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INDIA AND USA

Attributes USA INDIA

The United States Constitution is the first India's Constitution is the world's longest-
Nature of the drafted and shortest constitution in history. written constitution.
Constitution | ¢ With only seven articles and twenty-seven It consists of 470 articles in 25 parts, 12
amendments, the United States Constitution is schedules, and 5 appendices.
a highly restrictive instrument.
The USA is an unbreakable union of India is an indestructible union of destructible
unbreakable nations. Because the federal states.
government and the states each have their There is only one Constitution in India, and it
own constitutions and do not interfere with forbids the Central government from
each other's operations. interfering with state government operations.
Symmetrical federalism: Equal For example: Reserving state bills for the
Nature of representation for all states in the Senate President's approval, Appointing governors,
federalism under symmetrical federalism. and imposing the President's rule in the states.
o The legislative federation is heavily influenced Asymmetrical federalism: States have been
bythe states. For residual subjects, there is no given representation in Rajya Sabha in
elaborate mechanism provided. accordance with their population.
The Seventh Schedule of the Indian
Constitution divides legislative power between
the federal and state governments. There are
residual rights for the legislature.
e Apresidential system of government in which India now has a parliamentary system of
the electorate chooses the head of state. government.
o The President has great authority and is not The executive branch of the Indian
subject to the House of Congress. government is led by the President of India. He
e The American president's term is four years is indirectly chosen by the state and federal
long, and he is only permitted to serve in that legislatures and is not answerable to the
Government capacity twice. The president has a valid veto. Parliament. The term of office for the Indian
Structure President is five years.
He is eligible to be elected any number of
times. There is no qualified veto available to
the president.
In contrast to the US, the Indian Constitution
does not provide a deadline for the President
to sign a bill.
Impeachment | o Treason, bribery, and high crimes of a In the Indian Constitution, there is a system of
of the misdemeanour are the reasons. impeachment for constitutional violations.
President
A Vice President may become a President The office of the Indian Vice President is
Office of the because of a vacancy in the office of the modelled on the US office, with some
Vice- President. differences.
president e He is the Ex-officio chairperson of the Senate For example he can hold the office of president
and has a casting vote. in case of a vacancy only till the new president
is not elected.
e People in the United States have two India, on the other hand, has a single
Citizenship citizenship: one as a citizen of the United constitution and the principle of single
States and the other as a citizen of their citizenship for all of its people.
respective state.

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It consists of two houses: House of The House of Representatives and Senate are
Representatives and the Senate. very much similar to the Lok Sabha and Rajya
Sabha of India, respectively.
House of Representatives: In India, the executive comes from the
One of the weakest lower houses in the world. legislature and falls under its ambit.
It consists of 435 members. The President is a member of the Union
Representation of people may differ in Executive. However, since the President must
number from different states. act with the support and counsel of the Council
of Ministers, the Prime Minister and the latter
Senate: constitute the genuine executive.
Legislature The body is permanent
The world's most powerful upper house.
Ordinary bills, amendment bills, and money
bills all fall under its jurisdiction.
Senators serve six-year terms. Every two
years, one-third of the members/Senators
leave.
The terms of the Legislature and the Executive
are both fixed and independent of one
another.
A member of the Executive cannot be a
member of the Legislature.
No one's life or freedom can be taken away in A person's life and liberty can be taken away in
the United States without "due process of India according to the "procedure established
law." by law."
Due process refers to the requirement that The phrase "procedure defined by statute”
Fundamental the substance and practice of the law be just, gives the legislature broad discretionary
rights equal, and equitable, as determined by the power to limit liberty.
judiciary.
The legislative power to take away a person's
liberty is restricted, and the judiciary
scrutinises and evaluates it.
The doctrine of separation of powers is In India the executive and legislature are
Checks and enshrined in the US Constitution. tightly interwoven and the judiciary is acting
Balances Through judicial oversight of executive and somewhat independently.
legislative actions, the judiciary keeps an eye
on the other branches of government.
The American Constitution does not use the An emergency may be declared in India if there
term "emergency,” but it does state that the is awar or armed rebellion.
Emergency writ of Habeas Corpus may be suspended in All fundamental rights, with the exception of
the event of rebellion and invasion of public the right to life (Article 21), may be suspended
safety. in an emergency.
Judges are appointed by the President and India, on the other hand, employs a collegium
confirmed by the Senate, and they are method for appointing judges to the higher
removed by the Congress and the President judiciary.
Judiciary by impeachment.
President controls their salaries and
emoluments.
Judges of the Supreme Court are appointed
without regard to any qualifications.
There are two ways to amend the Constitution: India's amendment process is simple and
1. Proposed by the Congress and ratified by the flexible.
States: In India, only the Parliament has the authority
Amendment e Amendment to be passed by 2/3rd to recommend constitutional amendments,
of the majority of both the Houses. and the states have no say in the matter.
Constitution e To be ratified by the State Legislatures of Although some of the Articles may be amended
at least 3/4th of the States. with a simple majority, others require a special
Proposed by States and ratified by the States: majority, and some Articles require ratification
o 2/3rd of the States should pass a by more than half of the States.
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resolution to this effect.

e They will communicate with the
Congress. The Congress will call the
convention.
o In the convention, it has to be ratified by
3/4th of the States.

INDIA AND BR ITAIN

Nature In the UK, there is no formal written Indian constitution is codified into various
constitution. There is no formal or codified parts and schedules.
version of the British Constitution. Indian Constitution, in contrast, is both flexible
It was never framed by a constituent as well as rigid.
assembly. Federal or unitary constitutions are the two
The British Constitution is a flexible types.
constitutional structure. 1. In a unitary system, the centre of power
Since there is no distinction between a wields all of the government's authority,
constitutional legislation and an ordinary with the states acting as its adjuncts.
law, it can be passed, changed, or repealed by 2. The federal constitution establishes a split
a Simple Majority (50% of the members of authority between the states and the
present and voting) of the Parliament. federal government, each of which is
sovereign in its own area.
Thus the Indian Constitution is federal with
unitary aspects, unitary with federal elements,
and quasi-federal in nature.
Nature of The British Parliament, a sovereign body, Federal nature. Powers are shared by the
state has all of the government's powers. national and state governments.
The only legislative body in the nation having Despite the fact that state legislatures exist, the
limitless legislative authority is the British Indian Parliament's legislative ~ power
Sovereignty Parliament. Any statute may be passed, approximately compares to that of the British
of Parliament amended, or repealed by it. Parliament.
The legitimacy of legislation enacted by the Judiciary effectively controls over parliament
British Parliament cannot be decided by the and a complete mechanism of separation of
courts. power exists in India.
It is made up of the Civil Servants Privy An executive is similar except In India, there is
Council, the Permanent Executive of the no individual legal responsibility.
Executive Council of Ministers (CoM), the King and the The Executive is made up of Ministers and
Prime Minister. Bureaucrats.
The executive has individual legal
responsibility.
A constitutional monarchy which is not President is the ceremonial head of the state
incompatible with democracy. and acts according to the aid and advice of the
Nature of The King does not have any discretionary council of ministers.
head of the authority. He/she is referred to as ‘Golden President can be impeached if he or she violates
state Zero.' the Constitution.
King is said to have complete immunity and
is unable to commit any wrongdoing.
The rule of law is protected by the fact that The idea of 'Basic Structure’ has given the
judges can only be dismissed from office for judiciary a powerful instrument with which to
cause, for serious misbehaviour and in stifle any Executive or Legislative activity that it
accordance with a protocol that has been considers to be contrary to the Constitution's
Judiciary developed. basic spirit.
For removal, it is necessary to obtain the Other provisions like appointment and
approval of both Houses of Parliament. removal are very much similar to the UK's
model.

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The British Parliament is divided into two | e Bicameral legislature with fixed seats in both
chambers: the House of Lords, whose houses.
authority is unfixed, and the House of |e The House of Lords is very much similar to the
Commons, whose membership is set at 650. Rajyasabha and the House of Commons is
Legislature Amendments: It may be proposed by the similarto the Loksabha.
House of Lords and approved by them. But it
only has limited authority; if it rejects a piece
of law, it can only delay passage for up to a
year.
Speaker Once a Speaker, always a Speaker is the | ¢ No such provisions/conventions in India. It is
rule in the United Kingdom. It denotes that not necessary for the Speaker to resign from
a Speaker's local constituency is uncontested. his party.
When a person is appointed Speaker, he
formally resigns from his political party.
Prime In Britain, it is customary for the prime [ e PM can be a member of either House of
Minister minister to solely be a member of the House Parliament.
of Commons.
Shadow Shadow cabinet members from the | ¢ No provision for a shadow cabinet.
cabinet opposition party hold a similar portfolio as
the minister.

INDIA AND FRANCE

Attributes France India

It has a unitary form of government and a India is a Parliamentary form of
Nature semi-presidential government. democracy with President as its nominal
head.
The French Parliament lacks dominant law- With respect to law-making on the Central
Law making making. list as per the seventh schedule where the
power The legislature has a list of subjects on which it president has Ordinance making power
should pass legislation, while the President only.
makes the law on the rest of the issues.
The French Parliament is bicameral, consisting Rajya Sabha has Limited power as compared
of two houses: National Assembly and the to Lok Sabha.
Senate. Only in the case of constitutional amendment
Parliament The National Assembly's significantly greater Rajya Sabha is an equal footing with Lok
powers than the Senate's make the French Sabha in India.
bicameral system an unequal one.
The Senate cannot be dissolved.
Follows the rigid principle of secularism: The Indian secularism respects all religions
state does not support religious activities but equally and is the best example of positive
also does not interfere in private religious secularism.
Secularism practices.
It prohibits any visible religious symbols in
public spaces. This model leaves no scope for
the idea of the state-supported religious
reforms.
Both the Houses of Parliament have to pass a Blend of flexible and rigid. No provisions like
resolution by a 3/5th majority. referendums etc.
Amendment So rigid in nature The President may also
choose to refer to the amendment to people by
referendum.
The President is elected for a fixed term (5 No such body in India president’s
years). The President shall be elected by an impeachment follows constitutional
President absolute majority of votes polled (Second provisions and parliament is a bodyto do so.
Ballot system).
The High Court of Justice will enquire about
the impeachment causes of the president.

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e The French Prime Minister is an advisor to the The real head of the government is the prime
President (concept of cohabitation). minister.
e Between the two positions, there is a division of
Prime functions rather than a division of power.
Minister o The French President is in charge of foreign
affairs and domestic issues.
e The PM, on the other hand, is in charge of the
company's day-to-day operations.
Local government and domestic matters
The High Council of Justice nominates the The higher judiciary employs a collegium
judges. method for appointing judges to the higher
Judiciary e The President and members of the judiciary are judiciary.
in charge of this body. Oath is administered by the president and
e The President is also referred to as the the impeachment process completes under
"Guardian of the Judiciary.” the oversight of the Parliament.

INDIA AND CHINA

Attribute China India

e Itis neither too rigid nor too flexible, and it Indian Constitution is a blend of various
closely resembles the former Soviet constitutions of the world and Catering to
Union's constitution. the unique need of India with unique
Nature e The People's Republic of China is a socialist provisions.
country where the Communist Party rules India is a republic and democratic country
as the supreme authority over the populace with multi-party democracy and people are
under the guise of a people's democratic counter of power.
dictatorship.
e A strong unitary state. There is a strong Under Constitution, Amendment Acts of 1973
central government, but regional and 1974 power is delegated to local bodies
Unitary /Federal governments as distinct bodies have not been for effective policy formulation at the grass
established by the Constitution. root level.
The original constitution provided a Federal
structure with strong unions and separation
of power between states and union
governments.
e One Party System. Communist Party is Multiparty democracy with a strong
Nature of regarded as the sole source of political election commission.
politics authority for all practical purposes.
e Under the constitutional framework, the It states the nature of Indian democracy with
traditional theory of Democratic its ideal and aim along with the source of
Preamble Centralism has also been given due power and the nature of the constitution.
consideration.
e The Preamble expressly acknowledges
Taiwan as an integral part of China.
o The legislative branch is represented by the The legislature is bicameral and various
National People's Congress (NPC). With over committees exist and are formed from time
3000 members, itis a unicameral legislature. to time whose work is to complement the
Legislature e The actual work of the NPC is handled by a work of the Legislature and executive but
smaller body known as the Standing there is no provision of such a strong
Committee of the NPC, which has about 150 Central body like the standing committee of
members. China.
e China's executive branch, or cabinet, is called The real executive is the Council of
the State Council. Ministers headed by the Prime Minister.
Executive e The Premier, four Vice Premiers, and State It is accountable to the lower house of the
Council members serve as its leaders. Parliament.

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Elected by the Congress for a period of five e President is the nominal head of the
years and regarded as the head of the state. executive elected for five years and can be
The President and Vice-President had a two- elected for any number of times.
term limit until 2018.
President . In March 2018, the National People's
Congress passed a constitutional amendment
repealing presidential term limits, enabling
the incumbent president and vice president
to serve indefinitely.
All People's Republic of China residents over e Six fundamental rights are provided under
Fundamental the age of 18 have the legal right to vote, to the constitution(Part 3) and along with
Rights and run for office, and to enjoy other rights DPSP(Part 4) and fundamental duties(Part
Duties including equal pay for equal labour and 44), it gives wholeness to the idea of
others. democracy.
A dedicated judiciary, or one that is o The Judiciary is integrated and hierarchy
committed to the cause of Socialism, exists in starting from the district level to Supreme
China. The highest body is the Supreme Court, in one thread.
People's Court. Additionally, China maintains o The laws are codified under CrPC and IPC,
Judiciary a Court of Procuratorates that handles cases further constitution provides the power of
of official corruption. Judicial review under Article 13 32 (Supreme
Chinese law has never been systematically Court) and 226 (high courts). The judiciary is
codified. Conventions, rather than rules, have independent of the Executive and legislature.
kept the Chinese judicial system together.

INDIA AND JAPAN

Attribute Japan India

e The Constitution ensures a parliamentary Both have a written constitution.
form of government and a number of basic India has a flexible and rigid constitution,
liberties. compared to Japan's rigorous one.
Nature e According to its provisions, the Emperor of e A unitary state is provided for by the
Japan serves as "the symbol of the State and Japanese Constitution.
of the unity of the people" and performs only
ceremonial duties without having any formal
authority.
e The Diet, which comprises the House of The Parliament is the highest legislative body in
Representatives and the House of Councillors, both countries.
has legislative authority. The No-Confidence motion caused the House to
Legislature be dissolved, much like in India.
Members of Japan's Upper House serve six-year
terms, and each year, half of the members leave
the chamber.
e The Emperor, under the direction of the Diet, In Japan ministers are appointed by the Prime
appoints the Prime Minister, who serves as Minister but in the case of India it is appointed
Executive the head of the executive branch. by the President on the advice of the PM.
e He must be both a civilian and a member of
one of the Diet's houses.
e The Supreme Court and lower courts are given Japan and India share comparable laws
judicial authority. Japan is typically regarded in regarding the appointment, removal, and
Judiciary academic studies as a constitutional fixed retirement age of judges.
monarchy with a civil law system. The Diet appoints judges; however, there is no
function for Parliament in India.

INDIA AND SOUTH AFRICA

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Attributes About

The Republic of South Africa is described as a democratic and independent nation in Section
Nature of the 1 of the South African Constitution.
South African Itrests its moral principles on universal adult suffrage, human equality, dignity, non-racism, the
Constitution advancement of human rights, and non-sexism. It also supports a multi-party system, the rule
of law, and fair elections.

The process through which amendments are put into effect after receiving a two-thirds vote in
Borrowed from SA Parliament.
Constitution Rational representation is used by the State Legislatures to choose the Rajya Sabha's
members.

The words "We the People” are the first words in the "Preamble” of the constitutions of both
countries, signifying that the people are sovereign and that the constitution derives its power
from them.
Under the Indian and South African constitutions, respectively, the Fundamental Rights and Bill
Similarities of Rights serve as the cornerstones of the legal system and democracy.
Both give the State some latitude in its efforts to improve the lot of the weak and marginalised.
Similar to the South African constitution, a two-thirds majority in parliament is required to
modify some provisions of the Indian constitution.

In India, the right to vote, which is mentioned in the Bill of Rights, only has the status of a
statutory/legal right; it is not considered to be one of the fundamental rights.
The 44th Constitutional Amendment relocated the rightto property, which is included in the
Differences Bill of Rights, from Part I1I of the Constitution to Article 3004, reducing it to the status of a legal
right.
The Bill of Rights' inclusion of the right to information is exclusively a legislative right in India.

PREVIOUS YEAR QUESTION

1. Analyse the distinguishing features of the notion of the Right to Equality in the Constitutions of the USA and India.
(2021)
2. What can France learn from the Indian Constitution’s approach to secularism? (2019)

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