The concept of “Procedure Established by Law” in the Indian constitution is borrowed from which of the following countries?

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SSC CHSL Tier-I Exam 2022 Official Paper (Held On: 14 March, 2023 Shift 1)
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  1. Britain
  2. France
  3. United States of America
  4. Japan

Answer (Detailed Solution Below)

Option 4 : Japan
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Detailed Solution

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The correct answer is Japan.

Key Points

  • It means that a law has been duly enacted by the competent body following the correct procedure. For example, the procedure mentioned in the constitution.
  • The Doctrine of Procedure established by law has been taken from the Japanese Constitution.

Additional Information

  • The Indian constitution came into force on 26th January 1950.
  • It was adopted by the Constituent Assembly on 26th November 1949. 
  • Some provisions of the Constitution pertaining to citizenship, elections, provisional parliament, and temporary and transitional provisions.
  • And short title contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force on November 26, 1949,.
  • The remaining provisions (the major part) of the Constitution came into force on January 26, 1950.
  • This day is referred to in the Constitution as the date of its commencement and is celebrated as Republic Day.
  • January 26 was specifically chosen as the date of commencement of the Constitution because of its historical importance.
  • It was on this day in 1930 that Purna Swaraj day was celebrated, following the resolution of the Lahore Session (December 1929) of the INC.

Important Points

The other borrowed provisions from different countries and details of those are given in below:

Countries  Borrowed Provisions
Australia
  • Concurrent list
  • Freedom of trade, commerce
  • Joint-sitting of the two Houses of Parliament

Canada

  • Federation with a strong Centre
  • Vesting of residuary powers in the Centre
  • Appointment of state governors by the Centre
  • Advisory jurisdiction of the Supreme Court
Ireland
  • Directive Principles of State Policy
  • The nomination of members to the Rajya Sabha
  • Method of election of the President
Japan
  • Procedure Established by law
Russia
  • Fundamental duties
  • Ideals of justice (social, economic, and political) in the Preamble
United Kingdom
  • Parliamentary government
  • Rule of Law
  • Legislative procedure
  • Single Citizenship
  • Cabinet system
  • Prerogative writs
  • Parliamentary privileges
  • Bicameralism
The United States of America
  • Fundamental rights
  • Independence of judiciary
  • Judicial review
  • Impeachment of the president
  • Removal of Supreme Court and High Court judges
  • Post of vice-president
Germany
  • Suspension of Fundamental Rights during emergency
South Africa
  • Procedure for amendment in the Indian Constitution
  • Election of members of Rajya Sabha
France
  • Republic
  • Ideals of liberty, equality, and fraternity in the Preamble
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