Some of the key features of Irelandâs Constitution were incorporated in the Constitution of India. Identify those features and examine their significance.

Points to Remember:

Key constitutional features borrowed by India from Ireland.
Significance of these borrowed features in the Indian context.
Comparison and contrast between the Irish and Indian implementations.
Impact on Indian democracy and governance.

Introduction:

The Constitution of India, adopted on 26th January 1950, is a landmark document that draws inspiration from various sources, including the Government of India Act 1935, the constitutions of the USA, Canada, Ireland, and others. While the influence of the Government of India Act 1935 is undeniable in its structural framework, Ireland’s contribution is significant in shaping certain fundamental aspects of Indian democracy. This essay will identify key features borrowed from the Irish Constitution and examine their significance in the Indian context.

Body:

1. Directive Principles of State Policy (DPSP): One of the most significant borrowings from the Irish Constitution is the concept of Directive Principles of State Policy (DPSP). Article 40 of the Irish Constitution outlines the principles of social policy, which influenced the inclusion of DPSPs (Part IV) in the Indian Constitution. These principles, while not legally enforceable, guide the state in formulating policies aimed at social and economic justice, such as providing free and compulsory education, securing a living wage, and promoting equal opportunities.

Significance: DPSPs act as a moral compass for the government, pushing it towards a welfare state. They represent a commitment to social justice and equality, even if their implementation is subject to the availability of resources and political will. However, the lack of legal enforceability has been criticized, leading to debates on their effectiveness.

2. Nomination of Members to the Upper House (Rajya Sabha): The Irish Constitution’s provision for the nomination of members to the Senate (Seanad Ãireann) influenced the Indian Constitution’s provision for the nomination of 12 members to the Rajya Sabha (Council of States) by the President. These nominated members represent fields like art, science, literature, and social service.

Significance: This provision ensures representation for experts and specialists who might not otherwise be elected. It enriches the quality of debate and deliberation in the Rajya Sabha. However, critics argue that the nomination process can be susceptible to political influence, potentially undermining the intended objective of bringing in independent voices.

3. Suspension of Fundamental Rights during Emergency: While not a direct copy, the Irish Constitution’s provisions for restricting fundamental rights during a state of emergency influenced the Indian Constitution’s approach to this issue. Article 40 of the Irish Constitution allows for the suspension of certain rights during an emergency. Similarly, Article 359 of the Indian Constitution allows the President to suspend the enforcement of certain fundamental rights during a national emergency.

Significance: This provision is intended to maintain order and security during times of crisis. However, it has been criticized for its potential for abuse, as seen during the Emergency declared in India in 1975. The potential for curtailing fundamental rights during emergencies necessitates stringent safeguards and judicial oversight.

4. Method of Election of the President: The method of electing the President, through an electoral college, draws inspiration from the Irish presidential election system. While the composition of the electoral college differs, the basic principle of indirect election is shared.

Significance: This system ensures that the President is elected by a body representing both the legislature and the states, ensuring a balance of power and preventing direct popular election which might lead to populist choices.

Conclusion:

The Indian Constitution has selectively incorporated several features from the Irish Constitution, notably the Directive Principles of State Policy, the nomination of members to the Rajya Sabha, and aspects related to emergency provisions and presidential elections. While these features have contributed significantly to the Indian democratic framework, their implementation has faced challenges and criticisms. Striking a balance between the ideals of social justice, individual rights, and national security remains a continuous process. Strengthening the mechanisms for accountability and transparency in the implementation of these borrowed features, along with ensuring judicial oversight, is crucial for upholding the constitutional values of justice, liberty, equality, and fraternity. A focus on inclusive growth and social justice, guided by the spirit of the DPSPs, will ensure the continued relevance and effectiveness of these borrowed features in building a more equitable and just society.

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