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27 Jan 2025
GS Paper 2
Polity & Governance
Day 49: Examine how the Indian Constitution, while drawing inspiration from global frameworks, distinctively tailors borrowed features to address India’s unique socio-political and historical needs. (150 Words)
Approach
- Introduce the Indian Constitution as a synthesis of global principles and indigenous innovations.
- In the body, explain borrowed features, their sources, and detailed indigenous adaptations for India’s diverse needs, with examples.
- Conclude by emphasizing the role of this synthesis in ensuring effective governance and stability.
Introduction
The Indian Constitution, often termed a "borrowed document," incorporates features from constitutions worldwide. However, these features were carefully adapted to address India’s unique socio-political and cultural complexities. This blend of global principles with indigenous innovations has created a framework capable of meeting the challenges of a diverse and pluralistic society.
Body
Borrowed Features and Their Indigenous Adaptations:
- Parliamentary System (United Kingdom): The Westminster model emphasizes an executive accountable to the legislature, ensuring political stability and public representation.
- Adaptation: India combined this with universal adult franchise, allowing inclusive representation across diverse social, linguistic, and regional groups.
- Example: The Prime Minister and Council of Ministers are collectively responsible to the Lok Sabha, reflecting the will of the people.
- Federal Structure with a Strong Centre (Canada):
- Inspired by Canada’s federalism, India divided powers between the Union and states.
- Adaptation: To maintain unity in a newly independent nation, a unitary bias was introduced during emergencies.
- Example: Articles 246 (division of powers) and 356 (President’s Rule) empower the Centre to address crises, ensuring national integrity.
- Fundamental Rights (United States):
- Modeled after the US Bill of Rights, these provisions protect individual freedoms and equality.
- Adaptation: Fundamental Rights were tailored to counter India’s social hierarchies, addressing issues like caste-based discrimination.
- Example: Article 17 abolished untouchability, while Article 15 prohibits discrimination based on caste, religion, or gender.
- Directive Principles of State Policy (Ireland):
- These non-justiciable principles aim to guide governance toward socio-economic justice.
- Adaptation: India prioritized equitable development through Articles 39 (resource distribution) and 45 (universal education).
- Example: These principles influenced welfare schemes like MGNREGA and Right to Education Act.
- Independent Judiciary with Judicial Review (United States):
- Borrowed to safeguard constitutional values, judicial review ensures a balance of power.
- However, in India, unlike the U.S., judges are appointed through a collegium system, ensuring independence from political influence.
- Their dissents primarily reflect intellectual, social, or legal disagreements rather than political.
- Example:Article 50 mandates separation of judiciary from the executive, ensuring judicial independence.
Indigenous Innovations:
- Reservation Policies: Affirmative action ensures representation for marginalized groups, addressing historical injustices.
- Panchayati Raj System: Article 40 institutionalized local self-governance, empowering rural communities and fostering grassroots democracy.
- Emergency Provisions: Inspired by Germany, India tailored these to address internal and external threats, ensuring national stability.
Conclusion
The Indian Constitution’s unique blend of borrowed features and indigenous adaptations reflects its capacity to accommodate diversity and promote inclusivity. This synthesis has ensured stability, adaptability, and effectiveness, making the Constitution a living document capable of addressing the dynamic needs of a pluralistic and evolving nation.