This article has been written by Jigyasa Nain, a student studying BBA.LLB from Indian Institute of Management, Rohtak. The author is a 1^st year law student.

The Indian Constitution is frequently referred to as “The Borrowed Bag.” WHY? Because it is true that our Constitution heavily borrowed numerous clauses from other nations. And some individuals believe it is beneficial since learning from others’ accomplishments and failures is a positive thing. On the other hand, some individuals assume it to be a shameful thing since they believe we should have our own standards. Along with providing information about all the sources, I will further express my subjective opinion, which is different from the two assertions made.

1. United Kingdom 

1. Concept of Single Citizenship

This notion grants all Indian citizens a single citizenship, i.e., citizenship of India. Even though our Constitution has a dual nature, it still adopted the idea of single citizenship. The goal is to grant all citizens an equal range of rights, regardless of their state of residence.

2. Rule of Law

It implies that all Indian citizens, regardless of their social status, are accountable to national law. It encourages everyone to be accountable to the Constitution, including the government, and will ultimately bring about justice and other benefits for society.

3. Parliamentary form of Government

A parliamentary system of government is a type of democratic form of government in which both the head of state and the head of government are typically distinct. Wide representation of citizens from various social backgrounds is promoted in parliamentary form of government. 

4. Bicameralism System 

The Bicameralism System is one of the characteristics covered under the Parliamentary form of Government System. It refers to the establishment of two houses; lower house as well as upper house; for passing a law. Even though the decision is sometimes delayed, it is nevertheless fair.

5. Prerogative Writs

This phrase describes both the 226 and the 5 writs given by article 32 of the Indian Constitution. These writs grant the higher courts the authority to prosecute the government for infringing upon the law in accordance with the Indian Constitution.

2. United States of America

1. Preamble 

Pt. Jawaharlal Nehru proposed the idea of the Preamble through “Objective Resolution,” and the Constituent Assembly overwhelmingly approved it. Preamble is a term that refers to an introductory statement that summarizes the principles of the Constitution.

2. Judicial Review

Judicial Review is a power of court to recheck a law passed by the legislature. Since our constitution mentions the separation of powers between the executive, judicial, and legislative, the system of checks and balances is necessary to ensure the maintenance of democracy. 

3. Fundamental Rights

The Honorable Supreme Court and High Court protect the rights that serve as fundamental liberties for all citizens. Most of the fundamental rights recognized by the Indian Constitution are also protected by the United Nations Declaration of Human Rights.

4. President’s Impeachment and Removal of Hon’ble S.C and H.C judges

In our democratic nation, all of the abovementioned positions function as the most crucial positions. As a result, their removal cannot be viewed as being insignificant, and our constitution has set a suitable lengthy system to prevent the legislature from abusing its authority by removing anyone.

5. Judiciary’s Independence

Our Constitution mentions the division of powers among the three organs, as I have mentioned in the Judicial Review pointer. Therefore, it is crucial that the Constitution create some provisions that can stop different organs from interfering with one another.

6. Vice-President Position

It is one of the most significant positions in our democratic nation. The vice president chairs the Rajya Sabha by ex-officio. Together with all other ministers, he helps to distribute share responsibility. Vice President holds the second highest office after the President of India. 

3. Australia

1. Concurrent List 

There are 3 types of lists that are listed in Schedule 7 of the Indian Constitution. While the topics on the state list are governed by the state government, the subjects on the union list are governed by the central government. Concurrent list, deals with topics controlled by both state and central government. 

2. Joint-Sitting of Parliament

The President of India has the authority to hold a joint session of the Lok Sabha and Rajya Sabha. The majority of the time, it occurs when the two houses cannot agree on a new law. The Speaker of the Lok Sabha presides over the session.

4. Ireland

1. DPSP

Directive Principles of State Policy is what it stands for. They are regulated by Part IV of the Indian Constitution, which contains several regulations that will ultimately result in an individual having a balanced social, economic, and political condition. These laws are not enforceable.  

2. President’s election Procedure 

Conducting free and fair elections for the role of president is equally crucial since everyone understands how important this position is in a democracy. The highest office in our country is held by the president, who is also the first citizen of our nation.

3. Nominating Rajya Sabha’s Member

The President of India nominates 12 people for the Rajya Sabha each year based on their contributions to science, culture, the arts, and social services and this model for nominating the members was brought from the Constitution of Ireland.

5. France

1. Ideals of Liberty, Equality and Fraternity

These three ideals—Liberty, Equality, and Fraternity—were founded during the French Revolution of 1789, which also revolutionized the idea of gender equality. These principles are incorporated into the Preamble of the Indian Constitution.

6. USSR 

1. Planning Commission

The concept of creating a Planning Commission to establish plans for the following five years and work on them was taken from the Constitution of the Soviet Union. Focusing on a few key topics allows our nation’s political leaders to advance. NITI Aayog has now taken its place.

2. Fundamental Duties 

The duties are covered under Article 51(A). The fundamental duties constitute a list of moral obligations that each and every citizen of our nation must uphold in order to respect various aspects of our nation.

7. South Africa

1. Amendment Procedure 

Every aspect of life need transformation. As the goals of laws change over time, it is also required to modify the provisions protected by the Constitution over time. Therefore, healthy changes are required for our country.

2. Election of Rajya Sabha’s Members

Recognized as the Upper House, the Rajya Sabha is a permanent House that cannot be dissolved like the Lok Sabha, which does so every five years. There are 12 nominees and 238 elected members. Compared to Lok Sabha, the election process is considerably different.

8. Germany 

1. Suspending Fundamental Rights during Emergency 

Emergency situations can be classified whether as national, state, or financial. Additionally, some restrictions on citizens’ fundamental rights are imposed when the situation is beyond the authority of the central government. With the exception of Articles 20 and 21, all fundamental rights are on freeze.

9. Japan 

1. Procedure Established by Law

The phrase “Procedure Established by Law” refers to the requirement that the proper steps have been taken in order for a law to be properly passed by the legislature or other relevant entity. This concept has been enshrined in the Article 21 of Indian Constitution 

The provisions directly taken from the Government of India Act, 1935, are not included. It necessitates a whole other area and post where I may write about it in detail because it is the foundation of our Indian Constitution.

The Indian Constitution, in my opinion, cannot be called a “Borrowed Bag” since, despite the fact that the constituent assembly may have directly copied elements from other countries, they did not do so. On the contrary, they adjust as necessary to fulfil Indian citizens’ needs. To give one example, even though we have a dual government system, we adopted the UK’s Single Citizenship principle. WHY? Because we didn’t just copy the provisions identically. The creators tirelessly struggled for 2 years, 11 months, and 18 days, taking into account every possible angle. Therefore, we should respect their efforts rather than criticize them.

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