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A Study On The Impact Of The World Constitution In The Framing Of Indian Constitution

Abstract : Although the Indian Constitution is obtained from pretty much every constitution of the world, it is remarkable in its substance and soul. It has a few notable highlights that recognize it from the constitutions of different nations. It is a composed document. It contains 448 articles, 25 parts and 12 schedules[1]. As per the proposition of the Cabinet Mission Plan, the Constituent Assembly was set to outline the Union of India.[2]

The gathering comprised of the delegates of the states initially met in New Delhi in December 1946. The constitution is inflexible as the large portion of its parts cannot be altered by the customary law-making measures by the Parliament. Certain arrangements can be revised given by a bill. The research paper gives a definite report about the creation of the Indian Constitution.

Introduction
A constitution is an imperative need as it decides the power-connection between the residents of a nation and representatives.
Hence Jellinek observed:
A state without a constitution would not be a state but a regime of anarchy.

The individuals of each nation have the majority rule option to decide the type of government under which they want to live. To decide the structure and nature of government and the idea of intensity relationship, individuals set up a Constituent Assembly. The Assembly outlines the Constitution for the nation. Hence, the foundation of an agent body for outlining of a constitution is understood in the very idea of a majority rules system.

Gandhiji sincerely believed that the Constituent Assembly alone can provide a constitution indigenous to the country and truly representing the people.[3] Pandit Nehru was rightly assertive about having a Constituent Assembly for framing a constitution for independent India. He said:
We are not asking for a gift. We are stating that we are proposing to have and are going to have it some time or the other. We shall have it when we are strong enough for it, no sooner and probably after a struggle.[4]

The arrangement of the Cabinet Mission made a critical commitment to India's set of experiences in the history of constitutional development. The British Indian's truthfulness to move capacity to dependable Indian hands was apparent. It was a type of bargain between the dissimilar perspectives on the Congress and the Muslim League.

The Indian Constitution, which got powerful on 26 January 1950, has the capability of being the longest on earth. At Independence, India was generous and extraordinary, but instead significantly separated. A Constitution expected to keep the country together, and to take it forward, had on a very basic level to be a growing, accurately worked-out, and deliberately drafted report.

It attempted to make Indians of different classes, standings and gatherings get together in a common political test. The Constitution of India was surrounded between December 1946 and December 1949. During this time, its drafts were analysed condition by arrangement in the Constituent Assembly of India.

Taking everything together, the Assembly held eleven meetings, with sittings spread over 165 days. In the meetings, created by evaluating and refining the drafts was finished by various sheets and sub-warning gatherings. New in noticeable memory was the Quit India clash of 1942 – possibly the most in all cases celebrated advancement against the British Raj.

Making Of The Indian Constitution

A constitution is a living record, an instrument which makes the administration work. It is the most noteworthy rule that everyone must follow, which characterizes and restricts the forces of government and its different branches, opposite one another, and the individuals, and gives a solid establishment to a state-dependent on the standard of law. Constitution-making presents snapshots of extraordinary chance to make a typical vision of things to come of an express, the consequences of which can have significant and enduring effects on harmony and dependability. The law of the Constitution of India is the incomparable law of India. It is the foundation of majority rule government or democracy in our nation.

It is a shed of rights that gives the residents a confirmation of a free and reasonable society. It sets out the system characterizing key political standards, sets up the structure, methodology, forces and obligations of government foundations and sets out central rights, mandate standards and the obligations of residents. It is the longest composed constitution of any sovereign nation in the world, containing 448 articles, 25 parts, and 12 schedules.[5]

The Constitution follows the parliamentary arrangement of government and the executive is legitimately responsible to the assembly. Article 74 gives that there will be a Prime Minister of India as the head of government.[6] It additionally expresses that there will be a President of India[7] and a Vice President of India[8] under Articles 52 and 63. In contrast to the Prime Minister, the President generally performs stately jobs. Our Constitution of India is federal. Each state and every Union region of India has its administration. The 73rd and 74th Amendment Act additionally presented the arrangement of Panchayati Raj[9] in-country zones and Municipality[10] in metropolitan zones respectively.

The Constitution was enacted by the Constituent Assembly on 26 November 1949 and adopted on 26 January 1950. The date of 26 January was picked to honour the twentieth anniversary of Poorna Swaraj[11] the assertion of freedom of 1930. With its reception, the Union of India authoritatively turned into the advanced and contemporary Republic of India and it supplanted the Government of India Act 1935 as the nation's principal overseeing report.

To guarantee Constitutional autochthony, the composers of Constitution embedded Article 395[12] in the Constitution and by this Article the Indian Independence Act, 1947 was cancelled. The Constitution pronounces India to be a sovereign, communist, mainstream, vote based republic, guaranteeing its residents of equity, balance, and freedom and tries to advance club among them. The words communist and common were added to the definition in 1976 by Constitutional change. India commends the appropriation of the Constitution on 26 January every year as Republic Day.

The Indian subcontinent was under British rule from 1857 to 1947. The effect of financial, political and social improvement during this period helped the steady ascent of the Indian free development. With the ascent of Independence, there developed the need for a Constitution.

The demand that India should have a Constitution was given by M N Roy, a pioneer of the communist advancement in India. The Constitution of India is drawn from numerous sources. Many segments of it very well may be supposed to be drawn from Government of India Act, 1935. The rest is drawn from the constitution of a different nation like the British Constitution, the American Constitution, the Australian Constitution, and so on.

The Constitution was made by the Constituent Assembly which had been chosen for unified India. The first sitting was held on 9 December 1946. The Constituent Assembly was rearranged after the partition of India and Pakistan on 14 August 1947. The Constituent Assembly was formed generally along the lines recommended by the arrangement proposed by the advisory group of the British bureau, known as the Cabinet Mission[13].

As a result of the Partition, those individuals who were chosen from regions which fell under Pakistan ceases to be the member of Constituent Assembly. The number of individuals in the Assembly was decreased to 299. The Constitution was enacted on 26 November 1949. The Constitution adopted on 26 January 1950. The Constitution was focused on the origination of citizenship, where in addition to the fact that minorities would be secure, yet religious identity would not make little difference to citizenship rights.

Impact Of World Constitution On Framing Of Indian Constitution

An examination of the Indian Constitution uncovers that it has been generously impacted by all around outlined constitutions of a portion of the created vote based systems of the world. Impact of the British Constitution
  1. Parliamentary type of government:
    India has embraced this framework from Great Britain. In Great Britain, the ruler is the head of the state and the Prime Minister is the head of the government. India is represented by a cabinet of ministers drove by the Prime Minister. The Prime Minister is the head of the administration[14] though the President is the head of the state[15]. The principle highlight of the parliamentary type of government is the accessibility of at least one resistance groups that check on the ruling party and its functioning.
     
  2. Rule of Law:
    This essentially expresses a State isn't administered either by the delegates or by the individuals however by the law of that nation. The idea of deciding the law expresses that everyone is equal under the watchful eye of the law[16]; even the ones who created it. Article 14 of the Indian Constitution classifies the standard of law.
     
  3. Single citizenship[17]:
    This suggests an individual conceived or moved to Indian Territory can appreciate the political and social liberties of India alone and no other nation simultaneously. In this way, India doesn't permit double citizenship. Indian state likewise doesn't perceive state citizenship. Dr Ambedkar called attention to in the Constituent Assembly, There is just single citizenship for the entire of India. It is Indian citizenship. There is no state citizenship. Each Indian has a similar right of citizenship, regardless of in what state he lives. The State doesn't deny to any individual equity under the watchful eye of the law[18] or equivalent insurance of the laws inside the region of India.
     
  4. Writs:
    The Supreme Court and High Courts in India can give writs to make the Right to Constitutional Remedies[19] accessible to the residents.
    There are five writs[20]:
    • Habeas Corpus (produce the kept individual under the watchful eye of the court and delivery him if detainment is discovered illegal),
    • Mandamus (a request from the Supreme Court or the High Court to a lower court to perform public obligation),
    • Certiorari (Supreme Court or High Court issues the writ for suppressing the request previously passed by a substandard court),
    • Prohibition (gave by the Supreme Court or the High Court to a lower court to prevent the last from proceeding with the methods),
    • Quo-Warranto (controls an individual from holding a public office he isn't qualified for hold).
      The Indian Constitution accommodates these writs in Articles 32 and 226.
       
  5. Bicameralism:
    In the United Kingdom, there are two houses, for example, the House of Lords(Upper House) and the House of Commons (Lower House). The Constitution of India embraced this component and gave a bicameral Parliament comprising of the President and two Houses are known as the Rajya Sabha (Upper House) and Lok Sabha (Lower House).[21]
Impact of American Constitution
  1. Fundamental Rights[22]:
    Articles 12 to 32 of the Indian Constitution contains all the basic rights. Fundamental Rights are essential to guarantee residents of the nation an equivalent position in the public arena. The six central rights are – Right to Equality[23], Right to Freedom[24], Right against Exploitation[25], Right to Freedom of Religion[26], Cultural and Educational Rights[27] and Right to Constitutional Remedies[28].
     
  2. Judicial Review[29]:
    The provision of review gives the judiciary a whip hand in interpreting the Constitution. The judiciary can thus nullify any order by the legislature or executive if that order conflicts with the Constitution of the country.
     
  3. Impeachment of the President[30]:
    Article 61 of the Indian Constitution provides for the impeachment of the President through legislative procedures administered by the two houses of the Parliament.
     
  4. Removal of Judges[31]:
    Article 124 (4) of the Indian Constitution and the Judges Inquiry Act 1968 deals with the expulsion of judges.
     
  5. The introduction of the constitution:
    Our Constitution starts like that of American Constitution, with the words, We, every one of........  for example if there ought to be an event of USA, it is every citizen of the USA, for our circumstance, every citizen of India.
     
  6. Independence of judiciary:
    Judicial independence is a safeguard for the rights and privileges provided by a limited constitution and prevents executive and legislative encroachment upon those rights. It is a foundation for the rule of law and democracy.
     
  7. Functions of President:
    The President is both the head of state and head of the legislature of the United States of America and Commander-in-Chief of the military. Under Article II of the Constitution of USA, the President is answerable for the execution and implementation of the laws made by Congress. In India, the President is the top of the state. Article 53(1) of the Indian Constitution proclaims that the leader intensity of the Union will be vested in the President. The President is the preeminent authority of the safeguard powers of India.
     
  8. Vice-President:
    In the US, the Vice-President is the Ex-officio executive of Senate. In India, The Vice President is the 'ex-officio' Chairperson of the Rajya Sabha.[32]

Impact of Irish Constitution
  1. Directive Principles of State Policy[33]:
    The fundamental component obtained from the Irish Constitution is the arrangement of the Directive Principles of State Policy (DPSP). The DPSP are recorded in Part IV of the Indian Constitution and it unmistakably expresses that the State should apply these standards during the time spent lawmaking. There are for the most part three classes of these standards – Socialist Directives, Gandhian Directives and Liberal Intellectual Directives.
     
  2. The nomination of the individuals from Rajya Sabha by the President:
    Representation of ability in the Rajya Sabha has been embraced from the Irish Republic. If there should arise an occurrence of India, these twelve selected individuals are to be drawn from people having exceptional information or functional involvement with the deference of issues like science, craftsmanship, writing or social assistance.
     
  3. Manner of appointment of President[34]:
    The arrangement of appointment of President of India given under Article 55 of Constitution of India: Manner of election of President through uniquely comprised Electoral College has been drawn from the Irish constitution.

Impact of Japan Constitution
Law Making Procedure: The law-making method set down in the Indian Constitution has additionally been extensively affected by the constitution of Japan. Stages in Lawmaking The stages involved in law-making in the English Legal System includes Bill, First reading, Second reading, Committee stage, Report stage, third reading, House of Lords and Royal Assent.

Impact of the French Constitution
The Indian Preamble obtained its beliefs of Liberty, Equality and Fraternity[35] from the French Constitution. The Indian state came to be perceived as the 'Republic of India' in the heredity of the Constitution of France.

Impact of the Constitution of South Africa
The procedure of Constitutional Amendments[36]: The Constitution of South Africa gave us the arrangements of the strategy of the revision and the Election of the Rajya Sabha individuals.

Impact of the Weimar Constitution
Suspension of Fundamental Rights during the crisis: The Constitution of India received the arrangement of suspension of basic rights during the crisis from the German Constitution. Under the Indian Constitution, the intensity of suspension of essential rights was exceptionally wide before 1978. Article 359(1) engaged the President to pass a request.

Yet, the circumstance has changed after the 44th Constitutional Amendment, which says:
when the Proclamation of Emergency is inactivity, the President may by request pronounce that the option to move any Court for the requirement of the rights presented by Part III aside from Article 20 and 21 will stay suspended for the period during which decree is in power. Under the Indian Constitution, if the President is fulfilled that a grave crisis exists whereby the security of India or any aspect of the domain thereof is undermined, regardless of whether by war or outside animosity or 'furnished disobedience[37], he may, by the announcement, make a presentation with that impact, regarding the entire of India or such some portion of an area must be indicated in the declaration[38].

Impact of the Australian Constitution
  1. The opportunity of Trade and Commerce[39]:
    The Constitution of Australia loaned us the arrangements of Freedom of Trade and Commerce inside the nation and between the states. The arrangements of the equivalent is set down in the Articles 301-307 of the Indian Constitution.
     
  2. Concurrent List:[40]
    The Concurrent List or List-III (Seventh Schedule) is a rundown of 52 things (however the last thing is numbered 47) given in the Seventh Schedule to the Constitution of India. It incorporates the ability to be considered by both the focal and state government. The administrative area is isolated into three records: Union List, State List and Concurrent List.
     
  3. A joint sitting of both the Houses of Parliament:[41]
    A joint meeting regularly happens to get unfamiliar or homegrown negotiators or pioneers or to permit the two houses to consider charges together. Consequently, Article 108 of the Constitution of India accommodates Joint sittings of both the Houses to break the gridlock. The joint sitting of the Parliament is called by the President and is directed by the Speaker.
     
  4. Preamble:
    The language of the preamble is taken from the Australian constitution.

Impact of the Canadian Constitution
  1. Centrifugal form of federalism where the centre is stronger than the states:[42]
    The Constitution of India accommodates an administrative arrangement of government in the nation. The designers embraced the government framework because of two fundamental reasons—the huge size of the nation and its sociocultural variety. They understood that the government framework not just guarantees the productive administration of the nation yet also accommodates public solidarity with local self-rule.
     
  2. Residual power[43]:
    Article 248 vests the residuary forces in the parliament. It says that parliament has the selective capacity to make any law as for any issue not identified in the Concurrent List or the State List.
     
  3. Centre appoints the Governors at the states[44]:
    The Governor of a State will be delegated by the President by warrant under his hand and seal.[45] An individual to be qualified for the arrangement as Governor ought to be resident of India and has finished the age of 35 years.[46]
     
  4. Advisory jurisdiction of the supreme court[47]:
    Article 143 accommodates a warning ward for the Supreme Court. Under this arrangement, the President may look for assessment of the Supreme Court on open issues and the Supreme Court may then further offer its input in the wake of contemplating the case appropriately.

Government of India Act 1935[48]
The arrangements of the Government of India Act 1935, however never actualized completely, greatly affected the Constitution of India. Many key highlights of the Constitution were straightforwardly taken from this Act. It is a protracted furthermore, the nitty-gritty record having 321[49] articles and 10 schedules. Most of the Indian Constitution has drawn from this. Its highlights are: It conveys to the foundation of an All India League.

The past names moved, what's more, saved subjects are changed as a government what's more, common records and the simultaneous rundown is unquestionably an addendum. Abolition of Diarchy and presented commonplace self-governance. Abolition of Council Asia.

Establishment of RBI, Federal Court, Commonplace PSUs and Joint PSUs. Extension of bicameralism, common portrayal and establishment. The bureaucratic structure of government, commonplace self-governance, a bicameral focal council comprising of a government gathering and a Board of States and the partition of authoritative powers between the middle and states are a few of the arrangements of the Act which are available in the Constitution of India.

Salient Features That Distinguish Constitution Of India From Constitutions Of Other Countries

Many features of the Constitution of India distinguishes it from the other constitutions even enough it has been prepared from all the well-known constitutions of the world.
These features are:
  1. A Detailed Constitution
    The Constitution of India lays down the code, procedures, rights, duties, rules and regulations to be followed and adopted by the citizens and government. B. R. Ambedkar is known as the Father of Indian constitution. The Constitution was adopted on 26 November 1949 by the Constituent Assembly of India and came into force on 26 January 1950 which is widely known as Republic Day.

    The Constitution of India is one of the lengthiest constitutions of the world and it is also one of the most detailed constitutions. It is the written constitution. . Dr Ivor Jennings remarks, The Indian constitution is the longest and most detailed in the world.[50] There are 448 articles, 25 parts and 12 schedules in the Constitution of India. At the time of commencement, it had 395 articles, 22 parts and 8 schedules. Various articles have been incorporated from various constitution around the world. It has adopted a major portion from the Government of India Act 1935.
     
  2. Establishment of Sovereign, Socialist, Secular, Democratic, Republic[51]
    The preamble of the Constitution of India constitutes India as Sovereign, Socialist, Secular, Democratic, and Republic country. The term Sovereignty indicates that India is free from external control. It is an essential characteristic of every state. It means that the state has absolute, supreme and uncontrolled power over its citizens and the state is expected to protect his life and property.[52] Sovereignty has two basic aspects 'external' and 'internal'. Internal sovereignty means that the state has supreme power over the people within its domain and external sovereignty means that it has complete freedom from foreign rule.[53]

    The term Secularism is incorporated to promote peace and unity among various religions. Through 42nd amendment, the word secular was added in the Constitution of India. Secularism is one of the basic features of the Indian Constitution.[54] The state shall not discriminate against any citizen on the grounds of religion.[55]

    Democracy is a concept, a political philosophy an ideal which is practised by many nations that is culturally advanced and politically mature via resorting to governance by representatives of the people elected directly or indirectly.[56] It is incorporated in the Constitution to save people from tyrant rulers and to provide freedom to choose its representatives.

    Socialism promotes the concept of the welfare state. It promotes equality among citizens. The term socialist[57] is used to lessen the inequalities in income and status and to provide equality of opportunity and facilities.[58] Jawaharlal Nehru was interested in the concept of Socialism as he was inspired by the Russian Revolution.

    Republic means the citizens of a country has the power to elect its representatives. It indicates that there would no hereditary rule. It also ensures that the regular elections would be helpful in a country. President[59] is elected[60] and is the head of the State[61].
     
  3. Universal Adult Franchise
    The concept of Universal Adult Franchise[62] means that every person who is not less than eighteen years[63] of age has the right to vote in the elections of all level of the elected government. All the citizens who are eighteen years or above can vote irrespective of their caste or education, religion, colour, race and economic conditions. This concept is important as it promotes the idea of equality. A person can be disqualified on the grounds of non-residence, unsoundness of mind, crime or corrupt or illegal practice.[64]
     
  4. Centralised Federation
    The constitution makes a Federal State although the term league has not been utilized anyplace in the archive. A frail community had been the reason for our mortification previously and we didn't care for history to rehash itself. The Centre was in this manner intentionally kept solid. The Centre was permitted to meddle with the organization of the states.

    According to Dr Wheare[65], The Indian Constitution establishes a system of Government which is at the most quasi-federal almost devolutionary in character; a unitary state with subsidiary federal features rather than a federal state with unitary features.
     
  5. A Welfare State
    A welfare state stands obscured if interests of minorities and more vulnerable areas of the populace stay in question. Our established pandits were completely alive to this peril. The standard of equity has in certain issues been so changed as to allow defensive separation for in reverse classes. Article 46 indicates that the state ought to advance with exceptional consideration the instructive and monetary interests of the more fragile areas of the individuals.[66]

    A new provision added to Article 15[67] (in 1951) approves the state to make any uncommon arrangement for the headway of any socially and instructively in a reverse class of residents or for Scheduled Castes and the Scheduled Tribes[68]. Article 29[69] was additionally changed to engage the state to save seats in state schools for socially or instructively in reverse classes of residents or for the Booked Tribes and the Scheduled Castes.

    Article 16 of the Indian Constitution enables the states to make any arrangement for the booking of arrangements or posts for any regressive class of residents which, in the assessment of the state, isn't satisfactorily spoken to in the administrations under the state.[70] Article 29 and 30 give upon the minorities the option to save their dialects, contents and societies and to set up and regulate instructive establishments of their decision.[71]
     
  6. Preamble
    The preamble to the constitution of India exemplifies the noblest goals of Equity, Liberty, Equality and Fraternity[72]. Like the preamble of the U.S. constitution, it is given for the sake of the 'Individuals'. Even though the preface isn't a vital aspect of the constitution, and does not have any lawful power behind it, yet it is exceptionally critical.

    It contains grandiose goals which the composers of the constitution have set before what's to come Administrations of India. It shows the source, the assent, the example, the objects and the substance of the constitution. It stresses the power of individuals like the introductions of the constitutions of the U.S.A., Australia, France, Italy and that of Western Germany.

Conclusion
It is without a doubt right to state that the constitution of India has been generally planned after the Government of India Act, 1935 that the Indian Constitution isn't only the aftereffect of the contemplations in the Constituent Assembly or a Draft Constitution expertise completely drafted by the legal pros and academic individuals' yet also is the blend of authentic solicitations and declarations of the authority, the authorisations by the operators of the Indian locals in the public boards, the sensible decisions of the real enlightening existences and the strong perspectives and utilisations for running the parliamentary foundations on right lines.

In all honesty, the unwritten bit of the constitution has ousted certainly ensured ambiguities just as added to the height of our Parliamentary vote based framework. Still, we are far behind British parliamentary lion's share rule government which is generally, convention ridden anyway is the best and outright best working vote based arrangement of the world. The decorum in their Houses is model. The opposition doesn't confine for the limitation reason. The speaker of the House of Commons calls respect by virtue of the people from the House.

References:
  1. Kuldip Nayar v Union of India AIR 2006 SC 3127, the Supreme Court held that Federalism is a basic feature of the Constitution of India
  2. S.R. Bommai v Union of India, AIR 1994 SC 1918, President proclamation under Article 356 of Constitution is subject to Judicial Review.
  3. Indira Nehru Gandhi vs Shri Raj Narain & Anr, 1975 AIR 865 (India), the Supreme Court held that State shall not discriminate against any citizen on the grounds of religion.
  4. Mohan Lal Tripathi vs District Magistrate, 1993 AIR 2042, democracy is a concept, a political philosophy an ideal which is practised by many nations that is culturally advanced and politically mature via resorting to governance by representatives of the people elected directly or indirectly.
  5. Samantha v State of Andhra Pradesh, AIR 1997 SC 3297, the term socialist is used to lessen the inequalities in income and status and to provide equality of opportunity and facilities.
  6. 42nd Amendment Act 1976, the word socialist and secular were incorporated in the Preamble of the constitution of India.
  7. 73rd Amendment Act 1992, a new part IX consisting of sixteen articles and the Eleventh Schedule to the Constitution. It envisages the Gram Sabha as the foundation of Panchayat Raj System.
  8. 74th Amendment Act 1992, the Act seeks to provide a common framework for the structure and mandate of urban local bodies to enable them to function as effective democratic units of local Self Government or municipal government.

End-Notes:
  1. The Constitution of India 1950.
  2. Cabinet Mission Plan (Cabinet Mission, 1946), https://www.constitutionofindia.net/historical_constitutions/cabinet_mission_plan__cabinet_mission__1946__16th%20May%201946.
  3. Hari Hara Das, Indian Government and Politics 87 (Himalaya Publishing House 1991).
  4. Ibid.
  5. Supra note 1.
  6. The Constitution of India 1950, art. 74.
  7. The Constitution of India 1950, art. 52.
  8. The Constitution of India 1950, art. 63.
  9. Seventy-third Amendment Act, 1992.
  10. Seventy-fourth Amendment Act, 1992.
  11. Declaration of Purna Swaraj (Indian National Congress, 1930), https://www.constitutionofindia.net/historical_constitutions/declaration_of_purna_swaraj__indian_national_congress__1930__26th%20January%201930.
  12. The Constitution of India 1950, art. 395.
  13. Supra note 2.
  14. The Constitution of India 1950, art. 74(1).
  15. The Constitution of India 1950, art. 53(1).
  16. The Constitution of India 1950, art. 14.
  17. The Constitution of India 1950, Part II.
  18. Supra note 16.
  19. The Constitution of India 1950, Part III.
  20. The Constitution of India 1950, art.32; The Constitution of India 1950, art. 226.
  21. The Constitution of India 1950, art. 72.
  22. The Constitution of India 1950, Part III.
  23. The Constitution of India 1950, art. 14.
  24. The Constitution of India 1950, art. 19-22.
  25. The Constitution of India 1950, art. 23.
  26. The Constitution of India 1950, art. 25.
  27. The Constitution of India 1950, art.29; The Constitution of India 1950, art. 30.
  28. The Constitution of India 1950, art. 32-35.
  29. The Constitution of India 1950, art.226; The Constitution of India 1950, art.227; The Constitution of India 1950, art.32; The Constitution of India 1950, art. 136
  30. The Constitution of India 1950, art.64.
  31. The Constitution of India 1950, art.124(4).
  32. The Constitution of India 1950, art. 64.
  33. The Constitution of India 1950, Part IV.
  34. The Constitution of India 1950, art. 55.
  35. The Constitution of India 1950, Preamble.
  36. The Constitution of India 1950, Article 368
  37. Before the 44th Amendment Act, 1978, the ground was 'Internal Disturbances'.
  38. The Constitution of India 1950, art. 352(1).
  39. The Constitution of India 1950, art. 301.
  40. Seven Schedule, Constitution of India (1950).
  41. The Constitution of India 1950, art. 108.
  42. Hemant Singh, Constitution of India: features are taken from other countries, Jagran Josh, (Jul 1. 2020)
  43. The Constitution of India 1950, art. 248.
  44. Dr Naresh Mahipal, A Study On The Impact Of The World Constitutions On The Framing Of Indian Constitution, IJLRS, Vol.3, Issue 1, 138.
  45. The Constitution of India 1950, art. 155
  46. The Constitution of India, art. 157.
  47. The Constitution of India 1950, art. 143.
  48. Dr Abhijit Sahoo and Dr Tusarkanta Patnaik, Making of the Constitution of India: A Critical Analysis, Odisha Review, 10
  49. The Constitution of India 1950, art. 321
  50. Sir Ivor Jennings, Some characteristics of the Indian Constitution 13 (1953).
  51. The Constitution of India 1950, Preamble.
  52. O.P. Gauba, An Introduction to Political Theory 28 (2000)
  53. A. Ray, Political Theory: Ideas and Institutions 41 (1979)
  54. S.R Bommai v Union Of India, 1994 SCC (3) 1
  55. Indira Nehru Gandhi vs Shri Raj Narain & Anr, 1975 AIR 865 (India)
  56. Mohan Lal Tripathi vs District Magistrate, 1993 AIR 2042 (India
  57. Forty- second Amendment Act, 1976.
  58. Samantha v State of Andhra Pradesh, AIR 1997 SC 3297.
  59. The Constitution of India, art. 52.
  60. The Constitution of India 1950, art. 54.
  61. The Constitution of India 1950, art. 53(1).
  62. The Constitution of India, Article 326 (1950).
  63. Subs. for twenty-one years by the Constitution (Sixty-first Amendment) Act,1988.
  64. Supra note 62.
  65. G.N. Joshi, Constitution of India,112.
  66. The Constitution of India 1950, art. 52, 43 and 45.
  67. The Constitution of India 1950, art. 15.
  68. The Constitution of India, art. 29.
  69. The Constitution of India 1950, art. 29.
  70. The Constitution of India 1950, art. 16(4).
  71. The Constitution of India 1950, art. 29 and 30
  72. Preamble, Constitution of India (1950)

    Written By:
    1. Afshan Ahmad, second-year students at Dharmashastra National Law University, Jabalpur &
    2. Mona Parmar, second-year students at Dharmashastra National Law University, Jabalpur.

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