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The Constitution embodies the fundamental laws and principles that delineate the nature, functions, and limits of a government, reflecting the aspirations of the people it serves. In India, the Constituent Assembly was formed in November 1946, following the framework outlined by the Cabinet Mission Plan. This assembly, a combination of elected and nominated members, was indirectly elected by provincial assembly members, themselves chosen through a limited franchise. Comprising representatives from diverse sections of Indian society, the Constitution’s framers drew inspiration from various sources, incorporating features from:
- Government of India Act, 1935: Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency provisions, Administrative details.
- British Constitution: Parliamentary government, Rule of Law, Legislative procedure, Single citizenship, Cabinet System, Prerogative Writs.
- US Constitution: Fundamental Rights, Independence of Judiciary, Judicial Review, Impeachment of the President, Removal of Supreme Court and High Court judges, and the post of Vice-President.
- Irish Constitution: Directive Principles of State Policy, nomination of members to Rajya Sabha by the President, and the method of election of the President.
- Canadian Constitution: Federation with a strong Centre, Residuary Powers with the Centre, appointment of State Governors by the Centre, and advisory jurisdiction of the Supreme Court.
- Australian Constitution: Concurrent List, Freedom of trade, commerce, and intercourse, joint sitting of the two Houses of Parliament.
- Weimar Constitution: Suspension of Fundamental Rights during an emergency.
- Soviet Constitution: Fundamental duties, the ideal of justice (social, economic, and political) in the Preamble.
- French Constitution: Republic and the ideals of liberty, equality, and fraternity in the Preamble.
- South African Constitution: Procedure for the amendment of the Constitution and the election of members of Rajya Sabha.
- Japanese Constitution: Procedure established by law.
The drafted Constitution was ultimately adopted on 26th November 1949.
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