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Constitution Day 2021: Why Constitution of India is called borrowed document? Is it right to call Indian Constitution bag of borrowing?

The Indian Constitution is the world’s longest written constitution, with 448 articles divided into 25 sections, 12 schedules, 5 appendices, and 98 amendments.

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Constitution Day 2021: Why Constitution of India is called borrowed document? Is it right to call Indian Constitution bag of borrowing?

The Indian Constitution is the fundamental legislation of the country and is regarded as the foundation of democracy in our country. The Indian Constitution is the world’s longest written constitution, with 448 articles divided into 25 sections, 12 schedules, 5 appendices, and 98 amendments.

Indian Constitution is an umbrella of rights that gives the citizens of the country an assurance of free and fair societies.

On 29 August 1947, the Constituent Assembly set up a Drafting Committee under the chairmanship of Dr B.R. Ambedkar to prepare a Draft Constitution for India and it was 26 November 1949 when the Constituent Assembly adopted the Indian Constitution.

Indian Constitution adopts various features from the Constitutions of many countries and this is the reason it is known as the bag of borrowings or borrowed documents. Despite borrowed documents, it contains all the structure, functioning and working of the Government of India.

Here we present you with the features of the Indian Constitution that are borrowed from other nations.

Source/CountryProvisions
Constitution of United States1. Preamble
2. Fundamental Rights
3. Federal structure of government
4. Electoral College
5. Independence of the judiciary and separation of powers
among the three branches of the government
6. Judicial review
7. President as Supreme Commander of Armed Forces
8. Equal protection under law
Irish Constitution (Ireland)1. Directive Principles of State Policy
2. Nomination of members to Rajya Sabha
3. Method of Election of President
Australian Constitution1. Freedom of trade and commerce within the country and between the states
2. Power of the national legislature to make laws for implementing treaties, even on matters outside normal Federal jurisdiction
3. Concurrent List
British Constitution1. Parliamentary form of government
2. The idea of single citizenship
3. The idea of the Rule of law
4. Writs
5. Institution of Speaker and his role
6. Lawmaking procedure
7. Procedure established by Law
Canadian Constitution1. A quasi-federal form of government — a federal system with a strong central government
2. Distribution of powers between the central government and state governments
3. Residual powers retained by the central government
French Constitution 1. Republic and the ideals of Liberty, Equality and Fraternity in the Preamble
Constitution of
Soviet Union (USSR)
1. Fundamental Duties under Article 51-A
2. A Constitutionally mandated Planning Commission to oversee the development of the economy
Constitution of
Japan
1. Procedure Established by Law
Constitution of
South Africa
1. Procedure for amendment
2. Election of Rajya Sabha members
Constitution of
Germany
1. Emergency powers to be enjoyed by the Union
2. Suspension of Fundamental Rights during emergency
Constitution of
Russia
1. Fundamental Duties
2. Idea of Social, Economic, and Political Justice in Preamble
Government of
India Act 1935
1. Federal Scheme
2. Emergency Provisions
3. Public Service Commissions
4. Office of Governor
5. Judiciary
6. Administrative Details
Constitution Day 2021: Here are short essays that can make you win competition

Is Indian Constitution a borrowed bag?

The Indian Constitution is a one-of-a-kind constitution that was designed over the course of three years by the constituent assembly. Even while some aspects of the Indian constitution are taken from other countries, it is incorrect to claim that it is a bag of borrowings. Read to know why!

Read Also: Constitution Day 2021: Here are short essays that can make you win competition on Samvidhan Diwas

  1. Even though various provisions are borrowed from other countries’ constitution but they are incorporated into the Indian Constitution to fit its political ideology and governance. They are not exactly copied.
  2. The Indian Constitution is the most extensive constitution in the world. The American Constitution includes only seven articles, the Australian Constitution has 128 articles, the Indian Constitution initially had 395 articles and has now extended to 448.
  3. The Indian Constitution is distinctive in both content and spirit.
  4. It is written with the historical perspective of Indian nationalist struggles in mind, as well as keeping the geographical variety of India in consideration. Its unique and distinctive attributes and aspects distinguish it apart from any other country.

India News

Rahul Gandhi faces FIR order as Allahabad High Court acts on dual citizenship plea

High Court allows plea in Rahul Gandhi citizenship case, paving the way for further legal process.

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Rahul Gandhi

The Lucknow bench of the Allahabad High Court has allowed a petition seeking legal action in connection with allegations related to Congress leader Rahul Gandhi’s citizenship status, marking a fresh development in the case.

The petition was filed by a political worker, who had approached the court seeking directions for registration of a case over claims that Gandhi may have held foreign citizenship. The High Court, while hearing the matter, passed directions for further proceedings in accordance with law.

The development comes after a special MP/MLA court in Lucknow had earlier declined to order registration of an FIR, reportedly observing that it lacked jurisdiction in matters concerning citizenship.

Background

The case is linked to allegations that Rahul Gandhi may have held British citizenship. Under Indian law, dual citizenship is not permitted. However, these claims remain part of the petitioner’s submissions and have not been established by any court.

During earlier hearings, the High Court had sought records and considered material presented by the parties involved.

What happens next

With the High Court allowing the plea, the matter is expected to proceed as per due legal process. This may involve examination by the appropriate authority and further judicial review at subsequent stages.

The case carries both legal and political significance given Rahul Gandhi’s role as Leader of the Opposition in the Lok Sabha.

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India News

Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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India News

Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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