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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

Four militants killed as rival Naga groups clash in Manipur village

Four militants were killed in a gunfight between suspected rival Naga groups at Taodaijang village in Manipur’s Noney district on Wednesday.

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Manipur violence

At least four militants were killed in a gunfight between suspected rival Naga militant groups in Manipur’s Noney district on Wednesday, November 4.

The exchange of fire took place at Taodaijang village in the Khoupum area of the Naga-majority district. According to officials, the cadres involved were suspected to belong to rival Naga militant outfits, including the Zeliangrong United Front-Jenchui (ZUF-J) and the Zeliangrong United Front-Kamson (ZUF-K).

Initial reports indicated that the gunfight continued for several hours, leaving three cadres of ZUF-J and one cadre of ZUF-K dead.

The bodies of the deceased militants were subsequently recovered by local residents.

Residents appeal to armed groups to stop firing

Following the gunfight, local residents, including women, reached the spot in an attempt to prevent further violence between the rival groups.

They also used a public address system to appeal to the armed cadres to stop firing and prevent the situation from escalating further.

Further details about the circumstances surrounding the clash were awaited.

Manipur government reviews security situation

In a separate development, Manipur Chief Minister Yumnam Khemchand Singh directed senior security officials to identify active armed groups suspected of involvement in recent incidents of violence in the state.

The directive excluded groups engaged in peace talks with the state government.

The Chief Minister issued the instructions during a review meeting on the state’s law and order situation on Tuesday night.

He also asked security agencies, including the Army and central paramilitary forces, to submit a detailed report on the involvement of the suspected groups.

The Chief Minister said the state Cabinet could consider declaring such groups unlawful if their involvement in violence against innocent civilians was established.

He also emphasised that necessary action would be initiated against groups continuing to perpetrate violence against civilians.

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Agnipath scheme gets 2-year extension for Agniveers, tenure may rise to 6 years

The Centre has introduced a two-year extension for the remaining 75% of Agniveers under the Agnipath scheme, creating another opportunity for them to seek enrolment in the regular armed forces.

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The Centre has introduced a significant change to the Agnipath recruitment scheme, offering a two-year extension to Agniveers who were earlier expected to leave the armed forces after completing their initial four-year service.

Chief of Defence Staff (CDS) General NS Raja Subramani announced the decision on Wednesday following a Union Cabinet meeting. Under the revised arrangement, the 75% of Agniveers who were not initially selected for absorption into the regular armed forces will be offered an additional two-year engagement period.

The development creates another opportunity for these personnel to continue serving in the armed forces beyond their original four-year tenure.

What changes under the revised Agnipath scheme?

Under the original Agnipath framework, Agniveers were recruited for a four-year service period, including training. At the end of this tenure, up to 25% of each batch could be selected for permanent enrolment into the regular armed forces, while the remaining 75% were expected to return to civilian life.

The revised arrangement introduces an additional two-year engagement for the latter group. This means their potential service period could increase from four to six years.

The extension also creates another opportunity for Agniveers to seek enrolment into the regular armed forces after completing the additional two years.

What happens after the additional two years?

According to General NS Raja Subramani, Agniveers completing the extended engagement period and willing to continue serving will be considered for enrolment in the regular armed forces.

Their selection will be based on objective criteria.

This creates an additional pathway for those who are not absorbed into the regular forces after their initial four-year tenure. However, the revised arrangement does not mean that every Agniveer will automatically receive permanent enrolment.

Why has the decision been taken now?

The announcement comes as the first batch of Agniveers recruited under the scheme approaches the completion of its initial four-year service period.

The Agnipath scheme was introduced on June 14, 2022, to recruit personnel into the Indian Army, Navy and Air Force for a fixed four-year engagement.

General Raja Subramani said the scheme had been undergoing periodic reviews, with the performance of Agniveers being continuously evaluated. He also indicated that feedback on their performance had been very positive.

The latest Cabinet decision creates an additional route for retaining personnel beyond the initial engagement period.

What was the original Agnipath arrangement?

Under the original framework, the armed forces could retain up to 25% of Agniveers in the regular cadre after their four-year service period, subject to selection.

The remaining 75% were to complete their engagement and transition to civilian life.

With the latest revision, this group will receive an additional two-year engagement opportunity before being considered for enrolment into the regular armed forces under the prescribed selection criteria.

The change therefore modifies the earlier arrangement by providing an additional opportunity for Agniveers to continue their military careers.

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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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