Mexico will support India's demand of NSG Membership

Modi at US Capitol / GST Amendment Bill Passed at Rajyasabha

Foreign Influences on Indian Constitution



Countries Those Have Influence
Indian Constitution is the largest Constitution of the world. The writers of the Indian Constitution had given their best to bring a unique Constitution. So, they had read all other constitutions from the contemporary democratic countries like the U.S., the Great Britain, Australia, Canada, Germany, Ireland, South Africa etc.
List of countries
U.S., the Great Britain, Australia, Canada, Germany, Ireland, South Africa

The Details of Influences on Indian Constitution
The writers of Indian Constitution did not only follow the foreign constitution blindly, but they also made it suitable for Indian perspective. The parliamentary democratic administration system was an influence from the British parliamentary system. Bilateral assembly system was also taken from the British bilateral system. The ideas like fundamental rights, the freedom of judicial system, preference of the Constitution, the relation between the Centre and the States were adopted from the U.S. Constitution. But the idea of withdrawal of the fundamental rights during emergency was received from the German constitution. The composers of the Indian Constitution were influenced by the directive principles of the Constitution of Ireland. African constitutional subjects like amendment and the selection of the members of Rajyasabha had influenced the writers of the Indian Constitution. They followed Constitutions of Canada and Australia for the distribution of power between the Centre and the States and accepted some ideas.
Issue
Country
Parliamentary Democratic System
England
Fundamental rights, the freedom of judicial system, preference of the Constitution, the relation between the Centre and the States
U.S.A.
Withdrawal of the fundamental rights during emergency
Germany
Directive principles
Ireland
Amendment and the selection of the members of Rajyasabha
Africa
Distribution of power between the Centre and the States
Canada, Australia

Indian Constitution Is Not a Copy
The Indian writers had not only read thoroughly but analysed each and every chapters of all constitutions. After thorough reading, they took the relevant subject appropriate to the Indian context.

Difference between Lok Sabha and Rajya Sabha


Title
Lok Sabha( House of the People)
Rajya Sabha (House of the Council)
Formation
The Indian Independent Act, 1947 declared the Constituent Assembly of India to be a full sovereign body. The Constituent Assembly acted as the Provisional Parliament with the power of the Constitution of India until the first Lok Sabha. The Hindi name Lok Sabha was adopted on 14th May in 1954.

Key-Points:-
i.                    Lok Sabha =  House of the People
ii.                  Indian Independent Act,1947
iii.                Constituent Assembly as the Provisional Parliament
iv.                 Date of Hindi Nomenclature:- 14th May, 1954
In 1919, a parallel chamber known as the Council of States was formed in pursuance to the Government of India Act, 1919.
The Hindi name , Rajya Sabha was adopted in 23rd August in 1954.
Election Procedure
The representatives are elected directly through vote by the people on the basis of Universal Adult Suffrage. The persons elected are called member of the parliament, shortly M.P. The Members of the Parliament are elected in this process either in the states or in the Union Territories.

Direct Vote

Twelve members are nominated by the President of India. Rest 238 are elected indirectly from the various states and Union Territories. They are elected by the process of proportional representation by means of single transferable vote by the elected members from the respective state.  All members are elected in this way. The elected members of the State Legislative Assemblies take part in this process.
Eligibility of the Members
1.       A candidate must be an Indian citizen.
2.       His age must be at least of 25 years.
3.       He must possess all other eligibilities determined by the parliament.
4.       He must be a voter of any place in India.
5.       He must not be a bankrupt declared by the Indian court.
6.       He must not be a crazy or mentally ill person declared by any Indian court.
7.       He must not be a person loyal to other country.
8.       He must not possess any profitable post under the government of India or any state government.

Key-Points:-
i.                    Age:- 25
ii.                  Citizenship:- Indian
iii.                Eligibility:- Determined by the Constitution of India
iv.                 A Voter in India
v.                   Not for a person who is :-
1.       mentally ill
2.       criminal
3.       loyal to other country.
4.       Appointed to the Post of Profit in the State or the Union Government.

1.       A candidate must be an Indian citizen.
2.       His age must be at least of 30 years.
3.       He must possess all other eligibilities determined by the parliament.
4.       He must be a voter of any place in India.
5.       He must not be a bankrupt declared by the Indian court.
6.       He must not be a crazy or mentally ill person declared by any Indian court.
7.       He must not be a person loyal to other country.
He must not possess any profitable post under the government of India or any state government.

Key-Points:-
i.                    Age:- 30
ii.                  Citizenship:- Indian
iii.                Eligibility:- Determined by the Constitution of India
iv.                 A Voter in India
v.                   Not for a person who is :-
1.       mentally ill
2.       criminal
3.       loyal to other country.
4.       Appointed to the Post of Profit in the State or the Union Government.

Number of Members
There are not more than 530 members from the states altogether. There are 20 members from the Union Territories.
The President of India can nominate two anglo-Indian members in accordance with the necessity. Presently, there are 545 members.

Key-Points:-
Total=552
From States= 530
From Territories=20
Anglo-Indian= 2
At Present= 545
/
There are 250 members in the Rajya Sabha. Twelve members are nominated by the President of India.

Key-Points:-
Total= 250
Elected = 238
Nomination by President=12
Tenure/
Duration
A member of parliament is given 5 years for a full term.  The President of India can break the parliament. During the time of emergency, parliament can extend the period of one year at a time.
A member is given six years for a full term. It is a permanent institution. The one third members retire every two years. They are replaced by newly elected members.
Presiding Officer
Speaker is the chief in the house. He conducts the proceedings and maintains discipline. There is a list of Chairmen. There is a Deputy Speaker who acts as the Speaker in the absence of the Speaker.

Presiding Officer:-
1.       The Speaker
2.       The Deputy Speaker
The prime who presides over the meeting in the house is called the Chairman. The Vice President of India performs the duty of the Chairman. He is the ex-officio Chairman of the House. The Rajya Sabha chooses a Deputy Chairman from among its members. There is a panel list of Vice Chairmen from whom the next Deputy Chairman is selected if it necessitates. The most senior member is given the responsibility of the Leader of the House by the Prime Minister.
Functions and Responsibilities:-
General Responsibilities:-
1.       General laws are made.
2.       Approval of the emergency is determined by the Lok Sabha.
3.       Constitution Amendment is an important responsibility for this House.

Removal :-
1.       The house will decide over the removal of the President.
2.       This house has an important role to decide the removal of the judges of the High Courts and the Supreme Court.
3.       The removal of the president or the members of the central public commission are determined by the members of this house.
4.       The removal of the Chief Election Commissioner of India is subject to the determination of the house.
5.       The removal of the Comptroller and the Auditor General is determined by the Loksabha.
6.        

General Responsibilities:-
1.       General rules are created.
2.       Approval of the emergency is determined by the Rajya Sabha.
3.       Constitution Amendment is an important responsibility for this House.

Removal :-
1.       The house will decide over the removal of the President.
2.       This house has an important role to decide the removal of the judges of the High Courts and the Supreme Court.
3.       The removal of the president or the members of the central public commission are determined by the members of this house.
4.       The removal of the Chief Election Commissioner of India is subject to the determination of the house.
5.       The removal of the Comptroller and the Auditor General is determined by the Loksabha.
6.        

Other Duties
1.       The House can make the cabinet powerless. It can banish the cabinet.
2.       Money Bill can only be raised in the Lok Sabha. All the power relating to financial bill is attributed to the House of the People.
3.       With the request of the one tenth members of the house, an arrangement can be made to discuss on the subject of emergency.
4.       This house can decide over the executive proposal on the withdrawal of the emergency.
5.       Lok Sabha can practise fruitful control on the ministers through various motion such as no confidence motion, censure motion, question hour, adjournment motion etc.
1.       Rajya Sabha has special powers to make laws with respect to an enlisted State List for the interest of the country with the power of Article No 249 with a majority of not less than two thirds of the present members.
2.       After having been passed in the Lok Sabha, Money Bill is sent to the Rajya Sabha. It can be delayed only for not more than 14 days by the Rajya Sabha.
3.       With the power of Article 312 of the Indian Constitution, Rajya Sabha can create one or more than one All India Services for the Union and the State 4.  Rajya Sabha cannot enjoy control power over the ministers any such motion. It only raises questions, debates and discussions.