Why Indian constitution is called as a 'Borrowed document' ? Do you think it is a copy of constitution of various countries ?


The Indian constitution is often referred to as a "borrowed document" because it draws inspiration and incorporates elements from various sources of constitutional law and governance from around the world. While the constitution of India is an original document in terms of its content and provisions, it is influenced by several other constitutions and legal systems. Here are some reasons why it is called a "borrowed document":

Historical Context: At the time of India's independence in 1947, the framers of the constitution faced the daunting task of creating a new framework for governance. They drew from their experiences and sought inspiration from various constitutional models to develop a constitution that would suit India's diverse society.
Constitutional Debates and Expertise: The framers of the Indian constitution engaged in extensive debates and discussions to shape its provisions. They referred to a wide range of constitutional documents, legal principles, and philosophies to inform their decisions. They drew upon the expertise and ideas of jurists, scholars, and constitutional experts from India and abroad.
Influences from Constitutions: The Indian constitution shows influences from multiple sources. It has borrowed certain features from the constitutions of other countries. For example, the concept of fundamental rights and their enforcement mechanisms was influenced by the Universal Declaration of Human Rights and the Bill of Rights in the United States Constitution. The parliamentary system, federal structure, and principles of separation of powers have also been influenced by various constitutional models, including those of the United Kingdom, the United States, and Canada.
Government of India Act, 1935: The Government of India Act, 1935, which was in force before India's independence, provided a framework for governance in British India. The Indian constitution borrowed certain administrative and legislative features from this act, such as the federal structure, provincial autonomy, and the office of the governor.
Indigenous Elements: While the Indian constitution draws from various sources, it also incorporates elements that are specific to India's historical and cultural context. It reflects the aspirations and values of the Indian people, as well as their commitment to democracy, secularism, and social justice.

It is important to note that while the Indian constitution may have borrowed certain ideas and concepts, it is a unique document that reflects the specific needs and aspirations of the Indian people. It has evolved over time through amendments and interpretations to address the challenges and changing dynamics of the Indian society.


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