Solved previous year question from the OPSC OAS/OCS 2021 Preliminary Examination (General Studies), with the official answer key and a detailed explanation.
Question
Which of the following features of the Indian Constitution are not borrowed from South Africa ?
(i) Election of the members of Rajya Sabha
(ii) Amendment of the Constitution
(iii) Concept of Procedure established by Law
(iv) Centre appoints the Governors at the States
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Answer & Explanation
Correct answer: (C) (iii) and (iv)
Features borrowed from South Africa
(i) Election of the members of Rajya Sabha – Borrowed from South Africa
- The indirect election of members to the upper house (Rajya Sabha) by state legislatures was borrowed from South Africa’s system.
(ii) Amendment of the Constitution – Borrowed from South Africa
- The procedure for constitutional amendment was influenced by South Africa’s constitutional amendment process.
Features NOT borrowed from South Africa: (iii) Concept of Procedure established by Law – NOT borrowed from South Africa
- This concept was borrowed from Japan, not South Africa. It refers to the principle that no person can be deprived of life and liberty except according to procedure established by law.
(iv) Centre appoints the Governors at the States – NOT borrowed from South Africa
- This feature was borrowed from Canada (Government of Canada Act 1867), where the Governor-General appoints Lieutenant Governors. This was not taken from South Africa.
Here’s a comprehensive table of the sources of the Indian Constitution:
| Source Country | Features Borrowed |
|---|---|
| Britain | Parliamentary system, Rule of Law, Legislative procedure, Single citizenship, Cabinet system, Writs, Bicameralism, Speaker in Lok Sabha, Office of CAG |
| USA | Fundamental Rights, Independence of Judiciary, Judicial Review, Impeachment of President, Removal of Supreme Court and High Court judges, Vice President as ex-officio Chairman of Rajya Sabha, Preamble |
| Ireland | Directive Principles of State Policy, Nomination of members to Rajya Sabha, Method of election of President |
| Canada | Federation with strong Centre, Vesting of residuary powers in Centre, Appointment of Governors by Centre, Advisory jurisdiction of Supreme Court |
| Australia | Concurrent List, Freedom of trade and commerce, Joint sitting of Parliament |
| South Africa | Procedure for amendment of Constitution, Election of members of Rajya Sabha |
| Germany (Weimar) | Suspension of Fundamental Rights during Emergency |
| USSR (erstwhile) | Fundamental Duties, Ideals of justice (social, economic, political) in Preamble |
| Japan | Procedure Established by Law (Article 21) |
| France | Republic, Ideals of Liberty, Equality and Fraternity in Preamble |
| Government of India Act, 1935 | Federal scheme, Office of Governor, Judiciary, Public Service Commission, Emergency provisions, Administrative details |
