Match List-I with List-II and select the correct answer from the codes given…
2023
Match List-I with List-II and select the correct answer from the codes given below:
LIST-I | LIST-II |
|---|---|
(Provision in Indian Constitution) | (Borrowed from Foreign Constitutions) |
(a) Law making procedure | (i) French Constitution |
(b) Power of judicial review | (ii) British Constitution |
(c) Principle of liberty and equality | (iii) United States of America Constitution |
(d) Residual powers | (iv) Canadian Constitution |
Codes
Answer: B. (a) (b) (c) (d) (ii) (iii) (i) (iv) — ConceptThe Indian Constitution was framed after a comparative study of the constitutions already in force elsewhere, so a number of its provisions are…
- A.
(a)
(b)
(c)
(d)
(ii)
(iii)
(iv)
(i)
- B.
(a)
(b)
(c)
(d)
(ii)
(iii)
(i)
(iv)
- C.
(a)
(b)
(c)
(d)
(i)
(ii)
(iii)
(iv)
- D.
(a)
(b)
(c)
(d)
(iii)
(iv)
(ii)
(i)
Attempted by 30 students.
Show answer & explanation
Correct answer: B
Concept
The Indian Constitution was framed after a comparative study of the constitutions already in force elsewhere, so a number of its provisions are conventionally credited to a specific foreign source.
The source of a borrowed feature is identified by the character of the provision itself: the working rules of the legislature, the court's authority over the constitutionality of laws, the philosophical ideals of the Preamble, and the way legislative subjects left unlisted in a federation are allotted each trace to a different model.
Application
Provision in the Indian Constitution | Constitution it is borrowed from |
|---|---|
(a) Law making procedure | (ii) British Constitution |
(b) Power of judicial review | (iii) United States of America Constitution |
(c) Principle of liberty and equality | (i) French Constitution |
(d) Residual powers | (iv) Canadian Constitution |
Law making procedure: India follows the Westminster parliamentary model, from which the rules for introducing, debating and passing bills in the legislature are taken.
Power of judicial review: the authority of the courts to examine legislative and executive action and to declare it void when it conflicts with the Constitution is drawn from the American system.
Principle of liberty and equality: the ideals of liberty, equality and fraternity carried in the Preamble come from the French Revolution and the French constitutional tradition.
Residual powers: a federation with a strong Centre, in which subjects not enumerated in any legislative list are left with the Union, follows the Canadian scheme.
Cross-check
Judicial review is not traced to the British Constitution, because the United Kingdom follows parliamentary sovereignty and its courts cannot strike down an Act of Parliament for being unconstitutional.
Residual powers are not traced to the United States Constitution, where powers not delegated to the federal government are reserved to the States; India places them with the Union on the Canadian pattern.
The French source supplies the philosophical ideals of the Preamble rather than any working procedure of the legislature or any power of the courts.
Result
The matching therefore reads (a) with (ii), (b) with (iii), (c) with (i) and (d) with (iv): law making procedure with the British Constitution, power of judicial review with the United States of America Constitution, principle of liberty and equality with the French Constitution, and residual powers with the Canadian Constitution.