Comparison Of The Indian Constitution With That Of Other Countries
Salient Features of Indian Constitution
The bulkiest constitution of the world
The Indian constitution is one of the bulkiest constitution of the world, comprising of 395 articles, 22 parts and 12 schedules. So far the constitution underwent 100 amendments.
Rigidity and flexibility
The Indian constitution is combination of rigidity and flexibility, which means some parts of it can be amended by the Parliament by a Simple Majority, whereas some parts require a two-third majority as well as not less than one-half of the state legislatures.
Parliamentary System of Government
The Indian constitution provides for a parliamentary system of government, i.e., the real executive power rests with the council of ministers and the President is only a nominal ruler (ARTICLE 74).
Federal system with a unitary bias
The Indian constitution described India as a ‘Union of States’ (Article 1), which implies that Indian federation is not the result of any agreement among the units and the units cannot secede from it.
Fundamental Rights and Fundamental Duties
The Indian constitution provides an elaborate list of Fundamental Rights to the citizens of India, which cannot be taken away or abridged by any law made by the states (Article 12–35). Similarly, the constitution also provides a list of 11 duties of the citizens, known as the Fundamental Duties (Article 51A).
Directive Principles of State Policy
The Indian constitution mentions certain Directive Principles of State Policy (Article 36–51) which that government has to keep in mind while formulating new policy.
Secularism-2/”>Secularism
The constitution makes India A Secular State by detaching from religious dogmas (Forty-second Amendment).
The constitution provides an independent judiciary (Article 76) which ensures that the government is carried on in accordance with the provisions of the constitution and acts as a guardian of the liberties and fundamental rights of the citizens.
Single Citizenship-2/”>Citizenship
The Indian constitution provides a Single Citizenship for all the people residing different parts of the country and there is no separate citizenship for the states (Article 5–11)
Salient features of constitution of united states of America
American Constitution is Written
Like other federal constitutions in the world, the American constitution is written in form. It is a brief document consisting of only 7 Articles and 27 Amendments. Indeed it was a skeleton constitution since the framers of the constitution left the details to be filled in by the Acts of the Congress. It has been adequately clothed with conventions, customs, judicial decisions and legislative measures.
Federal Character
The American constitution is federal in character. America was originally a federation of 13 States but due to admission of new states, it is now a federation of 50 States. A constitutional Division of Powers has been made between the centre and the federating units. The constitution enumerates the powers of the centre and leaves the residuary powers to be exercised by the federating states. The constitution thus creates a weak Centre and because residuary powers have been given to the units. However, in practice, federals centre in American has become very powerful due to the application of the doctrine of “Implied Powers” as propounded by The Supreme Court of the U.S.A.
Rigidity
American constitution is probably the most Rigid Constitution in the world. It can be amended by a very lengthy and difficult process. Because of the complicated nature of the amendment procedure, sometimes it takes years before an amendment becomes operative after it has been proposed. Every amendment, which can be moved in two different ways, must be ratified by 3/4th of the states. The rigidity of the constitution is obvious from the fact that during more than 200 years it has been in operation; only 27 amendments have been made in the constitution.
Presidential System
The constitution provides for the presidential type of government in the U.S.A. All powers are vested in the President. He is elected for a fixed period or 4 years and cannot be removed before the expiry or his tenure. Though the constitution provides indirect election of the President but in practice his election has become direct. The President is not politically responsible to the Congress. He has nothing to do with the Congress. The member of his Cabinet are neither members of the Congress nor answerable to it.
Supermacy of the constitution means the supreme law of the land. Neither the centre nor the states can override it. A law or an executive order repugnant to the constitution can be declared unconstitutional and invalid by; the Supreme Courts.
The U.S constitution is based on the doctrine or “Separation or Powers. Although the three wings of administration, viz the executive the legislative and the judiciary-are inter-dependent ‘and cannot be separate entirely in the interests of good government yet an attempt has been made in the American constitution to separate them as much as possible. The Congress is the legislative organ. The President is the executive who is elected directly by the people and has nothing to do with the Congress. He enjoys a fixed tenure of 4 years and is not a member of the Congress and cannot be removed by the vote of no confidence before the expiry of his term of office. He does not participate in debates, nor can he dissolve the Congress. Both are independent of each other. The Supreme Court heads the Federal judiciary and enjoys freedom in its work.
Salient features of British constitution
Mostly Unwritten and Partly Written
By far the most important feature of British constitution is its unwritten character. There is no such thing as written, precise and compact document, which may be called the British constitution. It was really this aspect of the British constitution that led De Tocqueville to remark that English constitution does not really exist. The main reason for this is that it is based on conventions and political traditions, which have not been laid down in any document. However, it has some written parts too which includes Historical Documents, Parliamentary Statues, Judicial Decisions and Constitutional Characters, e.g. Magna Carta (1215), Petition of Rights (1628), Bill of Rights (1689), Parliamentary Act of 1911 & 1949 etc.
British Constitution is Evolutionary
The British constitution is a specimen of evolutionary development. It was never framed by any constituent assembly. No precise date of its birth can be given and no definite body of persons can claim to be its authors, because it is the product of gradual Growth and development. It has an unbroken continuity of development over a period of more than thousand years. Its sources are several and the course of its development has been sometimes guided by accidents and sometimes by high designs.
Flexible Constitution
The British constitution is a classic example of flexible constitution. It can be passed, amended and repealed by simple majority of Parliament since no distinction is made between a constitutional law and an ordinary law. Both are treated alike. The element of flexibility has length the virtue of adaptability and adjustability to the British constitution. This quality has enabled it to grow with the needs of time.
Unitary
The British constitution has unitary character as opposed to a federal one. All powers of the government are vested in the British Parliament, which is a sovereign body. The executive organs of state are subordinate to it and exercise delegated powers and are answerable to it. There is only one legislature. England, Scotland, Wales etc. are administrative units and not political autonomous units.
Parliamentary Executive
England has a Parliamentary form of government. The King who is sovereign has been deprived of all his powers and authority. The real functionaries are Ministers who belongs to the majority party in Parliament and remain in office so long as they retain its confidence. The Prime Minister and his Ministers are responsible to the legislature for their acts and policies. In this system the executive and legislature are not separated as in the federal form of government
Sovereignty of Parliament
A very important feature of the British constitution is Sovereignty Of Parliament. Parliament is the only I4slative body in the country with unfettered powers of legislation can make, amend or repeal any law it likes. The courts have no purer to question the validity of the laws passed by British Parliament. It can also amend constitution on its own authority like ordinary law of the land. It can make illegal what is legal and legalize what is illegal.
Salient Features of Chinese Constitution
The draft of 1982 Constitution of China was prepared by the Central Committee of the Communist Party of China after prolonged nationwide discussions spread over a span of 2 years. It was officially recognized by the National People Congress (NPC), which met in December 1982. The draft of the Constitution adheres to four cardinal principles namely; adherence to socialist road, to the people’s democratic Dictatorship, to, the Leadership by the Communist Party of China and by Marxism, Leninism and Mao Zedong thought. Chapter 1 of the Constitution of the People Republic of China (PRC) deals with general principles. It has 32 articles in all Following are the main features of the Chinese Constitution. Following are the salient features of Constitution of China:
A Written Document
The Constitution of People Republic of China is written in nature. It is a brief document containing 138 Articles, which comprises of four chapters. Though, it is brief yet it lays down in sufficient detail. The political, social and economic objectives ‘of the regime. It deals not only with the structure of the state machinery but is also embodies a program for future (Its preamble states the goals of the Communist regime in accordance with the basic lines of the Communist Party of China (CPC). According to Article-I of Chinese constitution People Republic of China (PRC) is a socialist state. The Socialist system is the basic system of People Republic of China. No individual or organization is allowed to sabotage the socialist system. This principle is based on the definite ideology of Marxism and Lenin as interpreted by .Chinese socialist leader Mao.
Flexible Constitution
The China Constitution of 1982 is flexible. Article-64 of the constitution declares, “Amendments to the Constitution are to be propose by the standing committee of National People Congress (NPC) and by more than I/5th of the deputies to the NPC and adopted the majority vote of more than 2/3rd of all deputies to the Congress”. Statutes and resolutions are adopted by simple majority of the deputies of National People Congress. In comparison with other rigid constitutions of the world the procedure of amendment in the Chinese Constitution is easier. Thus the constitution is not rigid, but a flexible.
Unitary system
The 1982 Constitution like the previous ones (1954.1975.1978) provides for a unitary system. It provides for the centralization of powers at the Centre. Though there are provinces autonomous regimes and municipalities, but they are given powers by the Central Government, which can be taken always whenever it is so desired.
People’s Republic
Article-II of the Constitution says that all powers in People Republic of China belong to the people, which are exercised through National People Congress and Local People’s Congress. The people administer the state affairs and manage their economic, social and other affairs through various channels in various ways in accordance with law. The People Republic of China is a state of people’s democratic dictatorships led by the working class based on allowance of workers and peasants and rallying all democratic classes and various nationalities within the country.
Democratic Centralism
The Article-III of the constitution lays down that the state organs of People Republic of China apply the principle of democratic centralism. The National People at different levels is instituted through democratic election and responsible to the people. All the state organs are created by the people’s congresses. The division of powers and functions between the Centre and the local state organs is guided by the principle of giving full play to initiative and enthusiasm of local authorities under the unified leadership of central authorities. The government of the People Republic of China is a government of the People’s Congress on the principle of democratic centralism.
Unicameral Legislature
The constitution of the People Republic of China declares that there will be a unicameral legislature to be known as National People’s Congress (NPC). It is the highest organ of the state power and the sole legislative assembly of China. It is repository of all powers and authority in the country and people exercise their powers through it. Its deputies are directly elected by the people.
The Article 33-56 of Chapter II of the constitution give a detail description of the fundamental rights and duties of the citizens. The individual’s rights include right to vote, freedom of religion, freedom of speech, Freedom of Press, Freedom of Assembly, Freedom of Association, freedom of procession and of demonstration. The state also protects the right of citizens and their lawfully earned income saving, house, property and also his right to inherit property. The important duties include to safeguard the unity of the country, to abide by the laws of constitution, to defend the motherland and resist aggression, to perform,
The Indian constitutional scheme is a complex and unique system of government. It is a blend of different political systems, including parliamentary Democracy, Federalism, and secularism. The Indian Constitution is the longest Written Constitution in the world, and it has been amended over 100 times since it was adopted in 1950.
The Indian head of state is the President, who is elected by an electoral college consisting of members of both houses of Parliament and the legislative assemblies of the states. The President has a largely ceremonial role, but can exercise some real power in certain circumstances, such as when the government is unable to function.
The Indian head of government is the Prime Minister, who is appointed by the President and must have the support of a majority in the Lok Sabha (the lower house of Parliament). The Prime Minister is responsible for the day-to-day running of the government and is the leader of the party or coalition that forms the government.
The Indian Parliament is a bicameral legislature consisting of the Lok Sabha and the Rajya Sabha (the upper house). The Lok Sabha has 545 members, who are elected by the people for a term of five years. The Rajya Sabha has 245 members, who are elected by the legislative assemblies of the states and the Union Territories for a term of six years.
The Indian Judiciary is headed by the Supreme Court, which has a chief Justice and 30 other judges. The Supreme Court is the highest court in the country and has the power to strike down laws that it deems to be unconstitutional. The Supreme Court also has the power to hear appeals from lower courts.
India is a federal country, which means that power is shared between the central government and the state governments. The central government has power over matters such as defense, foreign affairs, and currency. The state governments have power over matters such as Education, Health, and law and order.
The Indian Constitution guarantees certain fundamental rights to all citizens, including the right to Equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.
The Indian Constitution also contains a set of directive principles of state policy, which are not enforceable in court but are nevertheless fundamental in the governance of the country. The directive principles include principles such as securing justice, Liberty, equality, and Fraternity; securing adequate means of livelihood for all citizens; and promoting educational and economic interests of the weaker sections of the people.
The Preamble to the Indian Constitution sets out the basic aims and objectives of the Constitution. The preamble states that India is a sovereign, socialist, secular, democratic republic. It also states that India is committed to justice, liberty, equality, and fraternity.
The Indian constitutional scheme has been praised for its flexibility and its ability to adapt to changing circumstances. It has also been criticized for its complexity and for its lack of clarity in some areas. Nevertheless, the Indian Constitution is a remarkable document that has played a vital role in the development of India as a modern nation.
In comparison to other major democratic countries, the Indian constitutional scheme is unique in several ways. First, India is a federal country, while most other major democracies are unitary countries. This means that power is shared between the central government and the state governments in India, while power is concentrated in the central government in most other major democracies.
Second, India is a secular country, while most other major democracies are Christian countries. This means that the Indian government is not officially affiliated with any religion, while the governments of most other major democracies are officially affiliated with Christianity.
Third, India is a developing country, while most other major democracies are developed countries. This means that India faces a number of challenges that are not faced by developed countries, such as POVERTY, illiteracy, and Corruption.
Despite these challenges, India has made significant progress in recent years. The Indian economy is one of the fastest growing economies in the world, and India is a major player in the global economy. India is also a nuclear power, and it has a strong military.
The Indian constitutional scheme has played a vital role in the development of India as a modern nation. The Indian Constitution is a flexible and adaptable document that has allowed India to adapt to changing circumstances. The Indian Constitution is also a unique document that reflects the values and aspirations of the Indian people.
Here are some frequently asked questions about the Indian constitutional scheme and its comparison with that of other major democratic countries:
- What is the Indian constitutional scheme?
The Indian constitutional scheme is a system of government that is based on the principles of democracy, federalism, and secularism. It is a parliamentary system of government, with the President as the head of state and the Prime Minister as the head of government. The Parliament is the supreme legislative body, and the Supreme Court is the highest court of law.
- How does the Indian constitutional scheme compare to that of other major democratic countries?
The Indian constitutional scheme is similar to that of other major democratic countries in many ways. For example, all major democratic countries have a system of government that is based on the principles of democracy, federalism, and secularism. They also have a parliamentary system of government, with a President as the head of state and a Prime Minister as the head of government. However, there are also some important differences between the Indian constitutional scheme and that of other major democratic countries. For example, India is a unitary state, while most other major democratic countries are federal states. India also has a written constitution, while some other major democratic countries have an unwritten constitution.
- What are some of the strengths of the Indian constitutional scheme?
The Indian constitutional scheme has many strengths. One of the most important strengths is that it is a system of government that is based on the principles of democracy, federalism, and secularism. This means that the government is accountable to the people, that power is shared between different levels of government, and that all religions are treated equally. Another strength of the Indian constitutional scheme is that it is a flexible system of government. This means that it can be adapted to meet the changing needs of the country.
- What are some of the weaknesses of the Indian constitutional scheme?
The Indian constitutional scheme also has some weaknesses. One of the most important weaknesses is that it is a complex system of government. This can make it difficult to make decisions and implement policies. Another weakness of the Indian constitutional scheme is that it is a centralized system of government. This means that power is concentrated in the hands of the central government, which can make it difficult for the states to have a say in how they are governed.
- What are some of the challenges facing the Indian constitutional scheme?
The Indian constitutional scheme faces a number of challenges. One of the most important challenges is the problem of corruption. Corruption is a major problem in India, and it can undermine the effectiveness of the government. Another challenge facing the Indian constitutional scheme is the problem of poverty. Poverty is a major problem in India, and it can lead to social unrest. The Indian government is working to address these challenges, but they are difficult to solve.
- What are some of the opportunities for the Indian constitutional scheme?
The Indian constitutional scheme also has a number of opportunities. One of the most important opportunities is the opportunity to grow the economy. India has a large Population and a growing economy, and this presents a number of opportunities for the government to improve the lives of its citizens. Another opportunity for the Indian constitutional scheme is the opportunity to improve education and healthcare. India has a large population, and the government is working to improve education and healthcare for its citizens. This will help to improve the Quality Of Life for Indians and make India a more prosperous country.
The Indian Constitution is based on the principle of:
(a) Parliamentary sovereignty
(b) Federalism
(c) Rule of Law
(d) Separation of powersThe President of India is elected by:
(a) The members of the Lok Sabha
(b) The members of the Rajya Sabha
(c) The members of both the Lok Sabha and the Rajya Sabha
(d) The members of the Electoral College, which consists of the elected members of both the Lok Sabha and the Rajya Sabha, as well as the elected members of the legislative assemblies of the statesThe Prime Minister of India is appointed by:
(a) The President of India
(b) The Vice President of India
(c) The Speaker of the Lok Sabha
(d) The Chief Justice of IndiaThe Indian Parliament consists of:
(a) The Lok Sabha and the Rajya Sabha
(b) The Lok Sabha and the President
(c) The Rajya Sabha and the President
(d) The President and the Vice PresidentThe Supreme Court of India is the highest court in the country. It has:
(a) One Chief Justice and 25 judges
(b) One Chief Justice and 30 judges
(c) One Chief Justice and 35 judges
(d) One Chief Justice and 40 judgesThe Indian Constitution guarantees certain fundamental rights to all citizens. These rights include:
(a) Right to equality
(b) Right to freedom
(c) Right against exploitation
(d) All of the aboveThe Indian Constitution also provides for certain directive principles of state policy. These principles are:
(a) Fundamental rights
(b) Fundamental duties
(c) Directive principles of state policy
(d) None of the aboveThe Indian Constitution has been amended several times since it was adopted in 1950. The most recent amendment was the 104th Amendment, which was passed in 2019.
The Indian Constitution is a living document that has been adapted to meet the changing needs of the country. It is a symbol of national unity and pride.
The Indian Constitution is a remarkable document that has been praised by many scholars and jurists around the world. It is a model for other countries that are seeking to establish a democratic form of government.