Polity & Governance Comparison with Other Constitutions GS Paper II

The Indian Constitution Compared: Sources, the UK and the USA

Sources of the Indian Constitution and a feature-by-feature comparison with the UK, USA, Canada, Australia and Ireland — executive, federalism, rights, judicial review, amendment.

SyllabusGS II · Comparison of the Indian constitutional scheme with that of other countries

By 10 min read Updated Oct 2026 #polity#comparative-constitutions#sources-of-constitution

Prerequisites: Constitutional Framework · Federalism and Centre-State Relations

The Hook: “Nobody Holds Any Patent Rights”

Connect: In the News → Concept

On 4 November 1948, Dr B.R. Ambedkar moved the Draft Constitution in the Constituent Assembly. Critics had called it a patchwork of foreign constitutions and a copy of the Government of India Act, 1935. Ambedkar replied that there was nothing to be ashamed of in borrowing: “Nobody holds any patent rights in the fundamental ideas of a Constitution.” What mattered, he argued, was how the borrowed ideas were adapted to Indian conditions.

That defence frames this chapter: what did India take from other constitutions, what did it change, and how does the result compare with the originals?

The Core Concept

1. Where the features came from

The single largest source is the Government of India Act, 1935 — the administrative and federal skeleton. Political philosophy came from the Objectives Resolution and the freedom movement. Specific institutions came from many countries:

SourceFeatures adopted
Government of India Act, 1935Federal scheme, office of Governor, judiciary, Public Service Commissions, emergency provisions, administrative details
United KingdomParliamentary government, rule of law, legislative procedure, single citizenship, Cabinet system, prerogative writs, parliamentary privileges, bicameralism
United StatesFundamental Rights, independence of the judiciary, judicial review, impeachment of the President, removal of Supreme Court and High Court judges, post of Vice-President
IrelandDirective Principles of State Policy, nomination of members to the Rajya Sabha, method of election of the President
CanadaFederation with a strong Centre, residuary powers with the Centre, appointment of State Governors by the Centre, advisory jurisdiction of the Supreme Court
AustraliaConcurrent List, freedom of trade, commerce and intercourse, joint sitting of the two Houses
Weimar GermanySuspension of Fundamental Rights during an emergency
USSRFundamental Duties; ideals of justice — social, economic and political — in the Preamble
FranceRepublic; ideals of liberty, equality and fraternity in the Preamble
South AfricaProcedure for amendment of the Constitution; election of members of the Rajya Sabha
Japan“Procedure established by law” (Article 21)

2. Why a parliamentary and not a presidential executive?

In the same speech of 4 November 1948, Ambedkar compared the two systems. The American system, he said, gives more stability but less responsibility; the British system gives more responsibility but less stability. The Draft Constitution preferred responsibility — daily accountability of the executive to the legislature — over a fixed-term executive.

graph LR
    A[Parliamentary - India, UK] --> B[Executive drawn from and responsible to legislature]
    B --> C[Can be removed by no-confidence motion]
    D[Presidential - USA] --> E[Executive separate from legislature]
    E --> F[Fixed four-year term; removal only by impeachment]

3. India and the United Kingdom

FeatureIndiaUnited Kingdom
ConstitutionWritten and codifiedUncodified — statutes, conventions, judicial decisions
SupremacyConstitution — Parliament’s laws can be struck downParliament — courts cannot strike down primary legislation
Head of StatePresident, indirectly elected for five yearsHereditary monarch
Nature of StateRepublic; federal with unitary biasMonarchy; unitary, with devolution to Scotland, Wales and Northern Ireland
MinistersMust be MPs, or become one within six months (Article 75(5))Members of Parliament by convention
Legal responsibility of ministersNo countersignature system; courts cannot inquire into advice to the President (Article 74(2))Ministers countersign official acts of the Crown
Top courtSupreme Court since 1950, with judicial reviewSupreme Court of the United Kingdom since 2009 (Constitutional Reform Act, 2005); earlier the House of Lords
Upper HouseRajya Sabha — mostly indirectly elected, represents StatesHouse of Lords — not elected

4. India and the United States

FeatureIndiaUnited States
ExecutiveParliamentary; President is nominal head; PM and Council of Ministers hold real powerPresidential; President is both head of State and government
Term of executiveGovernment lasts as long as it has Lok Sabha confidenceFixed four-year term; two-term limit (22nd Amendment)
CitizenshipSingleDual — of the United States and of the state of residence
State constitutionsOne Constitution for Union and StatesEach state has its own constitution
Residuary powersUnion (Article 248)States (10th Amendment)
Upper HouseRajya Sabha — seats in proportion to populationSenate — two senators per state, equal representation
Vice-PresidentEx officio Chairman of the Rajya SabhaPresident of the Senate
Judicial review standard“Procedure established by law” (Article 21), read since Maneka Gandhi (1978) to require a fair, just and reasonable procedure“Due process of law” (5th and 14th Amendments)
AmendmentInitiated only in Parliament; special majority; ratification by half the States for federal provisions (Article 368)Proposed by two-thirds of both Houses of Congress (or a convention called on the application of two-thirds of the states); ratified by three-fourths of the states
Removal of head of StateImpeachment for “violation of the Constitution” (Article 61); two-thirds of total membership of each HouseHouse of Representatives impeaches; Senate convicts by two-thirds
Federal character“Indestructible Union of destructible States” — Parliament can reorganise States (Article 3)“An indestructible Union, composed of indestructible States” (Texas v. White, 1869)

5. Canada, Australia and Ireland — the specific borrowings

  • Canada: like India, a federation with a strong Centre and residuary powers at the Centre; provincial heads (Lieutenant Governors) are appointed by the federal government — the model for Indian Governors. Its Supreme Court’s advisory role parallels Article 143.
  • Australia: a Concurrent List and the guarantee of free trade and commerce across the federation (India: Articles 301–307); joint sittings to resolve deadlocks (India: Article 108).
  • Ireland: the Irish Constitution of 1937 contains “Directive Principles of Social Policy” that are not enforceable in courts — the model for Part IV. Ireland also nominates members to its Senate, the model for the 12 nominated Rajya Sabha members (Article 80).

6. What makes India’s Constitution distinctive

  • Synthesis of parliamentary sovereignty and judicial supremacy: Parliament can amend the Constitution, but not its basic structure (Kesavananda Bharati, 1973); courts can review laws, but within the text’s limits.
  • Blend of rigidity and flexibility: three types of amendment — simple majority (outside Article 368), special majority, and special majority with ratification by half the States.
  • Integrated judiciary and All India Services in a federal system.
  • Fundamental Duties and Directive Principles alongside enforceable rights.
  • Length and detail: originally 395 articles, 22 Parts and 8 Schedules — one of the longest written constitutions in the world.

Memory Anchors

Source mnemonic — first letters of the big five borrowings:

  • Ireland → Instructions to the State (DPSP)
  • Australia → All-shared list (Concurrent List)
  • Canada → Centre-strong federation, residuary powers
  • USA → Unalienable rights (Fundamental Rights), judicial review
  • Kingdom (UK) → King-in-Parliament system (parliamentary government)

“I ACcept UK” → Ireland, Australia, Canada, USA, UK.

Odd sources: Weimar = Withdrawal of rights in emergency; USSR = duties; Japan = “procedure established by law”; South Africa = amendment procedure and Rajya Sabha elections.

One-line Mains hooks:

  • Ambedkar: “more responsibility” (parliamentary) over “more stability” (presidential).
  • Granville Austin described the Indian Constitution as “first and foremost a social document”.

For Prelims

Facts worth a mark
  • DPSP — Ireland; Fundamental Duties — USSR; Concurrent List — Australia; residuary powers with Centre — Canada.
  • Suspension of Fundamental Rights in emergency — Weimar Germany.
  • “Procedure established by law” — Japan; “due process of law” — USA.
  • Amendment procedure and election of Rajya Sabha members — South Africa.
  • Parliamentary privileges, prerogative writs, single citizenship — UK.
  • Vice-President and impeachment of the President — USA.
  • The largest single source is the Government of India Act, 1935.

For Mains

  • Dimensions: executive (parliamentary vs presidential; stability vs accountability); federal (holding-together vs coming-together federations); judicial (review, basic structure, due process); rights (enforceable FRs vs non-justiciable DPSPs); amendment (flexibility vs rigidity).
  • Keywords: holding-together federation, coming-together federation, constitutional supremacy, parliamentary sovereignty, separation vs fusion of powers, checks and balances, constitutional borrowing, constitutional morality.
  • Value-addition: Ambedkar’s 4 November 1948 speech; Kesavananda Bharati (1973); Maneka Gandhi (1978) bringing a due-process-like standard into Article 21; Texas v. White (1869) for US federalism; K.C. Wheare’s “quasi-federal” description of India.

Common Traps

Trap #1: 'India borrowed judicial review from the UK'
The UK has no judicial review of primary legislation — Parliament is sovereign. Judicial review of laws comes from the US model.
Trap #2: 'Fundamental Duties came from the USA or Japan'
Fundamental Duties (Article 51A, 42nd Amendment, 1976) are traced to the USSR constitution. The US Constitution has no list of fundamental duties.
Trap #3: 'India follows due process of law'
Article 21 uses “procedure established by law” (from Japan). Since Maneka Gandhi (1978), the procedure must be fair, just and reasonable — closer to substantive due process — but the text itself was not changed.

Practice

Prelims

UPSC Practice · Prelims GS I Qcct-1

Consider the following pairs:

Feature of the Indian ConstitutionBorrowed from
1. Directive Principles of State PolicyIreland
2. Concurrent ListAustralia
3. Residuary powers with the CentreCanada
4. Suspension of Fundamental Rights during emergencyWeimar Germany

How many of the pairs given above are correctly matched?

  1. A Only one
  2. B Only two
  3. C Only three
  4. D All four
Solution

All four are correctly matched. Note the common distractors: residuary powers with the states is the US model; Fundamental Duties come from the USSR.

Answer: D

UPSC-pattern practice question
UPSC Practice · Prelims GS I Qcct-2

Which of the following features of the Indian Constitution distinguish it from the constitutional system of the United Kingdom?

  1. A written, codified Constitution
  2. A parliamentary form of government
  3. Judicial review of laws made by the legislature
  4. An elected Head of State

Select the correct answer using the code given below.

  1. A 1 and 3 only
  2. B 1, 3 and 4 only
  3. C 2 and 4 only
  4. D 1, 2, 3 and 4
Solution

India has a written Constitution (UK’s is uncodified), judicial review of legislation (UK Parliament is sovereign), and an elected President (UK has a hereditary monarch). The parliamentary form is shared — India borrowed it from the UK.

Answer: B

UPSC-pattern practice question
UPSC Practice · Prelims GS I Qcct-3

The expression “procedure established by law” in Article 21 of the Constitution of India was adopted from the Constitution of:

  1. A Japan
  2. B United States
  3. C United Kingdom
  4. D Ireland
Solution

Japan. The US Constitution uses “due process of law”. The Constituent Assembly deliberately chose the narrower phrase, though the Supreme Court has since read fairness into it (Maneka Gandhi, 1978).

Answer: A

UPSC-pattern practice question

Mains

UPSC Practice · Mains GS II 15 marks · 250 words Qcct-m1

“The Indian Constitution is a bag of borrowings.” Critically examine this view with suitable examples.

Solution

Introduction: Critics in and after the Constituent Assembly called the Constitution a patchwork of foreign constitutions and a reworked Government of India Act, 1935. Ambedkar replied that no one holds patent rights in constitutional ideas.

Body:

  • Basis of the criticism: the 1935 Act’s federal scheme, Governor’s office and emergency powers; UK’s parliamentary system; US Fundamental Rights and judicial review; Irish Directive Principles; Canadian strong-Centre federation; Australian Concurrent List.
  • Why “borrowing” is not copying: adaptation — parliamentary government with an elected President; judicial review without US-style “due process”, later enriched by Maneka Gandhi; federalism with a strong Centre suited to a diverse, newly partitioned nation; DPSPs made “fundamental in governance” (Article 37).
  • Indian innovations: basic structure doctrine (Kesavananda Bharati, 1973); reservation and special provisions for SCs, STs and backward classes; Fifth and Sixth Schedules; Panchayati Raj (73rd and 74th Amendments); integrated judiciary; single election machinery; Fundamental Duties.
  • Indian roots: the Objectives Resolution (1946), the freedom movement’s demands (Karachi Resolution, 1931, on Fundamental Rights), and social reform ideals.

Conclusion: The Constitution borrowed institutions but built a distinctly Indian synthesis — a social document (Granville Austin) aimed at a social revolution through democratic means.

UPSC-pattern practice question

Quick Revision

PointOne-liner
Largest sourceGovernment of India Act, 1935
UKParliamentary system, rule of law, single citizenship, writs
USAFundamental Rights, judicial review, impeachment, Vice-President
IrelandDPSP, Rajya Sabha nominations, presidential election method
CanadaStrong Centre, residuary powers, Governors appointed by Centre
AustraliaConcurrent List, trade and commerce, joint sitting
Weimar GermanySuspension of FRs during emergency
USSRFundamental Duties; social, economic, political justice
Japan“Procedure established by law”
South AfricaAmendment procedure; Rajya Sabha elections
AmbedkarParliamentary = more responsibility; presidential = more stability

Key Takeaways

Key Takeaways
  1. The Constitution borrowed institutions from many sources, but its administrative backbone is the Government of India Act, 1935.
  2. India chose parliamentary responsibility over presidential stability, and a strong-Centre federation over a US-style compact of states.
  3. Indian innovations — the basic structure doctrine, social justice provisions and Panchayati Raj — make it a synthesis, not a copy.
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