Imprint of the British Constitution on the Indian Constitution. (UPSC CSE Mains 2023 - Political Science and International Relations, Paper 1)
The Indian Constitution carries the imprint of the British Constitution in various aspects, including its system of governance, rule of law, constitutional monarchy, legal system, protection of fundamental rights, and more.
Influence of the British Constitution:
- Parliamentary System: India adopted the parliamentary system of government from the British Constitution. It establishes the President as the constitutional head and the Prime Minister as the executive head of the government, similar to the British monarchy and the Prime Minister.
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- India''s Council of Ministers is responsible to the Parliament, similar to the British Cabinet''s responsibility to the House of Commons.
- India''s Rajya Sabha (Council of States) and Lok Sabha (House of the People) resemble the British House of Lords and House of Commons.
- Rule of Law: Both the Indian and British Constitutions uphold the principle of the rule of law. It ensures that the government is subject to the law and that individuals have legal protections and remedies.
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- India''s judiciary, like the British judiciary, is independent and interprets the law impartially.
- India''s Constitution includes provisions related to habeas corpus, similar to British law, safeguarding individual liberty.
- Constitutional Monarchy: The British Constitution has a constitutional monarchy, which India partly emulated. The Indian President, like the British monarch, has a ceremonial role, while the real power rests with the elected government.
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- The President of India serves as the ceremonial head of state, mirroring the role of the British monarch.
- The Prime Minister of India wields executive authority, similar to the British Prime Minister.
- Common Law System: India inherited the common law system from British colonial rule. It forms the basis of India''s legal system, with courts relying on precedent and case law.
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- Indian courts often refer to British legal precedents in their judgments. Legal terms and procedures in India have British origins.
- Fundamental Rights: The British Bill of Rights and Magna Carta influenced India''s inclusion of fundamental rights. It guarantees individual freedoms and limits the government''s power.
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- Both constitutions protect freedom of speech, albeit with some variations.
- Both constitutions uphold the principle of equality before the law.
While India''s Constitution has evolved and adapted to its unique needs, it reflects a deep influence from its colonial past and the principles of British constitutionalism.
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