Comparing the Indian Constitution with other Constitutions
Comparing Indian Constitution with others:
The forefathers of the Indian Constitution intelligently borrowed various best practices from the experience gained in working of various other Constitutions. It is well recognised that the Constitution of India is borrowed from the various working Constitutions.
The United States is the oldest democratic country of the world and its constitution was made in 1789.
- Comparison of Indian Constitution Vs British Constitution: The British Constitution had immense impact in many respects such as
- Constitutional head of State
- Lower House of Parliament (Lok Sabha) is more powerful than the Upper House;
- Responsibility of Council of Ministers towards Parliament;
- Parliamentary system of Government , and
- Prevalence of Rule of Law.
UK, US and India countries are labelled as democratic countries of the world. Whereas India was the Colonial state of the United Kingdom till 1947 and the Indian Constitution came into force in 1950. But constitution of United Kingdom is very different.
UK is a monarchial government, without a codified constitution unlike the US and India. The UK Parliament can make any law or amendment by simply passing it by majority and then send to the monarch for his assent. Unlike India and the USA, the UK does not have a federal structure but the unitary setup of government.
The British parliament has the power to change and amend the constitution by the ordinary process of legislation. In contrast to the UK, the constitution amendment has an important place under the written Constitution like that of the US and India. Its importance increases where the system is Federal. In Federal system, additional safeguards like the involvement of Legislatures at the state level, are also provided for with a view to ensure that the Federal set-up does not get changed only at the will of the Central Legislature.
2. The US and Indian Constitution: The Constitution of the United States had influenced Indian Constitution in many ways such as
(i) Preamble of the Constitution
(ii) Provision of Fundamental Rights
(iii) Functions of the Vice-President
(iv) Amendment of the Constitution
(v) Nature and functions of the Supreme court
(vi) Independence of Judiciary
Major difference between the two constitutions is that India has a prime minister as the head of the government, whereas the U.S. Constitution has a president for that role. The PM in India works on the legislative as well as executive branch, whereas the US president only works in the executive branch. Under the Indian Constitution, the head of state is the president while the actual head of the government is the prime minister. The prime minister and his cabinet has political power, while the president has nominal powers.
Other major difference involves the number of terms a president can run. In America, a president can serve a maximum of two terms, while in India a president and prime minister can serve an unlimited number of terms. The term of office in the USA is 4 years, whereas the same in India is 5 years.
Both constitutions also differ in power. In the United States, Constitution it makes clear that all the branches of government are equal in power, but in the Indian Constitution, the legislative branch has absolute independence, meaning that it is supreme to the executive and judicial branch. The Indian Constitution makes it mandatory that ministers in the Indian government which are senior members of the executive must also be members in the legislature, whereas the U.S. government does not permit members of legislature to hold office in the executive.
The Constitution of India is longer than the U.S. Constitution, with 395 articles and 12 schedules, while the Constitution of the United States of America only has 7 schedules. In the Indian Constitution, although all the branches can put effective checks on each other to make sure either is not abusing their power, but the Supreme Court is the main branch that checks the power of the two other branches. In the United States Constitution, that power is divided equally among the three branches.
The Constitution of India is not the result of an agreement between the States, while the American Constitution is an agreement between the states. While the central government in India can alter the features related to names and territories of the states at its will, this can not happen in the USA without the consent of the state. This is why the USA is known as an indestructible union of indestructible states, and India is known as an indestructible union of destructible states.
Other major difference involves the number of ministers in India sent to the Parliament, which is depended on the populace of the state, compared to the number of representatives sent to the Senate, which is an equal amount from each state.
In the Indian Constitution, there are the same basic criminal and civil laws in the whole country. But in the American Constitution, there are different criminal and civil laws for every state. There is no principle of equality between each state in India, while in the USA there is a principle of equality between each state, irrespective of its population.
The Supreme Court of India has been given very broad powers, including powerful civil and criminal authority, while the Supreme Court in America has not been given such broad powers.
A key difference between the two constitutions is the way the amendments are conducted. In India, no referendum is needed for a proposal to become an amendment.If a majority of the members of Parliament (2/3) agree to the amendment, then it is can become an act. In the United States Constitution, consent of the people is needed before an amendment is passed and put into action.
In the American Constitution, all the states that are linked with the Federal Government have their own constitutions to control their own authority. In India, all the states associated with the Indian Union owe their commitment only to the Indian Constitution and do not have their own constitution, while each state is empowered to pass their own laws. Although the erstwhile state of J&K had its own constitution, it is no longer into effect.
In India, the Lok Sabha or the Lower House is more influential than the Rajya Sabha or Upper House and its members are directly elected by the people. Whereas in the U.S, the House of Senate or the Upper House is more powerful than the Lower House. A member of the Rajya Sabha is indirectly elected, while a member of the Senate is directly elected.
A judge in the U.S. can hold his position for life, while in India a High Court and a Supreme Court judge retires at the age of 62 and 65, respectively. The United States Constitution has only been amended 27 times between the period 1989 and 1992, compared to the Indian Constitution, which has so far been amended 104 times since it came into force in the year 1950. The process to amend the Indian Constitution is easier since it involves more types of procedures in which an amendment could be put into action.
There are some key similarities between the two models of government. Popular sovereignty is one of the most important similarities. A quote from the Constitution of India that represents popular autonomy is “We, the people of India… in our constituent assembly… do here by adopt, enact and give to ourselves this constitution”. It highlights that the decisive power lies with the people and they are the main source of power of the constitution.
Another conjecture that is mirrored in both constitutions is the separation of powers. There are legislative, executive, and judicial branches, each having its different and yet equally important duties.
Both constitutions have provisions to amend the constitution to fulfil the increasing social, political, and economic needs and demands of their countries. They are both the biggest democratic countries in the world and their political structure is based on federalism.
They both have federal governments to which many states have been acceded. In both countries, the federal government can override a law enacted by the states. They both followed Montesquieu’s theory of division of labour and separation of powers.
3. Comparison of Indian and Australian Constitution: The Indian Constitution, like that of Australia, espoused the federal arrangement and the creation of a judicial branch completely independent of the other branches of government. Judicial review, to keep all recipients of pubic power within the Constitution and other applicable laws was faithfully imitated.
Australian Constitution gave a long list of concurrent powers and the procedure for solving deadlock over concurrent subjects between the Centre and the States. The technique of resolution of disputes between the centre and the states has also been taken from Australia (Article 251) by the Indian Constitution.
4. Comparison of Indian and Irish Constitution: The Irish Constitution gave India the Directive Principles of State Policy and the method of nominating members of the Rajya Sabha.
The system of election of President of India through specially constituted Electoral College has been drawn from Irish constitution. Representation of ability (nominating people having special abilities) in the Rajya Sabha (maximum 12) has been borrowed from the Irish Republic.
5. Comparison of Indian and Weimar Constitution of Germany: The Weimar Constitution of Germany had its impact upon the powers of the President. The Emergency powers vested with President of India are on the pattern of similar powers conferred on the President of German Republic according to Article 48 of Weimar constitution of Germany.
Nonetheless, these powers were later battered by Hitler when he came to power and assumed dictatorial authority. In India, also emergency powers are said to have been badly treated during the Prime Minister ship of Mrs. Indira Gandhi. These emergency powers led to a remark from when integrated in the Indian Constitution led a member of the Constituent Assembly, Mr H V Kamath, to remark “It is a day of shame, God save the Indian people.”
6. Comparison of Indian and Canadian Constitution: India has opted for Federal structure of Government on Canadian pattern. Like Canada, India has made centre more powerful. Indian Federal structure is termed ‘Quasi-federal’ i.e., Federal with unitary bias’. Canadian Centre is very influential, so is the case with Indian Union government.
Special powers have been accorded to the Union government for meeting all possible eventualities.The division of subjects between the centre and the units and provision of lists is to a great extent on Canadian lines. The Canadian constitution provides for lists of legislative powers, central and provincial. The residuary powers have been given to the centre.
7. Comparison of Indian and South African Constitution: The procedure of amendment with a two-thirds majority in the Parliament and the election of the members of the Rajya Sabha on the basis of proportional representation by the State Legislatures have been borrowed from South Africa.
8. Comparison of Indian and Japan Constitution: In India, a balance between Parliamentary sovereignty and judicial supremacy has been maintained on the pattern of constitution of Japan. The law-making procedure laid down in the Indian Constitution has also been significantly influenced by the constitution of Japan.
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