Constitution Of India

Sources of the Indian Constitution

From Russia Revolution 1917

Ideal Of Justice In Social, Education, Economic And Political

From French Revolution 1789-1799:
Ideal of Liberty, Equality and fraternity

Ideal of Republic

Here, we should make it clear that Constitution Declares the Indian State to be sovereign, democratic, republic and from 1977 secular and socialist. Each of these concepts is intertwined with the social and political history of civilization, battle of ideas and system of Governance. The American Revolution, The French Revolution, The Russian Revolution and India's own freedom struggle contributed to these concepts. The ideal of Republic cannot be said to be borrowed from French Constitution alone.

The Declaration of the Rights of Man and of the Citizen from which the ideal of "Liberté, égalité, fraternité" has been taken was the motto inspired by the French Revolution and following the Liberation, the Provisional Government of the French Republic (GPRF) re-established the Republican motto Liberté, égalité, fraternité, which is incorporated into both the 1946 and the 1958 French constitutions. French slogan of "Liberty, Equality and Fraternity" as an ideal has been borrowed from French Revolution to Indian constitution.

Immediately before the Indian Constitution, amendments to the 1936 Constitution established separate branches of the Red Army for each Soviet Republic. Decision to Become a Republic was taken in May 1949.

From Govt. of India Act 1935

Federal Scheme (also from constitution of Canada)
Office of Governor
Judiciary
Public Service Commission
Emergency
Administrative Details

From British Constitution
Parliamentary Form of Government.
Rule of Law
Legislation
Single Citizenship
Cabinet Form of Government
Prerogative Writs
Bicameralism
Parliamentary privileges
Legislative Procedure

From the Constitution of United States:
Fundamental Rights
Independent Judiciary
Judicial Review
Impeachment of President
Removal of Supreme Court Judges
Vice Presidential Ship

From Constitution of Ireland
Directive Principles of State Policy
Nomination of Members to Rajya Sabha
Electoral Office And Method of President Election

From Canada Constitution
Canada is a pure federal country.
Federation with strong center
Residuary power with center
Appointment of state governors by center
Advisory/review of supreme court

From Constitution of Australia
Concurrent List
Freedom of Trade
Commerce And Inter State Trade
Joint Sitting In The Parliament

From Constitution of USSR
Fundamental Duties
Preamble

From Constitution of South Africa
Procedure for Amendment of the Constitution.
Election to the Rajya Sabha Members

From Constitution of Japan
Procedures Established By Law

From Weimer constitution of Germany
Suspension of fundamental rights during emergency

Constitution Review Commission

The topic of the Constitution Review Commission is recent. It was set up in 2000. The basic idea was that constitution, one the one had should not be amended too frequently and on the other hand it should reflect the changing dynamisms of the society. It should not be static.

The National Commission to Review the Working of the Constitution was set up vide Government Resolution dated 22 February, 2000 to examine, in the light of the experience of the past 50 years, as to how best the Constitution can respond to the changing needs of efficient, smooth and effective system of governance and socio-economic development of modern India within the framework of Parliamentary democracy, and to recommend changes, if any, that are required in the provisions of the Constitution without interfering with its basic structure or features.

On 23 February 2000, the President of India appointed Justice Shri M.N. Venkatachaliah, former Chief Justice of India as the Chairperson of the Commission.

Following persons as the other Members of the Commission:

Justice Shri B.P. Jeevan Reddy, Chairman, Law Commission of India
Justice Shri R.S. Sarkaria, former Judge, Supreme Court of India
Justice Shri Kottapalli Punnayya, former Judge, Andhra Pradesh High Court
Shri P.A.Sangma, former Speaker, Lok Sabha; and Member of Parliament
Shri Soli J. Sorabjee, Attorney General for India
Shri K. Parasaran, Senior Advocate and former Attorney General for India
Dr.Subhash C. Kashyap, former Secretary General, Lok Sabha
Shri C.R. Irani, Chief Editor and Managing Director, The Statesman
Dr. Abid Hussain, former Ambassador of India in the USA
Smt. Sumitra G. Kulkarni, former Member of Parliament, (Rajya Sabha)

Dr. Raghbir Singh, Secretary to the Government of India in the Ministry of Law, Justice and Company Affairs (Legislative Department) was asked to look after the work of the Secretary to the Commission immediately and on his superannuation, he was appointed as the Secretary to the Commission with effect from 1 April 2000.

Terms of Reference:

The terms of reference was approved by the cabinet through a resolution. It read as follows:

"The Commission shall examine, in the light of the experience of the past 50 years, as to how best the Constitution can respond to the changing needs of efficient, smooth and effective system of governance and socio-economic development of modern India within the framework of parliamentary democracy and to recommend changes, if any, that are required in the provisions of the Constitution without interfering with its basic structure or features."

Tenure:

The Commission was required to complete its work and make recommendations within one year. The tenure of the Commission was extended from time to time up to 31st March, 2002.

The Commission submitted its report in two volumes to the Government on 31st March, 2002.

Recommendations:

This commission recommended a long list of amendments and tried to touch almost all the issues. It recommended on Fundamental Rights, Directive principles, Fundamental Duties, legislatures, Electoral process, political parties, Executive and Public Administration, The judiciary, center state relations, Trade commerce and intercourse, Resolution of disputes & the Executive.