Comparison of the Indian and UK Constitutions

The Constitutions of India and the United Kingdom (UK) shape their political and legal systems, ensuring governance and rights for their citizens. While both countries share a parliamentary system, they differ in their constitutional structure, legislative power, and executive framework.

Similarities Between the Indian and UK Constitutions

1. Parliamentary System

• Both countries follow a parliamentary democracy, where the Prime Minister is the head of government.
• The cabinet system is integral to the executive structure in both nations.

2. Executive Setup

• Each country has two separate heads of state and government.
• In India, the President is the ceremonial head, while the Prime Minister holds executive power. In the UK, the Monarch is the ceremonial head, while the Prime Minister leads the government.

3. Amendment Process

• In the UK, laws can be passed, altered, or repealed by a simple majority, similar to India's ordinary laws.
• However, India's constitutional amendments require a special majority, distinguishing them from ordinary laws.

4. Judicial Framework

• Judges in both India and the UK can be removed through a formal process.
• Both legal systems uphold judicial independence.

Differences Between the Indian and UK Constitutions

1. Written vs. Unwritten Constitution

• India: Has a written constitution that defines governance, rights, and responsibilities.
• UK: Has an unwritten constitution, composed of laws, traditions, and legal precedents.

2. Political Framework

3. Legislative System

• India: The Constitution is the supreme law, and the judiciary ensures laws align with it.
• UK: Parliament is sovereign, meaning it has ultimate power over laws without judicial review.
• India: The judiciary checks legislative power, ensuring a separation of powers.
• UK: No strict separation of powers; Parliament controls governance.

4. Role of the Speaker

• UK: The Speaker of the House of Commons becomes politically neutral once elected and remains unaffiliated.
• India: The Speaker of the Lok Sabha remains a party member and can return to active politics.

5. Executive Responsibility

• UK: Ministers have individual legal responsibility for their actions.
• India: Ministers are collectively responsible to Parliament but do not have individual legal responsibility.

6. Amendment Process

• UK: No distinction between constitutional and ordinary laws; both can be amended by a simple majority.
• India: Constitutional amendments require a special process, ensuring stability and clarity.

Conclusion

The Indian and UK Constitutions share a parliamentary structure but differ in governance style, judicial independence, and legislative authority. While India's written Constitution provides a clear framework, the UK's unwritten Constitution relies on tradition and parliamentary supremacy. These differences reflect each nation's historical and political evolution.