What Is Constitutional Borrowing?

The term 'constitutional borrowing' refers to conjuring an act of original design, such as when drafters of a new charter supplement linguistics from another people's governing document. In describing constitutional borrowing, it means the ordinary importation of several doctrines from municipal laws into another. It is a concept of a purposive interpretive practice by a deliberate effort to bridge disparate constitutional field ends. It may include legal texts, doctrines, ideas, tests, phrases, materials, arguments, or principles. That's why constitutional framers adopted this practice of constitution borrowing in making the Constitution between 1946 and 1949.

According to Hans Kelson's Theory, the phenomenon of grundnorm is a fundamental principle that becomes a substratum for other principles. In the Indian legal system, the Constitution is a grundnorm that governs the democratic framework. The Constituent Assembly played a major role in drafting the constitution as it took them 2 years, 11 months, and 18 days, considering the welfare of the citizens of India, to finalize a comprehensive Indian Constitution.

They had borrowed several essential features from different municipal laws with a systematic approach to maintain the effective governance of the country. The State is becoming a welfare state, not just a mere police state. Therefore, the drafters did a critical analysis in making the Indian Constitution through comparative research on several essential borrowed principles from different statutes of pre-independence India and other countries.

The three-year time period from December 1946 to November 1949 was the greatest accomplishment of India after the attainment of Independence, which led to the adoption of the Constitution of India. It was not an easy task considering India's size, diversity, and ongoing complex issues. The credit must go to the framers and people who were part of the Constitutional Assembly, as it involves national leaders, freedom fighters, intellectuals, and patriots. They came together and represented different regions, interests, social groups, and political parties in the Assembly.

Background And Rationale
Dr. Bhim Rao Ambedkar, chair of the drafting committee, played a pivotal role in making the Constitution, where he applied his intellect and thoughts to this living document. He accepted this post after the suggestion made by Mahatma Gandhi to the leaders of the Indian National Congress. His views were intrinsic, especially when he said for the country during the ongoing debates in the Assembly, considering the administration and categorization of the union, that -

"Though the country and the people may be divided into different States for convenience of administration, the country is one integrated whole, its people a single people, living under a single imperium derived from a single source."[1]

Therefore, constitutional framers have declared India a Union of States under Article 1, as it is considered a living document that captures the diverse requirements of the country, which has just gained independence after two centuries of colonial rule. The main objectives are that the ideas and principles adopted through the practice of constitutional borrowing from different municipal laws must be fair, just, and reasonable. It was difficult to consider how the application of these thoughts to the people of India, considering their welfare, under the historical background and ongoing societal problems at that time.

The practice of constitutional borrowing is not just copying, but it is an adoption of essential features from different municipal laws that will make the Indian constitution a grundnorm over other applicable legal provisions in the country. Durga Das Basu, the Indian jurist and lawyer, has also stated that the Constitution of India is a beautiful patchwork because of these incorporations by the framers.

It is meant to strike a balance among different principles that will reflect the Indian ideology and philosophy to ensure equality, liberty, fraternity, and spirituality. The Constitution framers have adopted these essential features from the UK, USA, Japan, Ireland, South Africa, and others, extending from the rule of law to DPSP into the Indian Constitution.

There are several debates among the members of the constitutional assembly on every essential feature that must be adopted within the constitution. For example, there was a debate between the due process of law and the process established by law, where the 'due process of law' is a USA concept (5th Amendment, 1791 and 14th Amendment, 1868), while the 'procedure established by law' is a Japanese concept (Article 31).

However, the constitutional framers have adopted the procedure established by law considering the welfare of the citizens through Article 21 as such, the due process of law would only lead to the high pendency of cases. It will give immense power to the judiciary, which is just a non-elected body, to interfere among the executive and legislative powers.

The rationale is to examine these borrowed features through the legitimate intentions, which have been in practice post-independence through the grundnorm. The interpretations have also been changed with the flexibility of time and societal requirements through executive, legislative, and judicial actions. For example, judicial review and procedure established by law.

The Constitution of India is known for its characteristics, like dual polity, separation of power, lengthiest written constitution, federalism, and parliamentary system of government. The framers have not only adopted the essential features of different municipal laws but also implemented their Government of India Act, 1935 like emergency provisions, federal scheme, and judiciary. In the contemporary world, the document has become a substratum for the debates and discussions for every borrowed principle.

There are several global ideas that made these provisions relevant, applicable, and effective in the Indian Democratic framework; as such it navigates for the contribution and applications in resilience. Therefore, the document provides the vision to explore and examine the shape of India's democracy with through background of its adoption and role in practice for societal welfare.

The Indian Constitution: An Outline

The process of drafting the Indian Constitution was nothing short of monumental. After gaining independence in 1947, India's leaders were tasked with creating a new democratic framework to govern a population that diversified in different arenas of linguistics, culture, and religion. The Constituent Assembly, which was set up in 1946, was held responsible for this task. It comprised 299 members, including freedom fighters, legal experts, and political visionaries. Dr. B.R. Ambedkar served as the Drafting Committee's Chairman, and B.N. Rau as Constitutional Advisor in the Constitutional Assembly.

Over almost three years, the Assembly held extensive debates and discussions on various issues, from individual freedoms to government structure. This process allowed members to draw inspiration from the best constitutional practices worldwide and adapt them to India's unique context. The assembly was acutely aware that India's vast cultural and regional diversity meant that simply copying features from other nations wouldn't labour; they had to be thoughtfully modified to suit Indian requirements.

The Indian Constitution was adopted on November 26, 1949, and came into force on January 26, 1950, a day now celebrated as Republic Day in India. At its inception, it was the longest-written constitution in the world, with 395 Articles and 8 Schedules. Its sheer size reflected the complexity of governing a newly independent nation that aspired to become a democratic republic while balancing the needs of its vast population.

At the heart of the Indian Constitution lies its guiding philosophy, captured succinctly in the Preamble. The Preamble declares India a "Sovereign, Socialist, Secular, Democratic Republic" and commits to securing justice, liberty, equality, and fraternity for all citizens. The ideals show the profound influence of global movements, such as the French Revolution and American Independence, on Indian thought.

The Constitution aimed to create a balance between individual rights and state authority. It promises "liberty of thought, expression, belief, faith, and worship" and "equality of status and opportunity." This reflects the need for the Constitution to act as both a protector of individual freedoms and a guarantor of social justice, especially in a society that had long been stratified by caste and class.

This philosophy also shows why the Constituent Assembly deliberately borrowed some aspects from other countries' constitutions. The goal was to blend the best ideas with India's rich cultural and historical traditions. For example, borrowing the concept of Fundamental Rights from the U.S. Constitution or the Directive Principles from Ireland reflected the Assembly's desire to guarantee personal freedoms while pushing for social and economic reform.

One of the most important features of the Indian Constitution is its balance between flexibility and rigidity. The framers understood that while certain principles should remain sacrosanct, the Constitution needed the flexibility to evolve with the nation. This is where the borrowed features play an electrifying role, especially when compared to the rigidities of constitutions like that of the U.S. or the more fluid, unwritten constitution of the U.K.

The Indian Constitution incorporates a detailed process for amendment, outlined in Article 368. Some provisions, like changes to the Fundamental Rights, require a special majority in Parliament. At the same time, others need parliamentary approval and ratification by at least half of the state legislatures. This combination ensures that while essential elements remain protected, the document is not so rigid that it cannot be amended to address contemporary issues or changing social norms.

This blend of rigidity and flexibility has allowed India's democratic framework to remain relevant and adaptive, particularly in addressing the needs of a growing, diverse population. For instance, the Constitution has been amended over the decades to address issues such as affirmative action (through reservations for backward classes), environmental protection, and judicial overreach. In many ways, the influence of borrowed ideas like federalism from Canada or the parliamentary system from the U.K. shows its value in the long-term viability of India's political system.

Borrowed Essential Constitutional Features of Indian Constitution:

The Indian Constitution is often described as a "bag of borrowings" because its framers carefully selected and incorporated the best features from various global constitutions. Far from simply copying foreign systems, the Constituent Assembly adapted these borrowed elements to suit the unique socio-political landscape of India. This approach allowed India to leverage the experiences of older democracies while ensuring that the borrowed features would align with Indian traditions and aspirations.

1. British Constitution
   The influence of the British Constitution is profound, not only because of India's colonial history but also due to the parliamentary system's efficiency in balancing government powers. The framers saw value in Britain's unwritten, flexible constitutional conventions, which had evolved over centuries as it provided a rule of law, bicameralism, a parliamentary system of government, and single citizenship.
   
   1. Rule of Law
      As developed in the UK, the principle of the rule of law by A.V. Dicey ensures that all individuals, irrespective of their position, are subject to the law. They highlighted the principles under the rule of law, i.e., supremacy of law, equality before the law, and predominance of legal spirits. This principle was fundamental for India, a nation emerging from colonial rule, where legal uniformity and fairness were crucial for national unity. In the Indian context, this principle was embodied in Article 14, which guarantees equality before the law and equal protection of the laws.
       
   2. Parliamentary System of Government
      India adopted the British Westminster model, with a parliamentary system where the executive is responsible to the legislature. This system was seen as particularly useful in managing the complexities of a diverse and populous country. The Prime Minister and the Council of Ministers are drawn from the elected members of Parliament, ensuring that the executive remains accountable to the people's representatives.
       
   3. Single Citizenship
      The British practice of single citizenship, meaning that citizens owe allegiance to only one national authority, was borrowed to strengthen national unity in a culturally diverse country like India. Despite having a federal structure, single citizenship ensures that all Indians enjoy the same rights, regardless of their state. As such, the concept of citizenship has been implemented under Part 2 of the Indian Constitution.
       
   4. Bicameralism
      Like the UK's House of Commons and House of Lords, India adopted a bicameral system, with the House of the People and the Council of States. The Rajya Sabha represents the states in India's federal system, much like the House of Lords represents different societal interests in Britain. At the same time, the Lok Sabha functions similarly to the House of Commons in representing the people. In India, Parliament consists of the President, the House of People, and the Council of States.
       
2. USA Constitution
   The U.S. Constitution was a major inspiration for India in safeguarding individual liberties and ensuring checks and balances within the government, like fundamental rights, judicial review, and independence of the judiciary.
   
   1. Fundamental Rights
      The framers borrowed them from the U.S. Bill of Rights as the Indian Constitution guarantees its citizens fundamental rights under Part III (Articles 12 to 35). These rights, from the right to equality to freedom of speech, are the bedrock of Indian democracy. They provide citizens with essential protections against the state and serve as a powerful tool to secure personal liberties.
       
   2. Judicial Review
      India adopted the concept of judicial review from the U.S. system, allowing the judiciary to interpret the Constitution and strike down laws or executive actions that violate constitutional provisions. This feature, enshrined in Articles 13 and 32, ensures that the Supreme Court of India acts as the guardian of the Constitution.
       
   3. Independence of Judiciary
      Like in the U.S., India's judiciary, being a non-elected body, is independent of the executive and legislature. This independence is critical in a democracy to ensure that laws are applied impartially and constitutional values are upheld, particularly in protecting the fundamental rights of citizens and administration of justice.
       
3. Canadian Constitution
   The committees have observed Canada's federal model, with a clear division of powers between the central and provincial governments, which influenced India's federal structure. It adopted the features of the federation with a strong center and vesting of residuary powers in the center.
   
   1. Federation with a Strong Center
      While India is a federal country, the framers borrowed the idea of a strong center from Canada to ensure that the Union Government holds greater power in matters of national importance. This was essential in preventing the possibility of secessionist tendencies in a country as diverse as India.
       
   2. Vesting of Residuary Powers in the Center
      In India, like in Canada, residuary powers (those not explicitly mentioned in the Constitution) are vested in the central government, allowing it to legislate on matters that may arise in the future. It is specifically mentioned under Article 248 of the Indian Constitution.
       
4. Australian Constitution
   The Australian Constitution has provided key ideas for dividing powers between central and state governments, as it provided the concept of the concurrent list and trade and commerce provisions.
   
   1. Concurrent List
      The concept of a concurrent list (Schedule 7 – List III and Article 246 of the Indian Constitution), where central and state governments have the authority to legislate on certain subjects, was borrowed from Australia. This list allows for cooperative federalism and ensures that both levels of government can address shared concerns like education and health.
       
   2. Trade and Commerce Provisions
      India adopted provisions from the Australian Constitution regarding the freedom of trade and commerce between states. This was crucial for ensuring economic unity and preventing inter-state trade barriers.
       
5. Irish Constitution (Ireland)
   Ireland's relatively new constitution in 1937 provided a model that was particularly influential for India, especially in balancing social and economic goals with democratic governance. It provided the concept that the state should have principles to implement the policies for the welfare of the people.
   
   1. Directive Principles of State Policy
      The directive principles (Articles 36 to 51) were directly borrowed from the Irish Constitution. These principles aim to promote social welfare and economic justice and ensure a fair distribution of wealth. Though non-justiciable, meaning they cannot be enforced in courts, they serve as guiding values for governance and are crucial in shaping laws and policies for social reform.
       
   2. Presidential Election Method
      India adopted the Irish model of electing the President indirectly through an electoral college rather than by direct vote. This method ensures that the President, as a ceremonial head, represents a broad consensus of the central and state governments, keeping with India's federal spirit.
       
6. South African Constitution
   Though not as prominent, South Africa's Constitution provided crucial procedural details for constitutional amendments, which played an important role in constitutional history as such, till date, around 106 constitutional amendments took place which have changed the legal and social arenas.
   
   1. Procedure for Constitutional Amendment
      The framers borrowed from South Africa's method of amending the Constitution, balancing rigidity with flexibility. While certain provisions of the Indian Constitution like Article 368 require a special majority in Parliament, some amendments also need ratification by half the state legislatures, ensuring that both the central and state governments participate in major constitutional changes.
       
7. Japan Constitution
   Though Japan's post-World War II Constitution of 1947 may not have had as prominent an influence as some other nations, it did offer key insights into the governance structure, particularly the concept of "Procedure Established by Law" that was incorporated into the Indian Constitution.
   
   1. Procedure Established by Law
      The concept of "Procedure Established by Law" was borrowed from Japan's post-war constitution. This phrase appears in Article 21 of the Japanese Constitution, which emphasizes due legal process. This idea was especially significant in India's constitutional framework concerning protecting life and personal liberty, outlined in Article 21 of the Indian Constitution.
      
      The framers of the Indian Constitution adopted this principle, which asserts that the state cannot deprive an individual of life or personal liberty except through a procedure prescribed by law. The interpretation of "Procedure Established by Law" in Japan reflects a more narrow understanding than the broader "Due Process of Law" seen in the U.S. Constitution. Over time, however, the Indian judiciary expanded the scope of Article 21 to include "Procedure Established by Law" and "substantive due process," ensuring that laws themselves must be fair, just, and reasonable, aligning with broader democratic ideals.
       
8. Germany Constitution
   Emergency Provisions (Suspension of Fundamental Rights during Emergency)
    

The Weimar Constitution of Germany, adopted after World War I, was a source of India's emergency provisions. The framers of the Indian Constitutional Assembly borrowed Germany's emergency provisions, allowing the central government to assume more extraordinary powers during times of national crisis, such as war or financial instability. These provisions (Articles 352 to 360) allow the government to suspend certain rights and centralize authority to maintain national security and public order.

Role Of Essential Features In The Democratic Framework

India's Constitution is often lauded as a "living document" that adapts and evolves over time. One of the key reasons for its enduring strength lies in the fact that the framers, rather than starting from scratch, judiciously borrowed features from the constitutions of other nations, tailoring them to the Indian context. These borrowed elements have not only helped India establish a stable democracy but also allowed it to address the challenges of governing a highly diverse and complex society.

The borrowed features in the Indian Constitution have played a pivotal role in enhancing the functioning of India's democracy. They provided India with a strong institutional framework that has enabled the smooth running of the world's largest democracy. For instance, the Parliamentary system borrowed from the UK has been instrumental in ensuring government accountability. The concept of a responsible government, where the executive is accountable to the legislature, has enabled continuous checks on power. Through machineries like parliamentary debates, question hours, and no-confidence motions, the people's representatives can hold the government accountable, preventing authoritarianism.

Whereas the adoption of the fundamental rights from the U.S. Bill of Rights has empowered Indian citizens with constitutional protections against state overreach. These rights, such as, Article 14, Article 19 and Article 21 have safeguarded individual freedoms in the country, promoting democratic participation and ensuring that citizens can challenge unjust laws or actions.

The borrowed features have also been crucial in establishing a robust system of checks and balances between the different branches of government: the legislature, executive, and judiciary. The separation of powers, influenced by the U.S. Constitution, ensures that no single branch dominates the others. The Indian judiciary, for example, has the power of judicial review, allowing it to strike down any laws or executive actions that violate the Constitution. This was a concept directly borrowed from the U.S. Constitution and has been a cornerstone in protecting constitutional values in India.

Moreover, the bicameral system adopted from the UK, with the Lok Sabha (House of the People) and Rajya Sabha (Council of States), ensures that laws undergo thorough scrutiny before being enacted. While the Lok Sabha represents the people's voice, the Rajya Sabha provides representation to the states, ensuring that the country's federal structure is maintained. This careful balancing of power, along with the division of subjects into the Union, State, and Concurrent Lists (borrowed from Canada and Australia), has prevented the centralization of power and allowed the country's federal structure to function smoothly.

The borrowed features have not remained static; they have evolved over time to address the needs of India's changing political and social landscape. For example, the Directive Principles of State Policy, borrowed from Ireland, initially served as non-enforceable guidelines for the government to promote social and economic welfare. However, they have since influenced important laws and policies, such as the Right to Education Act, 2009, and land reform policies to reduce inequality.

While borrowed features have significantly contributed to India's democracy, they have also faced criticism. Some scholars argue that certain borrowed features, especially the federal structure, have at times created tension between the central government and states. The federal model, borrowed from the U.S. and Canada, has sometimes led to disputes over the balance of power, especially when states feel their autonomy is being undermined by a strong central government.

Moreover, the judicial review power, borrowed from the U.S., has been critiqued for leading to occasional instances of judicial overreach. The judiciary's role as the protector of the Constitution is critical, but there have been instances where critics argue that the courts have ventured into policymaking, an area traditionally reserved for the legislature and executive. Despite these critiques, the dynamic interplay of these borrowed features has made Indian democracy stronger. Rather than being seen as flaws, these challenges reflect the adaptive nature of Indian democracy, where borrowed concepts are continually tested, debated, and reinterpreted in light of evolving needs.

One of the most remarkable aspects of the Indian Constitution is how it synthesizes global ideas into a uniquely Indian framework. For instance, while borrowing the parliamentary system from the UK, the framers were careful to ensure that it reflected the democratic aspirations of a newly independent India. This is why the Constitution grants universal adult suffrage, ensuring that every adult citizen has the right to vote, regardless of their caste, religion, or gender, thereby promoting inclusivity and egalitarianism. India has been able to create a democratic framework that respects diversity, promotes individual freedom, and ensures government accountability, all while remaining rooted in its unique cultural and historical context.

Comparative Analysis Of Borrowed Features

The constitutional framers have carefully adapted and integrated these elements to fit the socio-political landscape of India, a country that emerged from colonial rule with its own historical, cultural, and economic complexities. This careful adaptation process is what has enabled India to forge a democracy that is not just a product of imitation but a tailored, functional system that has served the country for over seven decades.

Federalism

It implies a particular arrangement of powers of the state. India created its own version that emphasizes a strong central government while maintaining significant autonomy for states. The framers were keenly aware that, unlike the U.S. or Canada, where federalism developed organically from states or provinces coming together, India's states were born from an already existing nation. This made it necessary to establish a stronger centre to maintain national unity and prevent the country from fracturing along linguistic, cultural, or regional lines.

In the case of S.R. Bommai v. Union of India[2], the Court held that the federal structure of the Constitution cannot be altered or manipulated arbitrarily by the central government. It reinforced that the balance of power between the Union and the States is essential to India's democratic framework, reflecting the global influence of federalist principles.

Thus, while the division of powers between the centre and the states (inspired by Canada's model) was adopted, the Indian model ensures that residuary powers lie with the central government, enabling it to legislate on matters of national importance. This integration of federalism with a strong centre has allowed India to handle internal challenges, such as regionalism and separatist tendencies, without compromising on state autonomy in areas like law enforcement, agriculture, and healthcare.

Fundamental Rights

The adoption of Fundamental Rights, inspired by the U.S. Constitution's Bill of Rights, was not a simple cut-and-paste. Unlike the U.S., the framers recognized that India had deep-rooted social hierarchies, especially around caste, class, and religion. Therefore, the rights enshrined in the Indian Constitution (Articles 12-35) were tailored to reflect India's pressing social issues.

For instance, Article 17 abolishes untouchability, a practice deeply ingrained in the social structure of India for centuries. This provision goes beyond the usual scope of civil liberties found in the U.S. Constitution, reflecting the framers' determination to use the Constitution as a tool for social reform. Similarly, the Indian Constitution's promise of equality before the law (Article 14) takes into account historical inequities by enabling affirmative action policies, like reservation for socially and educationally backward classes. This adaptation was necessary to ensure that the concept of equality wasn't merely theoretical but had practical applications for a diverse, hierarchical society.

In Maneka Gandhi v. Union of India[3], the Court held that any law restricting personal liberty must be just, fair, and reasonable, reinforcing the constitutional commitment to individual freedoms, a principle inspired by the U.S. Constitution's Bill of Rights. This case demonstrates how India's borrowed principles have evolved in practice to better protect the rights and dignity of its citizens, while addressing contemporary challenges.

The Directive Principles Of State Policy

The Directive Principles of State Policy as a concept is being inspired by Ireland's constitution. Unlike Fundamental Rights, these principles are non-justiciable, meaning courts cannot enforce them. However, they were designed to guide the government in creating policies to establish social and economic justice. In the Indian context, the framers knew political independence would be hollow without addressing widespread poverty, illiteracy, and inequality. Therefore, the Directive Principles were adapted to focus on the welfare of the people, urging the state to work towards eliminating inequalities in income, securing the right to work, education, and public assistance, and promoting the welfare of weaker sections of society, including women and children.

In Minerva Mills v. Union of India[4], the Court held that Directive Principles aim to promote social and economic justice, they cannot override the Fundamental Rights. It envisaged that India has adapted borrowed ideas to ensure a balance between individual freedoms and the collective good, in line with its socio-economic context. The concept shows how a borrowed feature has evolved into a meaningful tool for shaping social and economic policies that resonate with India's aspirations.

Parliamentary Government

The decision to adopt the Westminster parliamentary system, borrowed from the UK, was another area of adaptation. The framers believed that this model, where the executive is drawn from the legislature and is accountable to it, would work well for India's diverse and often fragmented political landscape. However, while the framework was borrowed, the practice has evolved uniquely in the Indian context.

In India, the Prime Minister is the head of government, but unlike in the UK, where the concept of a shadow cabinet and party loyalty is entrenched, Indian democracy has developed a distinct flavor of coalition politics. In many instances, regional parties play a significant role in government formation, often leading to coalition governments. This practice reflects India's multi-party system and regional diversity, making the borrowed parliamentary system more inclusive of different voices, a necessity in a country with over a billion people and dozens of regional and national parties.

Moreover, while the President of India holds a largely ceremonial role, similar to the British monarch, the office has also adapted to Indian needs. During times of political instability, especially in hung parliaments, the President plays an active role in facilitating government formation, reflecting a more pragmatic approach than what the framers had initially envisioned.

Judicial Review
The concept of judicial review, borrowed from the U.S. Constitution, allows Indian courts, particularly the Supreme Court, to declare void and unconstitutional the executive and legislative actions that violate the Constitution. However, in the Indian context, judicial review has evolved to become a powerful tool for upholding democratic values and protecting citizens' rights.

The Indian judiciary has often interpreted the Constitution in a way that expands rights and strengthens democratic processes. For example, Article 21, originally a narrow guarantee of life and personal liberty, has been expanded by judicial interpretation to include the right to a dignified life, right to education, and even environmental protections. This demonstrates how a borrowed feature like judicial review has been integrated into the Indian framework, becoming a powerful mechanism for ensuring justice and equity.

In the case of Kesavananda Bharati v. State of Kerala[5], the Supreme Court laid down the "Basic Structure Doctrine," which limits the power of Parliament to amend the Constitution. The court held that while Parliament has wide powers to amend the Constitution under Article 368, it cannot alter its basic structure, including the key principle of judicial review. While not found in any foreign constitution, this principle has emerged from the Indian judiciary's creative adaptation of judicial review and has become an essential safeguard for Indian democracy.

Emergency Provisions
The emergency provisions, borrowed from the Weimar Constitution of Germany, were integrated into the Indian Constitution to deal with extraordinary situations like war, armed rebellion, or financial instability. However, the framers took extra care to modify these provisions in a way that suited India's particular context.

During the 1975 Emergency, these powers were misused, leading to widespread political and civil rights abuses. This dark chapter in Indian democracy forced the country to re-evaluate the emergency provisions, leading to reforms through the 44th Amendment (1978). These reforms made it much harder for future governments to impose an emergency arbitrarily, thus ensuring that this borrowed feature was adapted to prevent its misuse while still preserving its utility in genuine crises.

Perhaps the most remarkable aspect of India's Constitution is how these borrowed features have not remained foreign. Over time, they have been indianized, reinterpreted, adapted, and modified to suit the country's ever-evolving needs. The framers anticipated this process. They were keenly aware that the Constitution would need to grow and evolve alongside India, so they built flexibility through the amendment process and judicial interpretations.

As a result, India's Constitution is not a static document but a living one that adapts foreign ideas to its soil, integrates them into its cultural, social, and historical fabric, and continually refines them to meet the demands of a changing society. This ability to adapt has been key to its success, making Indian democracy resilient and responsive to the needs of its people.

Conclusion And Recommendations
The drafted constitution is a workable and flexible patchwork, as the essential characteristics of the constitution provide the relevant phenomenon. The constitution, as a living document, should be agreed upon by all citizens and political parties of India. It might be easy to interpret or alter the basic substratum of basic features of the Indian Constitution, but this may sometimes vitiate public life and societal affairs.

Hence, some essential features envisage limitations upon regulating other essential features in the Indian Constitution, like Judicial Review and Constitutional Amendment. These essential features are important in imposing limitations upon executive, legislative, and judicial powers. It even provides checks and balances upon the limbs of government.

The Indian constitutional framers have carefully analyzed and aligned the borrowed principles with the people's requirements. The essential features are a blend of civil, political, and socio-economic rights, which are majorly driving the constitution from Part III (Fundamental Rights) and Part IV (DPSP). They balance equality and liberty to maintain an ideal society with a captivating democratic framework. It provides the substratum and practical landscape from the adoptions in order to grow a vivacious economy.

Somehow, there are several people who have declined the term 'Bag of Borrowings', irrespective of the navigated fact that the framers have adopted the practice of constitutional borrowing. The reasons stated that the features are not copied but have been absorbed in the document; as such, the Constitution is unique in its content and spirit that gives the natural rights i.e., people's consciousness.

They even stated that the Constitution is growing from several amendments post-independence and becoming flexible with the legal, social and economic environment. There are some areas like population, diversity, tradition, and customs that become the foundations to differentiate the municipal characteristics of India from those of other countries.

However, it cannot be negated that these borrowed features have contributed to the growth and development of the country in all aspects. It has shown the practical realities in the administration of justice, implementation of public policies, and enforcement of laws. It brought several rights like livelihood, privacy, and speedy justice through precedents. The preamble of the Constitution, who acts as a preface of the document, also ensures the justice, liberty, equality, fraternity, dignity and unity for all the citizens.

The major part of the recommendations is to navigate the DPSP, that acts as a goal for an ideal society, as such it provides the social and economic rights. There is a requirement of solidifying the implementation part at all grounds. The gap between rich and poor should be fulfilled by priotizing the needs and wants for their welfare like healthcare, education and affirmative actions.

No right is absolute, hence the constitution has also imposed limitations in the interests of general public, national security, public order and safety. However, the limbs of government can play role of activists, like judicial activism, where under Article 21 of Indian Constitution gives procedure established by law, but still it should be backed by due process of law. In contemporary world, law must include both 'jus' and 'lex', means natural justice and encated law respectively to bring social harmony.

The interference among the organs of government, despite the separation of powers, should have just, fair and reasonable actions. The reforms and reviews in the borrowed features are required to continue its relevance in democratic framework for the inclusiveness and efficiency. Hence, there should also be fostering the democratic values which might eliminate the numerous declaration of void and unconstitutionality through judiciary.

End Notes:

1. K H Cheluva Raju, Dr. B. R. Ambedkar And Making Of The Constitution: A Case Study of Indian Federalism, 52 Source Indian J. Polit. Sci. 153 (1991).
2. 1994 AIR 1918
3. 1978 SCR (2) 621
4. 1980 AIR 1789
5. AIR 1973 SC 1461