Exalain the various sources of the indian constitution Related: NCERT...
The main sources of the Indian constitution are as follows: The Constitution refers to the fundamental laws and principles which prescribe the nature, functions and the limits of a government. It reflects the aspirations of the people it belongs to.
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Exalain the various sources of the indian constitution Related: NCERT...
Sources of the Indian Constitution:
The Indian Constitution draws its inspiration from various sources. These sources include historical, political, and constitutional sources. Let's discuss each of these sources in detail:
1. Historical Sources:
- Ancient Indian History: The Indian Constitution draws inspiration from ancient Indian texts like the Vedas, Upanishads, Arthashastra, Manusmriti, and others. These texts provide insights into principles of governance, justice, and individual rights.
- British Rule: The experience of British colonial rule in India also played a significant role in shaping the Indian Constitution. The concepts of parliamentary democracy, rule of law, and fundamental rights were inherited from the British constitutional system.
2. Political Sources:
- National Movement: The Indian National Movement, led by Mahatma Gandhi, Jawaharlal Nehru, and other freedom fighters, influenced the making of the Indian Constitution. Ideas of freedom, equality, and social justice emerged during this struggle and are reflected in the Constitution.
- Constituent Assembly: The Constituent Assembly, consisting of elected representatives from across India, played a crucial role in framing the Constitution. The debates, discussions, and deliberations within the Assembly shaped the provisions of the Constitution.
3. Constitutional Sources:
- Constitutions of other countries: The framers of the Indian Constitution studied and analyzed various constitutions of other countries like the United States, Canada, Australia, Ireland, and South Africa. They drew from these constitutions to incorporate the best practices and principles.
- Government of India Act, 1935: The Government of India Act, 1935, was the governing law during the British colonial rule and provided a framework for governance in India. The Indian Constitution borrowed several provisions from this Act, such as federalism, division of powers, and administrative structure.
4. Legal Sources:
- Judicial Decisions: The Indian Constitution is also influenced by judicial decisions. The Supreme Court of India has interpreted and expanded the scope of various constitutional provisions through its judgments over the years. These decisions have contributed to the evolution of the Constitution.
5. Societal Sources:
- Socio-economic Realities: The Indian Constitution takes into account the socio-economic realities of the country. It aims to address the historical inequalities, uplift marginalized sections, and promote social justice. The Directive Principles of State Policy reflect these objectives.
In conclusion, the Indian Constitution is a culmination of various sources, including historical texts, political movements, constitutional frameworks of other countries, legal developments, and societal realities. It is a unique blend of ideas and principles that shape the governance and functioning of the Indian state.
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