Introduction

It is safe to assume that the average Australian has very little knowledge, if any, about the Indian Constitution. This is largely due to the fact that the Indian Constitution and its provisions are not frequently discussed in Australian contexts. Despite this, the Indian Constitution has provided foundational elements to shape key policies in Australia, such as the provisions for freedom of trade and commerce.

The Lack of Awareness About the Indian Constitution

To be brutally honest, the Indian Constitution is not a central topic of discussion in Australia. In fact, I wonder how many Indians are aware of it, aside from the mandatory school curriculum. The Indian Constitution is a document with a rich history and intricate details, but its relevance to Australians is often overlooked.

Understanding the Indian Constitution

I do have a basic understanding of the Indian Constitution. It is partially modeled after the Australian Constitution, but it also draws from other national constitutions. For a comprehensive overview, Wikipedia offers an excellent table that outlines the influences.

No Opinion: A Common Perspective

I firmly believe that I, along with many others, would not dare to offer an opinion on the Indian Constitution. The document is long and complex, and its comprehensive nature makes it difficult to grasp its full implications without dedicated study.

Admiration for Universal Values

The Indian Constitution emphasizes universality of values, which contrasts with communal values. This is a refreshing perspective, especially in light of current global challenges. The provisions for freedom of trade and commerce, in particular, resonate well with the ongoing economic dynamics in Australia. With the onset of the COVID-19 pandemic, many states have implemented emergency legislation to close borders, which could potentially contravene specific sections of the Indian Constitution, such as Articles 92 and 117.

Comparative Analysis: Federation vs Union

A significant difference between the Indian and Australian constitutions is their structure. India is a union, while Australia is a federation. In a union, like India, the central government holds more power. Conversely, in a federation like Australia, the states possess more autonomy. The Indian Constitution, with its emphasis on communal values, is designed to protect regional identities and linguistic groups, which aligns with the Indian cultural and social fabric.

On the other hand, the Australian Constitution allows states more flexibility, but this comes with certain constraints. For instance, Section 92 specifically prohibits any discrimination between states, which can sometimes complicate the balance between federal and state powers.

Conclusion

The relationship between the Australian and Indian Constitutions is complex and multifaceted. The Indian Constitution, with its emphasis on freedom of trade and commerce and a strong stance on communal values, offers important lessons and inspirations for governing a diverse and large nation. It is crucial for Australians to acknowledge and understand the global context, particularly when it comes to constitutional matters.

Ultimately, it is important to view national constitutions as part of a larger global dialogue, recognizing the value of diverse perspectives and experiences. The Indian Constitution, despite being lesser-known in Australia, is a valuable source of insight into constitutional frameworks that can inform and enhance our own governance practices.