Comparison of Indian constitution with other countries

Mains Marks Booster     29th July 2023        
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India – US


Similarities

  • Fundamental rights are recognized in both countries.

Legislative framework:

  • In the legislatures of both countries, there are state representatives.
  • Both countries have an impeachment process in place to remove the president.

Philosophical elements.

  • The United States is where India got the idea for judicial review and legal procedure.
  • The several branches of the government are separated in terms of authority.
  • The United States has a federal structure akin to that of India.
  • The Supremacy of the Constitution in the USA is similar to that in India.


Differences


Amenability of Constitution: India's constitution is both rigid and flexible, in contrast to the USA's rigid structure.

Political framework: India has a parliamentary system of governance, whereas the USA has a presidential one.


Setup for President:

    • Eligibility: Only a natural born citizen of the United States can become President. The Indian President, must be a citizen of India, which might be natural or acquired.
    • Veto power: USA - The President has a qualified veto. India - Does not have qualified veto power.
President's Impeachment: USA - The causes are treason, bribery, and severe crimes of misdemeanor. India - For violations of the constitution.

Office of the Vice-president: 

USA: Because of a vacancy in the office of the President, a Vice President may become President.
  • In India: In the event of a vacancy, he can only serve as president until the new president is chosen.

Fundamental rights:

    • USA: They follow "due process of law."
India: Follow "procedure established by law."

Checks and Balances:

  • USA: Follows a Strict doctrine of Separation of Power.
  • India: The executive and legislature are tightly interwoven and the judiciary is acting somewhat independently.

Judicial structure:

  • USA: Every State has a unique Constitution and Supreme Court (Federal form).
  • India: Integrated and independent judiciary with Supreme Court stands at the top of the integrated judicial system.

Federalism:

  • USA: Dual Federation: Indestructible union of indestructible states. Symmetrical federalism: All states are given equal representation in the Senate
  • India: Indestructible union of destructible states. Asymmetrical federalism: States have been given representation in Rajya Sabha on the basis of their population.

India - Russia


Similarities


Setup for executives: In both nations, the President appoints the prime minister.


Legislative framework: Similar to India, the Lower House is more powerful. Both of them include a clause outlining essential rights.

Differences

    • Political Framework: While India has a parliamentary type of government, Russia has a semi-presidential administration.
    • Structure of executive: In the event of the president's demise or resignation in Russia, the prime minister takes over as president; in India, the vice-president assumes that role. In India, there is no restriction on the number of consecutive terms a president may serve, unlike in Russia. In Russia, the President is more powerful, whereas in India, the Prime Minister is more influential.
Legislative framework: In India, the First Past the Post System is used to elect Lower House members, whereas in Russia, the Proportional Representation System is used.Judicial framework: In contrast to India, Russia does not have a single integrated judicial system.

India – UK


Similarities


  • Both countries have a parliamentary system of government.
  • Setup for executives: The cabinet system is present in both countries. There are two separate heads of government for each country.
  • Amenability: Like in India, a simple majority is required to pass, alter, or repeal British law.
  • Judicial structure: Judges can be fired in the same way as in India.
  • Written/Unwritten: India has a written constitution, but the UK only has a small percentage of its unwritten constitution covered in writing.

Differences


Constitution: Written/Unwritten:

  • India has a written constitution, but the UK only has a small percentage of its unwritten constitution covered in writing.
  • The UK is a unitary state with a flexible constitution.

Political framework: India is a Republic, whereas the United Kingdom is a constitutional monarchy. In India, the Prime Minister may come from either House of Parliament, unlike the UK, where he must be chosen from the lower House.


Legislative framework:

  • A former speaker does not have a political affiliation in the UK because of the custom that once a speaker, always a speaker. 
  • However, in India, the speaker is still a party member.
  • In the UK, Parliament is the ultimate power whereas in Indian Constitution is superior. 
  • In India, the judiciary effectively regulates the legislature, and there is a complete separation of powers process in place.

Executive: The executive has individual legal responsibility. In India there is no individual legal responsibility.


Amendment to the constitution

  • Because there is no distinction between a constitutional legislation and an ordinary law, in Britain, it can be passed, changed, or repealed by a Simple Majority (50% of the members present and voting) of the Parliament. Both are regarded the same.
  • In India: Clear distinction between the ordinary laws and constitutional amendment act.
  • Amendment can be only initiated by the Parliament.

India – France


Similarities


  • Constitution in writing: Both France and India have written constitutions
  • Amendment procedures: In a manner similar to how modifications in India are made, the French Constitution can be changed with a 60% majority.
  • Republic: Both countries have an elected head of state and are republics.
  • Ideals: In the Preamble of its Constitution, India has taken principles from the French Constitution about liberty, equality, and fraternity.
  • Emergency supplies: Both countries are capable of providing for emergencies.

Differences


    • Political Framework: The President of France has greater authority than the Prime Minister under a semi-presidential system, whereas the Prime Minister of India has more authority under a parliamentary system.
Philosophic elements: The French Constitution makes no mention of legal due process or procedure established by legislation. In contrast to India, which adopted a more principled but imperfect separation of church and state, France adopted a full separation. In contrast to India, which is a federal country, France is a unitary state.Judicial structure: In contrast to France, where the court is significant, India does not involve the judiciary in the conduct of elections. There is no structure like this in India, unlike the French court system, which is separated into judicial courts and administrative courts.Separation of power: Concept of ‘Cohabitation: Unlike in India and the United Kingdom, the French Prime Minister reports to the President. In India no such relation exists between the PM and President.  Indian constitution follows doctrine of check and balances.

CONCLUSION

India's constitution was designed to make the government efficient, fair, and responsible. It ensures government lawfulness. It ensures the government follows the proper legislative process when passing or amending laws.

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