Sources of Constitution and Fundamental Rights - Polity Notes

Sources of Constitution and Fundamental Rights

Different Sources of the Constitution of India

• The Constitutions of India is derived from the Government of India Act, 1935 and the constitutions of other countries.
• Government of India Act, 1935 – It acts as the “blueprint” of Indian Constitution and has the features of Emergency power, Governor Office and Federal system etc.
• Constitution of USA – Judicial review, fundamental rights, removal of the judges of High Court and Supreme Court, Independence of Judiciary, Preamble and functions of President and Vice President.
• Constitution of Britain – Rule of law, law making procedures, Bi-cameral Parliamentary system, office CAG, Single Citizenship.
• Constitution of Canada – Federation with strong center, the advisory jurisdiction of Supreme Court, to provide main powers to the center.
• Constitution of Ireland – Method of the Presidential Elections, Directive Principles of State Policy, Nomination of members to Rajya Sabha by President.
• Constitution of Australia – Idea of the trade, concurrent list and commerce provisions.
• Weimar Constitution of Germany – Provisions concerned the suspension of Fundamental Rights during the Emergency.
• Constitution of South Africa – Amendment with 2/3 rd majority in Parliament and Election of the members of Rajya Sabha on the proportional representation.
• Constitution of France – Principles of Liberty, Equality and Fraternity, Republican System.
• Constitution of Former USSR – Ideals of Justice in Preamble, Fundamental Duties.

Articles Related to Fundamental Rights

• Art. 1- 4 – The Union and its Territory
• Art. 5 – 11 – Citizenship
• Art. 12 – Definition
• Art. 13 – Laws inconsistent in or with derogation of the fundamental rights
• Art. 14 – Equality before law
• Art. 15 – Prohibition of discrimination on the basis of religion, caste, race, sex or birthplace
• Art. 16 – Equality of the opportunity in case of public employment
• Art. 17 – Abolition of the Untouchability
• Art. 18 – Abolition of the titles
• Art. 19 – Protection of certain rights i.e. freedom of speech
• Art. 20 – Protection in case of conviction for offences
• Art. 21 – Protection of Life and the liberty of a person
• Art. 21A – Right to Education
• Art. 22 – Protection against arrest and detention in certain cases
• Art. 23 – Prohibition in traffic in human being and forced labour
• Art. 24 – Prohibition of employment of children in factories
• Art. 25 – Freedom of conscience and free profession, practice and propagation of religion
• Art. 26 – Freedom to manage the religious affairs
• Art. 27 – Freedom to pay taxes for the promotion purpose of a particular religion
• Art. 28 – Freedom like to follow religious instruction or worship in specific educational institutes.
• Art. 29 – Protection of the minority Interest
• Art. 30 – Right of minorities to establish and administer educational institutions

Special Features of the Indian Constitution 

• The constitution of India is the lengthiest and most comprehensive written constitution of the world.
• The constitution contains detailed provisions regarding the Center-State relations including Emergency Provisions.
• The Constitution provides Special Status to Jammu and Kashmir. Some other states like Nagaland, Mizoram, Gujrat, Assam also enjoy the special status.
• Indian Constitution says the People of India are ultimate sovereign.
• The Constitution establishes the Parliamentary form of the Government in both at Center and States.
• The Constitution is flexible in nature sufficiently.
• It declares the Fundamental Rights of the individual.
• The Indian Constitution makes the citizen’s duties a part of basic law of land.
• There is a provision of Directive Principles of State Policy in Indian Constitution to secure the welfare of a state truly.
• The Constitution distributes the legislative subjects on the basis of which the Parliament and State Legislature can enact laws under Union List, State List and Concurrent List.
• The Indian Constitution provides for single unified judiciary with Supreme Court at the Apex, the High Courts in middle and Subordinate Courts at bottom.
• There are provisions in the Constitution to ensure the judicial independence.
• The Constitution of India has maintained a balance between the British Principle of Parliamentary Supremacy and American System of Judicial Supremacy.
• The most remarkable feature of the Indian Constitution is being a Federal Constitution it acquires the unitary character during the emergency time.
• Under the Indian Constitution, the adult above 18 years of age has been given the right to elect the representatives for legislature without prescribing qualification based on property, sex, education etc.
• The Indian Constitution has special reservation of seats for the Scheduled Castes and Tribes in the educational institutions and Union and State Legislatures.
• The Indian Constitution provides the establishment of a Secular State. The Indian citizens enjoy equal rights irrespective of their religious beliefs.
• The Constitution of India provides reservation of seats for the Scheduled Caste and Scheduled Tribes in Public appointments, in educational institutions in Union and State Legislatures.
• Panchayati Raj is a unique feature of Indian Constitution. The idea of organizing the village panchayats was provided under Article 40 of Part IV which received Constitutional Legitimacy through 73rd Amendment to Indian Constitutions.
• The Indian Constitution has the features of both of the Federal and Unitary form of Governments.
• Both of the Union and State Government work as per as the directives of the Constitution. India also has the independent judiciary as an essential feature like the other Federal countries.
• The Residuary power belongs to the center. The Constitution provides a single Judiciary, single system of criminal and civil law and organizes All India services.
• The National Emergency can turn the Federal System of India into Unitary System immediately.

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