Sources of the Indian Constitution — Borrowed Features (GS Notes)
A clean, exam-ready table of every major source of the Indian Constitution with borrowed features, trap statements, the Constitution-making timeline and practice MCQs — built for UPSC EPFO, BPSC, DRDO SAO, RBI and PFRDA GS.
Quick Facts
- Largest source: Government of India Act, 1935.
- DPSP: Ireland · FR + judicial review: USA · Parliamentary system: UK.
- Concurrent List: Australia · Strong Centre: Canada · Duties: USSR.
- Amendment procedure: South Africa · Procedure established by law: Japan.
- Adopted 26 Nov 1949; in force 26 Jan 1950.
Why the ‘borrowed’ label is only half the story
The Constituent Assembly studied about 60 constitutions, but the Indian Constitution is not a copy. Borrowed ideas were adapted to Indian conditions — a parliamentary system with a written constitution, a federation with a strong Centre, and justiciable rights with reasonable restrictions. Dr B.R. Ambedkar defended the borrowing in the Assembly: the goal was to fit tested provisions to Indian needs and correct their defects.
Pair this note with Constitution study notes.
Master table: sources and borrowed features
| Source | Features borrowed | Memory hook |
|---|---|---|
| Government of India Act, 1935 | Federal scheme, office of Governor, judiciary, Public Service Commissions, emergency provisions, administrative details | Largest single source of structural text |
| British Constitution | Parliamentary government, rule of law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges, bicameralism | Westminster model |
| US Constitution | Fundamental Rights, independence of judiciary, judicial review, impeachment of President, removal of SC/HC judges, post of Vice-President | Bill of Rights inspiration |
| Irish Constitution | Directive Principles of State Policy, nomination of members to Rajya Sabha, method of election of President | DPSP model |
| Canadian Constitution | Federation with a strong Centre, residuary powers with Centre, appointment of State Governors by Centre, advisory jurisdiction of SC | Quasi-federal design |
| Australian Constitution | Concurrent List, freedom of trade/commerce/intercourse, joint sitting of the two Houses | Concurrent List |
| Weimar Constitution (Germany) | Suspension of Fundamental Rights during Emergency | Emergency–FR link |
| Soviet Constitution (USSR) | Fundamental Duties, ideal of justice (social, economic, political) in Preamble | Duties (42nd Amendment) |
| French Constitution | Republic; ideals of liberty, equality, fraternity in Preamble | Preamble ideals |
| South African Constitution | Procedure for amendment of the Constitution, election of Rajya Sabha members | Amendment procedure |
| Japanese Constitution | Procedure established by law (Art. 21) | Art. 21 wording |
Government of India Act, 1935 — the structural backbone
A very large part of the administrative and structural text of the Constitution comes from the 1935 Act. Key carry-overs:
- Federal scheme and division of powers (three lists in the 1935 Act; adapted into the Seventh Schedule).
- Office of the Governor.
- Judiciary structure (Federal Court → Supreme Court lineage).
- Public Service Commissions.
- Emergency provisions.
- Administrative details.
Classic traps examiners use
| Trap statement | Correct position |
|---|---|
| Fundamental Duties were taken from the US Constitution | From the former USSR Constitution; added by the 42nd Amendment (1976) |
| Judicial review is from the British Constitution | From the US Constitution (Britain has parliamentary sovereignty) |
| DPSP came from the Soviet Constitution | From the Irish Constitution |
| Concurrent List is from Canada | From Australia (Canada gave residuary powers with Centre) |
| ‘Procedure established by law’ is from the US | From Japan (the US uses ‘due process of law’) |
| Amendment procedure is from the US | From South Africa |
| Suspension of FRs during Emergency is from the US | From the Weimar (German) Constitution |
| Single citizenship is from the US | From Britain (the US has dual citizenship) |
Indian (home-grown) features
Some provisions grew out of Indian conditions rather than any foreign model:
- Panchayati Raj institutions (Parts IX and IXA came from the 73rd and 74th Amendments, but Article 40 was in the Constitution from the start).
- Reservation in legislatures and services for SCs/STs, and special provisions in Part XVI.
- Fifth and Sixth Schedules for Scheduled and Tribal Areas.
- Integrated judiciary combined with federalism.
- All India Services (Article 312) — civil-service traditions from colonial India adapted for a federal set-up.
- Article 32 as a fundamental right to constitutional remedies.
Constitution-making timeline (context)
| Event | Date / fact |
|---|---|
| Cabinet Mission Plan | 1946 — framework for the Constituent Assembly |
| First meeting of Constituent Assembly | 9 December 1946 |
| Objectives Resolution moved by Nehru | 13 December 1946 |
| Drafting Committee set up (Chair: Dr B.R. Ambedkar) | 29 August 1947 |
| Constitution adopted | 26 November 1949 (Constitution Day) |
| Constitution came into force | 26 January 1950 (Republic Day) |
| Time taken | 2 years, 11 months, 18 days (cited in BPSC 68th final key remarks) |
That time figure is a recurring MCQ — BPSC confirmed it while rejecting an objection in its 68th Prelims final answer key (see 68th solved paper).
Article-level map of borrowed features
| Feature | Where it sits in the Constitution | Source |
|---|---|---|
| Parliamentary form / cabinet responsibility | Arts. 74–75 (Union), 163–164 (States) | UK |
| Single citizenship | Part II (Arts. 5–11) | UK |
| Writs | Arts. 32 and 226 | UK (prerogative writs) |
| Fundamental Rights | Part III (Arts. 12–35) | USA |
| Judicial review | Arts. 13, 32, 226 (with doctrine development) | USA |
| Impeachment of President | Art. 61 | USA |
| Vice-President as ex-officio RS Chairman | Arts. 63–64 | USA |
| Removal of SC/HC judges | Art. 124(4) / 217 | USA |
| DPSP | Part IV (Arts. 36–51) | Ireland |
| Nomination to Rajya Sabha | Art. 80(1)(a), (3) | Ireland |
| Method of electing President | Arts. 54–55 | Ireland |
| Residuary powers with Union | Art. 248; Entry 97 List I | Canada |
| Advisory jurisdiction of SC | Art. 143 | Canada |
| Concurrent List | Seventh Schedule List III | Australia |
| Freedom of trade and commerce | Part XIII (Arts. 301–307) | Australia |
| Joint sitting | Art. 108 | Australia |
| Suspension of FRs in Emergency | Arts. 358–359 | Weimar Germany |
| Fundamental Duties | Part IVA (Art. 51A) | USSR |
| Amendment procedure | Art. 368 | South Africa |
| Procedure established by law | Art. 21 | Japan |
How India adapted (and did not copy) each model
UK → written-constitution parliament
Britain has parliamentary sovereignty and an unwritten constitution. India kept the cabinet system but put Parliament under a written constitution with judicial review. That is why Parliament cannot amend away the basic structure (Kesavananda Bharati, 1973).
USA → limited rights
US rights are phrased in near-absolute terms and courts read in limits. Indian Fundamental Rights carry explicit “reasonable restrictions” (for example Art. 19(2)–(6)), and the President is a constitutional head, not an executive President.
Canada → stronger Centre
India went further than Canada: Art. 3 lets Parliament redraw State boundaries, the Governor is appointed by the Centre, and emergency provisions can make the system unitary for a time. Scholars therefore call India “quasi-federal”.
Ireland → non-justiciable DPSPs
Like Ireland, India made its Directive Principles unenforceable in court. Courts have still used them to read Fundamental Rights more broadly (for example Art. 21 + Art. 39A on legal aid).
Interview angle (EPFO/BPSC): be ready to argue that “borrowed” does not mean “derivative”. Each feature was filtered through Assembly debates, Partition-era security worries and a social-justice agenda.
Key Constituent Assembly facts often paired with sources
| Fact | Detail |
|---|---|
| President of the Assembly | Dr Rajendra Prasad (permanent President); Dr Sachchidananda Sinha was the temporary President at the first sitting |
| Chair of Drafting Committee | Dr B.R. Ambedkar |
| Constitutional Adviser | Sir B.N. Rau |
| Objectives Resolution | Moved by Jawaharlal Nehru; became the basis of the Preamble |
| National Emblem / Flag | Flag adopted 22 July 1947; Emblem adopted 26 January 1950 |
Dr Sachchidananda Sinha’s Bihar link is a BPSC favourite — connect it with Bihar personalities in your current affairs and state GK notes.
Practice MCQs (self-check)
- The idea of Directive Principles was borrowed from the Constitution of — (a) USA (b) Ireland (c) USSR (d) Canada. Answer: (b)
- Which feature comes from the Australian Constitution? (a) Concurrent List (b) Residuary powers (c) Judicial review (d) Rule of law. Answer: (a)
- ‘Procedure established by law’ in Article 21 comes from — (a) USA (b) UK (c) Japan (d) France. Answer: (c)
- The procedure to amend the Constitution comes from — (a) South Africa (b) Ireland (c) Canada (d) USA. Answer: (a)
- Fundamental Duties were inspired by — (a) Japan (b) USSR (c) Germany (d) USA. Answer: (b)
- Republic, liberty, equality and fraternity in the Preamble trace to — (a) France (b) UK (c) USA (d) Ireland. Answer: (a)
- The method of electing the President was borrowed from — (a) USA (b) Ireland (c) Canada (d) Australia. Answer: (b)
- Appointment of Governors by the Centre is a feature from — (a) Canada (b) Australia (c) UK (d) USA. Answer: (a)
One-line memory hooks
| Country | Hook |
|---|---|
| UK | Parliament + PM + rule of law + single citizenship + writs |
| USA | Rights + judicial review + impeachment + VP |
| Ireland | DPSP + RS nominations + presidential election |
| Canada | Strong Centre + residuary + Governor by Centre + advisory SC |
| Australia | Concurrent List + trade freedom + joint sitting |
| USSR | Duties + justice in Preamble |
| France | Republic + liberty-equality-fraternity |
| Germany (Weimar) | Emergency suspends FRs |
| South Africa | Amendment + RS elections |
| Japan | Procedure established by law |
How to revise this note in 20 minutes
- Minutes 0–5: read the master table aloud country by country.
- Minutes 5–10: cover the right column and recall the features for each source.
- Minutes 10–15: go through the trap list; explain why each trap is wrong.
- Minutes 15–20: attempt the 8 MCQs and note any errors.
Repeat on days 1, 3, 7 and 21. Spaced recall beats re-reading. For the next step, move to the Constitution study notes so you can attach each borrowed feature to its Article number.
Test yourself on Polity sources
Timed polity MCQs with explanations in CrackTarget sectional tests.
Take a free UPSC EPFO mock test →Frequently Asked Questions
What is the biggest source of the Indian Constitution?
The Government of India Act, 1935 provided the largest share of structural and administrative provisions, including the federal scheme, the office of Governor, the judiciary, Public Service Commissions and emergency provisions.
From where were Directive Principles borrowed?
From the Irish Constitution.
Where did Fundamental Duties come from?
They were inspired by the Constitution of the former USSR and added by the 42nd Amendment Act, 1976.
Which source gave the Concurrent List?
The Australian Constitution.
Which country’s constitution influenced the amendment procedure?
South Africa.
Last updated October 2026. Standard constitutional history (Constituent Assembly debates; NCERT Indian Constitution at Work; official Constitution text). Facts on this page are textbook-level.