  • Emergency: Germany + GOI 1935.

Confusing or Easily Mistaken Concepts

  • Rigid vs Flexible: Rigid for core (South Africa), flexible for ordinary.
  • FRs vs DPSPs: FRs USA justiciable; DPSPs Ireland non-justiciable.
  • Federal vs Unitary: Federal borrowings (Canada) but unitary (UK/All-India services).
  • Preamble Sources: USA structure, France ideals.

Type 3 – PYQs & Expected Questions

Previous Year Questions

  • Which feature of the Indian Constitution is borrowed from the Constitution of Britain? Final Answer: Parliamentary Government.
  • The Indian Constitution includes borrowed features from how many countries? Final Answer: 10.
  • Which of the following features was borrowed by the Constitution of India from Ireland? Final Answer: Directive Principles of State Policy.
  • Which feature of Indian constitution is borrowed from Japanese constitution? Final Answer: Procedure established by Law.
  • The Government of India Act 1935 provided for which borrowed feature in the Constitution? Final Answer: Federal scheme.
  • From which Constitution is the concept of Fundamental Rights borrowed? Final Answer: USA.
  • The idea of nomination to Rajya Sabha is borrowed from? Final Answer: Ireland.
  • Suspension of Fundamental Rights during emergency is borrowed from? Final Answer: Germany.

Expected/High-Probability Questions

  • List the features borrowed from the Australian Constitution. (Scope: Concurrent List, trade freedom; frequent in SSC CGL for lists.)
  • How has the borrowing from the Canadian Constitution influenced Centre-State relations? (Scope: Residuary powers; trend in RRB NTPC on federalism.)
  • Discuss the adaptation of the parliamentary system from the UK in the Indian context. (Scope: Art. 74; high-probability for State PSC with comparisons.)
  • From which source is the basic structure doctrine linked to borrowed judicial review? (Scope: USA + Kesavananda; common in SSC JE.)
  • Explain the borrowing of Fundamental Duties and its relevance today. (Scope: USSR; expected in 2026 exams on duties.)
  • Which borrowed feature from GOI Act 1935 is key to emergency provisions? (Scope: Art. 352–360; pattern in SSC CHSL for historical sources.)
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