Which of the following features were borrowed by the Constitution of India from the British Constitution? 1. Rule of Law 2. Law-making Procedure 3. Independence of Judiciary 4. Parliamentaiy System Select the correct answer using the code given below.

1. Evolution of the Constitution: The Philosophy of Borrowing (basic)

Welcome to your first step in understanding the Indian Constitution! To truly appreciate our founding document, we must first address a common myth: that it is a mere 'carbon copy' of Western models. In reality, the framing of our Constitution was an exercise in creative synthesis. Dr. B.R. Ambedkar, the chief architect, famously stated that the Constitution was framed after 'ransacking all the known Constitutions of the world' Laxmikanth, M. Indian Polity, Salient Features of the Constitution, p.28. This wasn't an admission of a lack of originality, but a point of pride. He argued that 'nobody holds any patent rights in the fundamental ideas of a Constitution,' and that borrowing was necessary to avoid the trial-and-error mistakes made by older democracies Laxmikanth, M. Indian Polity, Salient Features of the Constitution, p.34.

The philosophy behind this borrowing was adaptation, not imitation. The framers didn't just 'copy-paste' clauses; they modified them to suit the unique social and political landscape of India. This resulted in a unique structure where different 'parts' of the Constitution reflect different global influences:

• Structural Part: Much of the administrative 'skeleton' (like federal schemes and the office of Governor) was derived from the Government of India Act of 1935 Laxmikanth, M. Indian Polity, Salient Features of the Constitution, p.28.
• Philosophical Part: The 'soul' of the Constitution—including Fundamental Rights and Directive Principles—was inspired by the American and Irish Constitutions, respectively Laxmikanth, M. Indian Polity, Salient Features of the Constitution, p.28.
• Political Part: The actual engine of governance—the Parliamentary system—was largely modeled on the British 'Westminster' system Laxmikanth, M. Indian Polity, Salient Features of the Constitution, p.28.

One of the most brilliant aspects of this borrowing was the Synthesis of Parliamentary Sovereignty and Judicial Supremacy. While the UK follows the principle of Parliamentary Sovereignty (the Parliament is supreme) and the US follows Judicial Supremacy (the Courts are supreme), India chose a middle path. We adopted the British parliamentary form but gave our Judiciary the power of judicial review, similar to the US, ensuring a balance of power Laxmikanth, M. Indian Polity, Salient Features of the Constitution, p.29.

Sources: Indian Polity, M. Laxmikanth, Salient Features of the Constitution, p.28; Indian Polity, M. Laxmikanth, Salient Features of the Constitution, p.29; Indian Polity, M. Laxmikanth, Salient Features of the Constitution, p.34

2. The Structural Blueprint: Government of India Act 1935 (basic)

The Government of India Act of 1935 serves as the structural 'skeleton' of the Indian Constitution. While our political philosophy (like the parliamentary system) comes from Britain and our rights (Fundamental Rights) from the USA, the actual administrative machinery—how the government is organized day-to-day—is largely a carbon copy of this 1935 Act. It introduced the concept of a 'Federation of India', which for the first time attempted to unite the British Indian Provinces and the Princely States under one constitutional umbrella D. D. Basu, Introduction to the Constitution of India, Nature of the Federal System, p.60. This federal scheme divided legislative powers into three lists: Federal, Provincial, and Concurrent, a structure we still use today in the Seventh Schedule.

A pivotal shift introduced by the Act was Provincial Autonomy. Before 1935, provinces were essentially subordinates to the Central Government. The Act changed this by making provinces autonomous units of administration, allowing them to act independently in their assigned spheres D. D. Basu, Introduction to the Constitution of India, The Historical Background, p.8. It also established the Office of the Governor and the Federal Court (the predecessor to the Supreme Court of India). However, we must distinguish between structure and spirit: while the 1935 Act gave us the framework of the judiciary, the independence of the judiciary was a later synthesis inspired by the American model M. Laxmikanth, Indian Polity, Salient Features of the Constitution, p.29.

Despite its detailed planning, the 'All-India Federation' envisioned by the Act never actually came into existence. This was because the participation of the Indian Princely States was optional, and their rulers never gave the necessary consent to join D. D. Basu, Introduction to the Constitution of India, The Historical Background, p.8. Consequently, while the parts of the Act relating to the Provinces were implemented, the central federal structure remained on paper until the current Constitution was adopted in 1950.

Feature	Purpose under the 1935 Act
Federal Scheme	Attempted to unite Provinces and Princely States with a division of powers.
Provincial Autonomy	Replaced 'Dyarchy' in provinces with responsible government.
Office of Governor	Provided the head of the provincial executive (later adopted by the Constitution).
Federal Court	Established in 1937 to settle disputes between provinces and the center.

Sources: Introduction to the Constitution of India, D. D. Basu (26th ed.), Nature of the Federal System, p.60; Introduction to the Constitution of India, D. D. Basu (26th ed.), The Historical Background, p.8; Indian Polity, M. Laxmikanth (7th ed.), Salient Features of the Constitution, p.29

3. The Synthesis: Parliamentary Sovereignty vs. Judicial Supremacy (intermediate)

To understand the Indian Constitution, we must first look at two powerful, opposing legal traditions. On one side, we have the British principle of Parliamentary Sovereignty. In Britain, the Parliament is the supreme authority; it can make or unmake any law, and no court can declare its Acts unconstitutional. As the analyst De Lolme famously quipped, the British Parliament can do everything except make a woman a man and a man a woman Laxmikanth, M. Indian Polity, Chapter 22, p.263. On the other side is the American principle of Judicial Supremacy, where the Supreme Court wields the power of Judicial Review to strike down laws it deems inconsistent with the Constitution.

The framers of the Indian Constitution chose a "middle path" or a synthesis of these two extremes. While we adopted the British parliamentary form of government, we did not give our Parliament absolute sovereignty. Our Parliament is limited by a written Constitution, the federal structure of power-sharing, and the Fundamental Rights of citizens. Conversely, while we adopted judicial review from the US, our Supreme Court's power was traditionally considered narrower than its American counterpart Laxmikanth, M. Indian Polity, Chapter 4, p.29.

The technical reason for this difference lies in the language used in the respective Constitutions. The US Constitution follows "Due Process of Law," which gives judges wide discretion to examine the fairness of a law. In contrast, Article 21 of the Indian Constitution originally focused on "Procedure Established by Law," which strictly asks if the correct legal steps were followed Laxmikanth, M. Indian Polity, Chapter 4, p.29. Today, the Indian system operates through a delicate balance: the Parliament can amend the major portion of the Constitution, but the Judiciary ensures those amendments do not violate the "Basic Structure."

Comparison of Systems

Feature	British Model	American Model	Indian Model
Supreme Authority	Parliament	Judiciary/Constitution	Constitutional Supremacy (Synthesis)
Judicial Review	Very Limited/None	Very Wide (Due Process)	Defined (Procedure Established)
Constitution	Unwritten	Written	Written

Sources: Laxmikanth, M. Indian Polity, Salient Features of the Constitution, p.29; Laxmikanth, M. Indian Polity, Parliament, p.263

4. US Influence: Fundamental Rights and Judicial Independence (intermediate)

Welcome back! In our journey through comparative constitutions, we now turn our gaze toward the United States. While the British influence gave India its Parliamentary framework, the framers realized that a democracy also needs strong protections for the individual against the state. This is where the American model became pivotal. The Indian Constitution is often described as a "beautiful patchwork" because it didn't just copy-paste; it gathered the best features of global systems and adapted them to the Indian soil Introduction to the Constitution of India, D. D. Basu, OUTSTANDING FEATURES OF OUR CONSTITUTION, p.35.

The most significant American contribution is the inclusion of Fundamental Rights (inspired by the US Bill of Rights). Unlike the British system, where Parliament is supreme and can theoretically pass any law, the American model establishes Constitutional Supremacy. This means the Constitution is the highest law, and any act of the legislature that violates these rights can be struck down. To make this work, India adopted the concept of Judicial Review and the Independence of the Judiciary from the US. This ensures that judges can perform their duties without fear or favor, acting as the custodians of the Constitution Indian Constitution at Work, NCERT, JUDICIARY, p.125.

It is important to understand the Synthesis India achieved. We didn't choose between British Parliamentary Sovereignty and American Judicial Supremacy; we combined them. While our Parliament has the power to amend the Constitution, the Judiciary has the power to review those amendments to ensure they don't violate the "basic structure." This delicate balance is what makes the Indian system unique Indian Polity, M. Laxmikanth, Salient Features of the Constitution, p.29.

Feature	British Influence (Westminster)	American Influence (Philadelphia)
Core Principle	Parliamentary Sovereignty	Judicial Supremacy / Constitutionalism
Rights	Based on conventions and Rule of Law	Written Bill of Rights (Fundamental Rights)
Role of Courts	Cannot invalidate Acts of Parliament	Power of Judicial Review

Sources: Introduction to the Constitution of India, D. D. Basu, OUTSTANDING FEATURES OF OUR CONSTITUTION, p.35; Indian Constitution at Work, NCERT, JUDICIARY, p.125-126; Indian Polity, M. Laxmikanth, Salient Features of the Constitution, p.29, 41

5. Other Global Contributions: Ireland, Canada, and Australia (intermediate)

While the Indian Constitution draws its structural skeleton from the 1935 Act and its parliamentary form from Britain, it looked toward Ireland, Canada, and Australia to refine its federal character and social objectives. These contributions were not mere copies but strategic adaptations to suit India's unique diversity and the need for a unified national direction.

Ireland: The Moral and Presidential Compass
The Irish Constitution (1937) was the source for the Directive Principles of State Policy (DPSP). These principles act as the 'social conscience' of the Constitution, guiding the State to establish social and economic democracy. Furthermore, the method of election of the President—an indirect election by an electoral college—and the nomination of 12 members to the Rajya Sabha (for their expertise in art, science, etc.) are distinctly Irish influences Laxmikanth, M. Indian Polity. 7th ed., Chapter 17, p.186. This ensures that the Upper House benefits from eminent personalities who might not navigate the rigors of direct elections.

Canada: The Strong Union Model
India is often described as a "federation with a strong centralizing tendency." This is because our founding fathers preferred the Canadian model over the American one. In the Canadian system, the federation is formed by 'disintegration' (a large unit dividing into provinces) rather than 'integration' (independent states coming together). This is why India is called a 'Union' rather than a 'Federation' D. D. Basu, Introduction to the Constitution of India (26th ed.), Nature of the Federal System, p.66. Key Canadian features include:

• Residuary powers vesting in the Centre (rather than the States).
• The appointment of State Governors by the Centre.
• The Advisory Jurisdiction of the Supreme Court Laxmikanth, M. Indian Polity. 7th ed., Chapter 13, p.138.

Australia: Cooperation and Trade
To ensure the smooth flow of commerce and legislative harmony, India adopted the Concurrent List from Australia. This list allows both the Centre and States to legislate on subjects of common interest, with Central law prevailing in case of conflict. Australia also inspired the concept of freedom of trade, commerce, and intercourse across state borders and the provision for a Joint Sitting of the two Houses of Parliament to resolve legislative deadlocks.

Country	Key Contributions to India
Ireland	DPSP, Presidential Election method, RS Nominations.
Canada	Strong Centre, Residuary powers to Centre, Appointment of Governors.
Australia	Concurrent List, Joint Sitting, Inter-state Trade freedom.

Sources: Laxmikanth, M. Indian Polity. 7th ed., Chapter 17: President, p.186; Laxmikanth, M. Indian Polity. 7th ed., Chapter 13: Federal System, p.138; D. D. Basu, Introduction to the Constitution of India (26th ed.), Nature of the Federal System, p.66

6. Procedural Nuances: Procedure Established by Law vs. Due Process (exam-level)

To understand the nuance of constitutional protection, we must look at how a state balances individual liberty against legislative power. At the heart of this lie two doctrines: Procedure Established by Law and Due Process of Law. The former, rooted in the British tradition of Parliamentary Sovereignty, suggests that as long as a law has been enacted by a competent legislature following the correct technical steps, it is valid. In this system, the judiciary's role is limited to checking if the 'procedure' was followed; it cannot question the 'wisdom' or 'fairness' of the law itself.

In contrast, the American doctrine of Due Process of Law grants the judiciary much wider powers. Under this principle, the court examines not just the procedure, but also the substantive nature of the law—checking if it is 'just, fair, and reasonable' rather than arbitrary or oppressive. As noted in Laxmikanth, M. Indian Polity, Judicial Review, p.298, the American Constitution provides for 'due process' which allows for a deeper level of judicial scrutiny compared to the literal interpretation of 'procedure established by law'.

Feature	Procedure Established by Law	Due Process of Law
Origin	British Constitutionalism	American Constitutionalism
Judicial Scope	Narrow: Checks if law exists and procedure was followed.	Wide: Checks if the law itself is fair and organic.
Primary Protection	Protection against executive action only.	Protection against both executive and legislative action.

The Indian Constitution represents a unique synthesis. While Article 21 explicitly uses the phrase 'procedure established by law,' the Indian Supreme Court has evolved its interpretation over decades. Initially, the court took a narrow view, but since the late 1970s, it has effectively read the requirements of 'due process' into Article 21, ensuring that no person is deprived of life or liberty by a law that is arbitrary. This reflects the Indian framers' intent to balance the British principle of parliamentary sovereignty with the American principle of judicial supremacy Laxmikanth, M. Indian Polity, Salient Features of the Constitution, p.29.

Sources: Laxmikanth, M. Indian Polity, Salient Features of the Constitution, p.29; Laxmikanth, M. Indian Polity, Judicial Review, p.298

7. The Westminster Model: Features from the British Constitution (exam-level)

The Westminster Model refers to the democratic parliamentary system of government modeled after the United Kingdom's system. When the makers of the Indian Constitution sat down to draft our founding document, they looked to Britain—our former colonial power—not out of habit, but because of our long-standing familiarity with their political institutions. The core of this model is the Parliamentary government, where the executive (the Council of Ministers) is drawn from and remains collectively responsible to the legislature Indian Polity, M. Laxmikanth(7th ed.), Salient Features of the Constitution, p.29. Unlike a Presidential system where the head of state holds real power, the Westminster model features a nominal head (like the British Monarch or the Indian President) and a real executive (the Prime Minister).

Beyond the structure of the government, we borrowed the Rule of Law, a concept famously championed by the British jurist A.V. Dicey. This principle ensures that no individual is above the law and that the government must act within legal limits. It includes the absence of arbitrary power and equality before the law, meaning every citizen, from a high-ranking official to a commoner, is subject to the same ordinary law Democratic Politics-I, NCERT(Revised ed 2025), DEMOCRATIC RIGHTS, p.79. Furthermore, the legislative procedure (how a bill becomes a law) and bicameralism (having two houses like the Lok Sabha and Rajya Sabha) were adopted to ensure that every policy undergoes a 'double check,' preventing hasty or ill-considered decisions Indian Constitution at Work, NCERT, LEGISLATURE, p.104.

However, it is vital to remember that India did not blindly copy the British system. While Britain follows Parliamentary Sovereignty (where Parliament is supreme and no court can nullify its laws), India chose a middle path. We synthesized the British parliamentary model with the American principle of Judicial Supremacy. Therefore, while we have a British-style Parliament, we have an Independent Judiciary and Judicial Review—features that are distinctly non-British in origin Indian Polity, M. Laxmikanth(7th ed.), Salient Features of the Constitution, p.29.

Feature borrowed from UK	Significance
Cabinet System	Ensures the real executive power lies with a committee of senior ministers.
Prerogative Writs	Provides legal tools (like Habeas Corpus) to protect fundamental rights.
Parliamentary Privileges	Grants certain legal immunities to members of Parliament to perform their duties.
Single Citizenship	Promotes national unity despite a federal structure.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Salient Features of the Constitution, p.29; Democratic Politics-I, NCERT(Revised ed 2025), DEMOCRATIC RIGHTS, p.79; Indian Constitution at Work, NCERT, LEGISLATURE, p.104

8. Solving the Original PYQ (exam-level)

Now that you have explored the Sources of the Constitution, you can see how the individual building blocks of our democracy come together. This question tests your ability to distinguish between the administrative framework we inherited from the British Constitution and the judicial safeguards we adopted from elsewhere. As noted in M. Laxmikanth's Indian Polity, the British influence—often called the Westminster Model—provided the machinery for our daily governance, specifically the Rule of Law, the Law-making Procedure, and the Parliamentary System. These features focus on the relationship between the executive and the legislature.

To arrive at the correct answer, you must identify the "outlier" in the list. While India borrowed the form of government from the UK, we did not adopt the British principle of Parliamentary Sovereignty, where the courts are subordinate to the legislature. Instead, we turned to the United States for the concept of the Independence of the Judiciary (Feature 3). By recognizing that an independent judiciary and judicial review are American contributions designed to check legislative power, you can logically eliminate any option containing Feature 3. This leaves you with the realization that only features 1, 2, and 4 are of British origin.

A common trap in UPSC questions is the assumption that all "democratic" features must be British because of our colonial history. However, the examiners frequently test the Sovereignty-Supremacy Synthesis: the blend of British parliamentary style with American judicial strength. Options (A), (B), and (C) are designed to catch students who confuse these two distinct influences. By isolating the judicial component as American, you successfully navigate the trap to find that (D) 1, 2 and 4 is the only accurate combination.