Polity
Preamble and Salient Features of the Constitution
Sources of the Constitution
Sources of the Indian Constitution for CGPSC: features borrowed from the 1935 Act, Britain, the US, Ireland, Canada, Australia and others, with tricks and MCQs.
Prerequisites
- Salient Features of the Constitution — you need to know the features before you match them to their sources.
- Constitutional Development (1773–1950) — the Government of India Act, 1935 and the Constituent Assembly in detail.
The Hook: Six Members From This Region
Connect
When the Constituent Assembly sat in Delhi, the region we now call Chhattisgarh was part of the Central Provinces and Berar and the Chhattisgarh princely states. It sent members such as Pandit Ravishankar Shukla, Barrister Thakur Chhedilal, Ghanshyam Singh Gupta, Kishori Mohan Tripathi, Ramprasad Potai (an Adivasi lawyer from the Kanker area) and Raghuraj Singh.
Ghanshyam Singh Gupta of Durg chaired the committee that prepared the Hindi translation of the Constitution. So the Hindi text you read in a CGPSC question paper owes something to a member from this region.
These members, like the rest of the Assembly, had to choose from what the world already offered: the British cabinet system, the American Bill of Rights, the Irish Directive Principles, the Canadian strong Centre. Which feature came from where, and was the result just a “bag of borrowings”?
Why it matters: “Which feature was borrowed from which country” is one of the most predictable Prelims question types, almost always set as match-the-following. Mains asks whether the Constitution is merely a borrowed document.
The Biggest Single Source: Government of India Act, 1935
The Government of India Act, 1935 (भारत शासन अधिनियम, 1935) provided the structural and administrative skeleton of the Constitution. A large part of the Constitution’s text follows it.
| Borrowed from the 1935 Act | Where it is now |
|---|---|
| Federal scheme (division of powers into three lists) | Seventh Schedule |
| Office of Governor | Arts 153–162 |
| Judiciary (Federal Court → Supreme Court) | Part V, Chapter IV; Part VI, Chapter V |
| Public Service Commissions | Arts 315–323 |
| Emergency provisions | Part XVIII |
| Administrative details | Throughout |
What the 1935 Act did NOT give
The political philosophy came from elsewhere. The 1935 Act had no Fundamental Rights, no universal adult franchise, and its proposed federation never came into being. It also gave Britain the final word. The Preamble, Part III and Part IV are what turned a colonial frame into a democratic constitution.
Foreign Sources: Country by Country
| Source | Features borrowed |
|---|---|
| Britain (UK) | Parliamentary government; rule of law; legislative procedure; single citizenship; cabinet system; prerogative writs; parliamentary privileges; bicameralism |
| United States (USA) | Fundamental Rights; independence of the judiciary; judicial review; impeachment of the President; removal of Supreme Court and High Court judges; post of Vice-President |
| Ireland | Directive Principles of State Policy; nomination of members to the Rajya Sabha; method of election of the President |
| Canada | Federation with a strong Centre; residuary powers with the Centre; appointment of State Governors by the Centre; advisory jurisdiction of the Supreme Court |
| Australia | Concurrent List; freedom of trade, commerce and intercourse; joint sitting of the two Houses of Parliament |
| Weimar Constitution (Germany) | Suspension of Fundamental Rights during an Emergency |
| Soviet Union (USSR) | Fundamental Duties; the ideal of justice (social, economic and political) in the Preamble |
| France | Republic; ideals of liberty, equality and fraternity in the Preamble |
| South Africa | Procedure for amendment of the Constitution; election of members of the Rajya Sabha |
| Japan | “Procedure established by law” (Art 21) |
Attribution conventions
These attributions are the standard textbook list that Prelims questions follow. Some are simplifications. Fundamental Duties, for instance, were added in 1976 and only loosely modelled on the Soviet constitution, and Ireland itself drew its directive principles partly from Spain. In an MCQ, give the textbook answer. In a Mains answer, you can add that borrowed ideas were adapted.
The same institution, two sources
Some topics have different sources for different parts. Examiners like these:
| Topic | Part | Source |
|---|---|---|
| President | Impeachment | USA |
| Method of election | Ireland | |
| Emergency powers (frame) | 1935 Act; suspension of FRs from Weimar Germany | |
| Rajya Sabha | Nomination of members | Ireland |
| Election of members | South Africa | |
| Federalism | Federal scheme | 1935 Act |
| Strong Centre, residuary powers | Canada | |
| Concurrent List | Australia | |
| Judiciary | Structure (Federal Court) | 1935 Act |
| Independence, judicial review | USA | |
| Advisory jurisdiction | Canada | |
| Preamble | Liberty, equality, fraternity | France |
| Social, economic, political justice | USSR | |
| Idea of a preamble (“We the People”) | USA |
The Constituent Assembly at a Glance
The full story is in Constitutional Development. The facts you need alongside “sources”:
| Point | Detail |
|---|---|
| First meeting | 9 December 1946 |
| Objectives Resolution | Moved by Nehru, 13 December 1946; adopted 22 January 1947 |
| Drafting Committee | Chaired by Dr B.R. Ambedkar (set up 29 August 1947) |
| Constitutional Adviser | B.N. Rau, who prepared the initial draft |
| Adopted | 26 November 1949 |
| Came into force | 26 January 1950 |
| Members from the Chhattisgarh region (examples) | Pt. Ravishankar Shukla, Barrister Thakur Chhedilal, Ghanshyam Singh Gupta, Kishori Mohan Tripathi, Ramprasad Potai, Raghuraj Singh |
| Hindi translation | Committee chaired by Ghanshyam Singh Gupta; an expert committee under him later revised it |
Analysis for Mains: A “Borrowed Constitution”?
The criticism
- Critics called it a “bag of borrowings”, a “patchwork”, or a “carbon copy of the 1935 Act”.
- Some members wanted a constitution rooted in Indian, especially Gandhian, ideas of village self-government, and called the result “un-Indian”.
The defence
- Ambedkar’s reply in the Assembly was that, at this point in history, the fundamentals of a constitution were common knowledge everywhere. What mattered was adapting them to Indian needs, and avoiding the faults of other constitutions.
- Selective and adapted: India took the British parliamentary system but added a written Constitution and judicial review. It took the US Bill of Rights but added reasonable restrictions. It took the Irish Directive Principles but used them to shape a welfare State.
- Original Indian elements: a secular State suited to Indian pluralism; reservations for Scheduled Castes and Scheduled Tribes; the Fifth and Sixth Schedules for tribal areas; universal adult franchise from day one; later, Panchayati Raj and the basic structure doctrine, a product of Indian courts.
- Learning from experience: borrowing tested institutions was prudence, not imitation, for a new nation facing Partition and the integration of princely states.
Chhattisgarh angle: The Fifth Schedule has no foreign model. It was designed for Scheduled Areas such as Bastar and Sarguja, and members like Ramprasad Potai spoke for the Adivasi communities it protects. Mains answers on “originality” should use this example.
Memory Tricks
One-liners by country
- UK — “PRSC-WB”: Parliamentary govt, Rule of law, Single citizenship, Cabinet, Writs, Bicameralism. Think “Prime minister Rules Single-handedly from the Cabinet, Writing Bills.”
- USA — “FIJI-VP”: Fundamental Rights, Independent judiciary, Judicial review, Impeachment, Vice-President.
- Ireland — “DNA”: Directive Principles, Nomination to Rajya Sabha, Appointment (method of election) of the President. Ireland gives India its policy DNA.
- Canada — “Strong Centre, Strong Governor, Strong Court”: strong Centre with residuary powers, Governor appointed by the Centre, advisory jurisdiction of the Supreme Court.
- Australia — “CTJ”: Concurrent List, Trade freedom, Joint sitting. “Cricket Teams Join” (Australia plays cricket).
- USSR — “Duties”: the Soviets demanded duties. France — “Liberté, égalité, fraternité”. Japan — “Procedure”. Germany — “Emergency”. South Africa — “Amendment + Rajya Sabha election”.
Don’t Confuse
| This | vs | That |
|---|---|---|
| Impeachment of the President — USA | vs | Election of the President — Ireland |
| Nomination to Rajya Sabha — Ireland | vs | Election of Rajya Sabha members — South Africa |
| Residuary powers with Centre — Canada | vs | Concurrent List — Australia |
| Suspension of FRs in emergency — Weimar Germany | vs | Emergency provisions (frame) — GoI Act, 1935 |
| Procedure established by law — Japan | vs | Due process of law — USA (not adopted in the text) |
| Prerogative writs — UK | vs | Judicial review — USA |
| Justice: social, economic, political — USSR | vs | Liberty, equality, fraternity — France |
| Fundamental Rights — USA | vs | Fundamental Duties — USSR |
Common Mistakes
MCQ traps
- “Directive Principles were borrowed from the USSR.” False. Ireland. The USSR is the source of Fundamental Duties.
- “Concurrent List came from Canada.” False. Australia. Canada gave residuary powers to the Centre.
- “Judicial review came from Britain.” False. The USA. Britain has parliamentary sovereignty.
- “Rule of law came from the USA.” False. Britain.
- “Amendment procedure was borrowed from the USA.” The textbook source is South Africa.
- “Joint sitting came from Britain.” False. Australia.
- “Federal scheme came from the USA.” The structural source is the Government of India Act, 1935; the strong Centre is from Canada.
Practice
All questions below are original practice questions written in CGPSC style. They are not previous-year questions.
Level 1: Foundation
- The Directive Principles of State Policy were borrowed from the Constitution of ______.
- The idea of the Concurrent List was taken from the Constitution of ______.
- Who chaired the committee that prepared the Hindi translation of the Constitution?
Answers
- Ireland.
- Australia.
- Ghanshyam Singh Gupta (a Constituent Assembly member from Durg).
Level 2: Prelims MCQs
Q1. Match List I (Feature of the Indian Constitution) with List II (Source):
| List I | List II |
|---|---|
| A. Residuary powers with the Centre | 1. Ireland |
| B. Method of election of the President | 2. Australia |
| C. Joint sitting of the two Houses | 3. Canada |
| D. Suspension of Fundamental Rights during Emergency | 4. Weimar Germany |
- (a) A-3, B-1, C-2, D-4
- (b) A-2, B-1, C-3, D-4
- (c) A-3, B-4, C-2, D-1
- (d) A-1, B-3, C-4, D-2
Answer and explanation
(a) A-3, B-1, C-2, D-4. Canada: residuary powers and a strong Centre. Ireland: election of the President. Australia: joint sitting and the Concurrent List. Weimar Germany: suspension of Fundamental Rights during an emergency. Option (b) swaps Canada and Australia, the most common error.
Q2. Consider the following statements:
- The office of Governor and the Public Service Commissions were adopted from the Government of India Act, 1935.
- The Government of India Act, 1935 contained a chapter on Fundamental Rights, which was carried into the Constitution.
- Judicial review was borrowed from the Constitution of the United Kingdom.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer and explanation
(a) 1 only. The 1935 Act gave the structural frame: federal scheme, Governor, judiciary, PSCs, emergency provisions. It had no Fundamental Rights; those were inspired by the US Bill of Rights. Judicial review also comes from the USA. Britain has parliamentary sovereignty, so courts there cannot strike down Acts of Parliament.
Q3. Which of the following features of the Indian Constitution were borrowed from the British Constitution?
- Single citizenship
- Rule of law
- Independence of the judiciary
- Prerogative writs
Select the correct answer using the code below:
- (a) 1, 2 and 3 only
- (b) 1, 2 and 4 only
- (c) 2, 3 and 4 only
- (d) 1, 2, 3 and 4
Answer and explanation
(b) 1, 2 and 4 only. Single citizenship, rule of law and prerogative writs are British. Independence of the judiciary (with judicial review) is a US borrowing in the standard list.
Q4. The concept of “procedure established by law” in Article 21 was borrowed from the Constitution of:
- (a) the United States
- (b) the United Kingdom
- (c) Japan
- (d) Canada
Answer and explanation
(c) Japan. The framers deliberately preferred “procedure established by law” to the American “due process of law”, which gives courts wider power to review the fairness of laws. After Maneka Gandhi (1978), the Supreme Court read a requirement of fair, just and reasonable procedure into Article 21.
Q5. The ideal of “Justice — social, economic and political” in the Preamble is drawn from which source, and “Fundamental Duties” from which?
- (a) France; USSR
- (b) USSR; USSR
- (c) USSR; Ireland
- (d) Ireland; USSR
Answer and explanation
(b) USSR; USSR. Both are traced to the Soviet Union. France gave liberty, equality and fraternity. Ireland gave the Directive Principles, which is why (c) and (d) look tempting.
Level 3: Mains Answer Writing
Q1. (60 words) What did the Constitution take from the Government of India Act, 1935, and what did it reject?
Model answer outline
- Intro: The 1935 Act was the largest single source of the Constitution’s text.
- Taken: federal scheme and three lists, office of Governor, judiciary (Federal Court), PSCs, emergency provisions, administrative detail.
- Rejected or added: British supremacy, communal electorates and the limited franchise. Added sovereignty, Fundamental Rights, DPSP, universal adult franchise and responsible government at the Centre.
- Conclusion: frame retained, philosophy replaced.
Q2. (150–200 words) “The Indian Constitution is a bag of borrowings.” Critically examine.
Model answer outline
- Intro: The framers drew on the 1935 Act and on the constitutions of the UK, US, Ireland, Canada, Australia and others. Hence the charge.
- Evidence for borrowing: parliamentary system (UK), Fundamental Rights and judicial review (US), DPSP (Ireland), strong Centre (Canada), Concurrent List (Australia), administrative frame (1935 Act).
- Why it is not mere copying:
- Adaptation: British parliamentary system plus a written Constitution and judicial review; US rights plus reasonable restrictions.
- Original elements: positive secularism; reservations; Fifth and Sixth Schedules; universal adult franchise from 1950.
- Indian development: basic structure doctrine (1973), Panchayati Raj (1992).
- Ambedkar’s defence: the fundamentals of constitutions were common knowledge; the task was to adapt them and avoid their faults.
- Chhattisgarh angle: the Fifth Schedule, which governs Scheduled Areas such as Bastar, has no foreign model. Members from the region, including the Adivasi lawyer Ramprasad Potai, sat in the Assembly that drafted it.
- Conclusion: Borrowed in parts, original in synthesis: a constitution that has lasted since 1950 through 106 amendments (as of 2026).
Quick Revision Table
| Source | Key borrowings |
|---|---|
| GoI Act, 1935 | Federal scheme, Governor, judiciary, PSCs, emergency provisions, administrative details |
| UK | Parliamentary govt, rule of law, legislative procedure, single citizenship, cabinet, writs, privileges, bicameralism |
| USA | Fundamental Rights, independent judiciary, judicial review, impeachment of President, removal of judges, Vice-President |
| Ireland | DPSP, nomination to Rajya Sabha, method of election of President |
| Canada | Strong Centre, residuary powers with Centre, Governor appointed by Centre, advisory jurisdiction of SC |
| Australia | Concurrent List, freedom of trade and commerce, joint sitting |
| Weimar Germany | Suspension of FRs during emergency |
| USSR | Fundamental Duties; social, economic, political justice |
| France | Republic; liberty, equality, fraternity |
| South Africa | Amendment procedure; election of Rajya Sabha members |
| Japan | Procedure established by law |
| Hindi translation | Committee chaired by Ghanshyam Singh Gupta (Durg) |
Key Takeaways
Key Takeaways
- The Government of India Act, 1935 gave the structural frame; foreign constitutions gave much of the philosophy.
- UK = parliamentary system and rule of law; USA = rights and judicial review; Ireland = DPSP.
- Federalism has three sources: 1935 Act (scheme), Canada (strong Centre), Australia (Concurrent List).
- Watch split topics: President (US impeachment, Irish election), Rajya Sabha (Irish nomination, South African election).
- “Borrowed but adapted”: Fifth Schedule, reservations, positive secularism and the basic structure are Indian.
What’s Next
- Quick Revision: Preamble and Salient Features — the whole chapter on one page
- Fundamental Rights — the US-inspired Part III in detail
- Directive Principles and Fundamental Duties — the Irish and Soviet borrowings in detail
- Union Executive — the President’s election and impeachment
- Freedom Movement in Chhattisgarh — the national movement in the region that several of these members came from
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