PSIR 5a. Imprint of the British Constitution on the Indian Constitution. UPSC 2023, 10 Marks

Introduction:

When drafting the Indian Constitution, the framers drew inspiration from various sources, including the British Constitution, which had a significant impact on India's constitutional development.

Influence of the British Constitution:

1. Parliamentary System:

Background: India adopted the parliamentary system of government from the British Constitution.

Significance: 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.

Subheadings:

Cabinet System: India's Council of Ministers is responsible to the Parliament, similar to the British Cabinet's responsibility to the House of Commons.

Bicameral Legislature: India's Rajya Sabha (Council of States) and Lok Sabha (House of the People) resemble the British House of Lords and House of Commons.

2. Rule of Law:

Background: Both the Indian and British Constitutions uphold the principle of the rule of law.

Significance: It ensures that the government is subject to the law and that individuals have legal protections and remedies.

Subheadings:

Judicial Independence: India's judiciary, like the British judiciary, is independent and interprets the law impartially.

Habeas Corpus: India's Constitution includes provisions related to habeas corpus, similar to British law, safeguarding individual liberty.

3. Constitutional Monarchy:

Background: The British Constitution has a constitutional monarchy, which India partly emulated.

Significance: The Indian President, like the British monarch, has a ceremonial role, while the real power rests with the elected government.

Subheadings:

Ceremonial President: The President of India serves as the ceremonial head of state, mirroring the role of the British monarch.

Executive Authority: The Prime Minister of India wields executive authority, similar to the British Prime Minister.

4. Common Law System:

Background: India inherited the common law system from British colonial rule.

Significance: It forms the basis of India's legal system, with courts relying on precedent and case law.

Subheadings:

Legal Jurisprudence: Indian courts often refer to British legal precedents in their judgments.

Legal Terminology: Legal terms and procedures in India have British origins.

5. Fundamental Rights:

Background: The British Bill of Rights and Magna Carta influenced India's inclusion of fundamental rights.

Significance: It guarantees individual freedoms and limits the government's power.

Subheadings:

Freedom of Speech: Both constitutions protect freedom of speech, albeit with some variations.

Equality Before Law: Both constitutions uphold the principle of equality before the law.

Conclusion:

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. 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.