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TOPIC: COMPARISON OF INDIAN CONSTITUTION (GS: PAPER III)
Section A Introduction
Section B Political Systems around the World
Section C Salient features of constitution of various
democratic countries
Section D Borrowed Features of Indian Constitution
Section E Comparison of Indian Constitution with that of
others
Section F Conclusion
Section G Model Questions
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SECTION A: INTRODUCTION
If men were angels, no government would be necessary. If angels were to govern
men, neither external nor internal controls on government would be necessary. In
framing a government which is to be administered by men over men, the great
difficulty lies in this: you must first enable the government to control the
governed; and in the next place oblige it to control itself.
The above statement defines the importance and need of a constitution for a country !
constitution is the hi"hest law of a country and reflects the fundamental principles on which a
system of "overnment and administration of a country is based
The term constitutioncomes throu"h French from the #atin word constitutio$ used for
re"ulations and orders$ such as the imperial enactments
! constitution is a set of fundamental principles or established precedents accordin" to which
a state or other or"ani%ation is "overned These rules to"ether ma&e up$ ie constitute$ what the
entity is
! constitution of a country needs to reinvent itself to &eep pace with the "lobal chan"es 'ence$
comparative analysis "ains importance in this respect 'owever$ before "oin" into the details of
that$ a cursory "lance at various political systems in the world needs attention
SECTION B: POLITICAL SYSTEMS ACROSS THE WORLD
(arious Political systems prevalent across the world are e)plained below*
+ Dictatorshipis a form of "overnment in which the ruler is an absolute dictator ,not
restricted by a constitution or laws or opposition from the people-
. Democracyis the "overnment by the people$ e)ercised either directly or throu"h elected
representatives
/ Republic is sli"htly different from a democracy and is a "overnment in which supreme
power resides in a body of citi%ens entitled to vote and is e)ercised by elected officersand representatives responsible to them and "overned accordin" to law
0 Anarchy is the absence of "overnment1 the state of society where there is no law or
supreme power1 a state of lawlessness1 political confusion
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From the above diagram, it can be inferred that comparison of Indian constitution with other de
like USA,U, !apan, France, Russia and "ermany will serve the purpose of comparative analysis#
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SECTION C:SALIENT FEATURES OF THE CONSTITUTIONS OF VARIOUS
DEMOCRATIC COUNTRIES
Constitution of USA
The 2nited States of !merica is a federal republic consistin" of fifty states and a federal district
Main features of its constitution are*
+ $residential Democracy3President is the head of state and head of "overnment
. Federal System3It is a federal state that emer"ed from an initial a"reement between a
numbers of separate states
/ %he &onstitution and the Rule of 'aw3In the 2nited States$ the Constitution is 4&in"45nly
laws passed throu"h the mechanisms established by the Constitution are valid
Furthermore$ any law that is inconsistent with the limitations$ structures or principles
established by the Constitution is considered$ by definition$ invalid
0 %he Separation of $owers and &hecks and (alances3!nother prominent feature of the 2S
Constitution is its scheme of separated powers The Framers were well aware of the need to
preserve liberty while establishin" order with the new Constitution
Constitution of UK
The 2nited 6in"dom of 7reat Britain and 8orthern Ireland$ commonly &nown as the 2nited
6in"dom ,26- and Britain$ is a soverei"n state located off the north3western coast of continental
9urope The country includes the island of 7reat Britain$ the north3eastern part of the island
ofIreland and many smaller islands
The 26:s form of "overnment is a constitutional monarchy with a parliamentary system and
its capital city is #ondon It consists of four countries* 9n"land$ Scotland$ Wales and 8orthern
Ireland
Characteristics or features of the 26 constitution*
+ The Constitution is not ;written: in the sense of havin" a sin"le document definin" the
powers of "overnment and ri"hts of individuals 8evertheless many sources of
constitutional law are written and these to"ether with the non3le"al rules ma&e up the
British 7overnment
. The constitution is fle)ible and based on continuity of development
/ In the absence of a written constitution havin" the status of fundamental$ or hi"her law$
the concept of Parliamentary soverei"nty$ or le"islative supremacy represents the
cornerstone of the constitution
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0 There is no strict separation of powers between the e)ecutive$ le"islature and The 2nited 6in"dom is a unitary$ as opposed to a federal state
? The le"islature is bicameral in nature
@ The
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. The constitution establishes a semi3presidential system$ resemblin" the French system
but with stron"er e)ecutive power$ due to the increased independence of the president
in comparison to the French model
/ The President of the ussian Federation holds primary power in the ussian political
system The President$ who is elected for a si) year term ,followin" the.@
!mendments to the constitution-$ is the head of state and the Supreme Commander3in3
Chief of the !rmed Forces of the ussian Federation
0 The constitution prescribes that the 7overnment of ussia$ is the e)ecutive branch of
state power and is consistin" of a prime minister ,chairman of the 7overnment-$ deputy
prime ministers$ and federal ministers and their ministries and departments
= The le"islatureEs innate chec&s and balances are reflected in the ability of the Federal
Council to e)amine and subseuently revise or re states
Salient Features of its constitution are*
+ The Basic #aw for the Federal epublic of 7ermany ,7erman* 7rund"eset% fGr die
Bundesrepubli& Deutschland- is the Constitution of 7ermany It was approved on @ May
+A0A$ and$ with the si"nature of the western !llies of World War II on +. May$ came into
effect on ./ May
. Basic ri"hts are fundamental to the Basic #aw$ in contrast to the Weimar Constitution$
which listed them merely as 4state ob
The
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? Basic #aw may be amended by an absolute two3thirds ma
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The Constitution of India consists of a preamble$ .. parts and +. schedules !lthou"h it is
federal in nature it also has a stron" unitary bias
$artsThe individual !rticles of the Constitution are "rouped to"ether into the followin" Parts*
Part I J 2nion and its Territory Part KI J elations between the 2nion and the
States
Part II J Citi%enship Part KII J Finance$ Property$ Contracts and
Suits
Part III J Fundamental i"hts Part KIII J Trade and Commerce within the
territory of India
Part I( J Directive Principles of State Policy Part KI( J Services under the 2nion$ the
States
Part I(! J Fundamental Duties Part KI(! J Tribunals
Part ( J The 2nion Part K( J 9lections
Part (I J The States Part K(I J Special Provisions elatin" to
certain Classes
Part (II J States in the B part of the I
schedule
Part K(II J #an"ua"es
Part (III J The 2nion Territories Part K(III J 9mer"ency Provisions
Part IK J The Panchayats Part KIK J Miscellaneous
Part IK! J The Municipalities Part KK J !mendment of the Constitution
Part IKB J The Cooperative Societies Part KKI J Temporary$ Transitional and
Special Provisions
Part K J The scheduled and Tribal !reas Part KKII J Short title$ date of commencement$
!uthoritative te)t in 'indi and epeals
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Schedules
Schedules are lists in the Constitution that cate"ori%e and tabulate bureaucratic activity
and policy of the 7overnment
Fi!t Sc"e#$%e,!rticles + and 0- 3 This lists the states and territories of India
Secon# Sc"e#$%e,!rticles =A,/-$ >=,/-$ ?=,>-$ A?$ +.=$ +0@,/-$ +=@,/-$ +>0,=-$ +@> and ..+-3 J
This lists the salaries of officials holdin" public office$
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SECTION D: BORROWED FEATURES OF INDIAN CONSTITUTION
Indian constitution has assimilated various features from other countries into its domain which
imparts it a special character
Followin" are the borrowed features of constitution from different countries
From 26 8ominal 'ead J President ,li&e Queen-
Cabinet System of Ministers
Post of PM
Parliamentary Type of 7ovt
Bicameral Parliament
#ower 'ouse more powerful
Council of Ministers responsible to #owe 'ouse
Spea&er in #o& Sabha
From 2S
Written Constitution 9)ecutive head of state &nown as President and his bein"
the Supreme Commander of the !rmed Forces
(ice3 President as the e)3officio Chairman of a
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SECTION E: FEATURES OF INDIAN CONSTITUTION COMPARED WITH OTHER
COUNTRIES
1. Written Constitution
A written constitution is a formal document defining the nature of the constitutional settlement,
the rules that govern the political system and the rights of citi)ens and governments in a codified
form#
India3Written and lon"est &nown constitution
USA3Written ItEs a product of +?@? constitutional document and subseuent
amendments$ the con"ressional statutes$ e)ecutive orders$
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!apan* i"id3 euires special process*
o The amendment shall be initiated by the diet Such a proposal must be passed by
a ma
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$. %ype of Go&t '(arliamentary &)s (residential*
In a parliamentary form of govt e+ecutive is responsible to legislature for its policies and acts# In
presidential form of government the e+ecutive is completely separated from the legislature and is
not accountable to legislature#+ India*The constitution of India provides for a parliamentary form of "ovt both at the centre
and in states The parliamentary system of 75I is lar"ely based on the British parliamentary
system
Principles of parliamentary "ovt of India*
o 8ominal and eal e)ecutives* President is the nominal e)ecutive and prime
minister is real e)ecutive
o Ma
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o In Britain ministers are appointed by &in"ueen but in apan by PM
o Britain3PM canEt remove ministers but in apan PM can remove
o Britain3!ll ministers must be members of parliament$ in apan only ma
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who may be appointed or elected by the $rime 2inister or the populace at large respectively7
depending on the constitutional arrangements and essentials#
A constitutional monarchy is a form of government established under a constitutional system
which acknowledges a hereditary or elected monarch as head of state#
Republic &ountries3India$ 2S!$ France$ 7ermany$ ussia
&onstitutional 2onarchy3 26$ apan
/. (resident
+ India* The President of India is the nominal head of state of the epublic of India
The real e)ecutive bein" council of ministers headed by Prime minister 'eShe has to
e)ercise his powers and functions with the aid and advice of council of ministers headed
by PM,!rt =/$ ?0$?=-
The President is indirectly elected by the people throu"h elected members of
the Parliament of India ,#o& Sabha and a
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concludin" treaties with forei"n powers$ with the advice and consent of the Senate The
president is further empowered to "rant federal pardons and reprieves$ and to convene
and ad
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dual nationality or reuire a person to choose one citi%enship or another !lso$ a person who
is automatically "ranted another citi%enship does not ris& losin" 2S citi%enship 'owever$ a
person who acuires a forei"n citi%enship by applyin" for it may lose 2S citi%enship In
order to lose 2S citi%enship$ the law reuires that the person must apply for the forei"n
citi%enship voluntarily$ by free choice$ and with the intention to "ive up 2S citi%enship
/ U3When becomin" a British citi%en one does not need to "ive up your present citi%enship
or nationality to become a British citi%en5ne will not normally lose British nationality if
heshe becomes a citi%en or national of another country
0 France3Dual citi%enship has been permitted since +A?/ Possession of one or more other
nationalities$ does not$ in principle$ affect the French nationality
= "ermany0Dual citi%enship is allowed under certain circumstances
>
Australia* With effect from 0 !pril ..$ there are no restrictions ,under !ustralian #aw- on!ustralians holdin" the citi%enship of another country
. Fundamental Ri"ts 3 4irecti&e (rinciples and Fundamental 4uties
Fundamental Rights
+ India0 Indian constitution has certain fundamental ri"hts modelled on !merican Bill of
i"hts But unli&e 2S! fundamental ri"hts in india are not absolute and hence "ovt can
impose reasonable restrictions on them Whether the restrictions are reasonable or not is tobe decided by the courts
The si) fundamental ri"hts reco"nised by the constitution are*
i"ht to euality$ includin" euality before law$ prohibition of discrimination on
"rounds of reli"ion$ race$ caste$ se) or place of birth$ and euality of opportunity in
matters of employment$ abolition of untouchability and abolition of titles
i"ht to freedom which includes speech and e)pression$ assembly$ association or union
or cooperatives$ movement$ residence$ and ri"ht to practice any profession or
occupation ,some of these ri"hts are sub
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Cultural and 9ducational ri"hts preservin" i"ht of any section of citi%ens to conserve
their culture$ lan"ua"e or script$ and ri"ht of minorities to establish and administer
educational institutions of their choice
i"ht to constitutional remedies for enforcement of Fundamental i"hts
. USA0 The Bill of i"hts lists specifically enumerated ri"hts The Supreme Court has e)tended
fundamental ri"hts by reco"ni%in" several fundamental ri"hts not specifically enumerated
in the Constitution
9# Similarly the constitution of 2SS and apan also "uarantees certain fundamental ri"hts But
there are no such rights enumerated in the constitution of "reat (ritain#
Fundamental duties
+ India0 Fundamental duties have been ta&en from 2SS 8o other ma
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Directive principles
The constitution of India contains certain directive principles ,Part 0- which confer no
which deals with
:9mer"ency Provisions:
There are three &inds of provisions accordin" to the Constitution*
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o 8ational 9mer"ency
o State 9mer"ency39arlier it was misused uite often but with
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Co$nt+ In#i, U- USA R$!!i, .,/,n
Fe,t$e
Witten1Un*itten
Con!tit$tion
Written 2nwritten Written Written
F%e'i2%e1Ri)i# Both Fle)ible i"id i"id i"id Unit,+1Fe#e,% Federal with
2nitary Bias
2nitary Federal Federal 2nitary
P,%i,0ent,+1Pe!i#enti,%
De0oc,c+
Parliamentary
Democracy
Parliamentary
Democracy
Presidential
Democracy
Semi
Presidential
Parliamentary
Democracy
So(eei)nt+ o& P,%i,0ent Supremacy ofConstitution
Supremacy of
Parliament
Supremacy
of
Constitution
Supremacy of
Constitution
Re/$2%ic1Mon,c" epublic ConstitutionalMonarchy
epublic epublic Constitutional
Monarchy
Pe!i#ent Ceremonial 9)ecutive 9)ecutive
Indirect 9lection Direct
9lection
Direct
9lection
D$,% Citi3en!"i/ 8ot reco"nised eco"nised eco"nised eco"nised 8oteco"nised
F$n#,0ent,% i)"t! es 8o es es es
D$e Poce!! o&
L,*1Poce#$e e!t,2%i!"e#
2+ L,*
Procedure
established by
#aw
ule of #aw Due Process
of #aw
Procedure
9stablished by
#aw
%a!le8 Summary of Comparison of &arious features
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SECTION F: WOR-ING OF INDIAN CONSTITUTION: ANALYSIS (Conc%$!ion)
The wor&in" of the constitution has stood the test of the time but certain recent developments
such as fra"mented polity$ rise of re"ional political parties and "overnments formed by re"ional
parties in the states$ for e" in Tamil 8adu$ Bihar$ W Ben"al etc has posed new challen"es for thecentre3state relations Similarly$ the advent of coalition "ovt post late +A@Es has raised certain
uestions for which constitution provides either ambi"uous answers or no answers at all
Considerin" the comple)ities and hu"e uantum of the tas& of modern day "ovt and chan"in"
nature of Indian politics there is a need to review and amend the constitution Some of the areas
in which chan"es are reuired are*
+ 9li"ibility of le"islators* Those candidates facin" corruption and criminal char"es should not
be allowed to contest the elections
. Freuent disruptions of parliamentary sessions have become the norm of the day Minimum
hours for which parliament have to wor& should be incorporated in the constitution
/ Chan"es in civil services rules to ensure impartiality and neutrality
0 The fundamental ri"hts under part III of our constitution too need to include many of those
ri"hts that have developed over a history of various
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SECTION G: MODEL 4UESTIONS
+ Indian constitution is a borrowed constitution Discuss
. Indian constitution is a slavish imitation of the westE Do you a"ree 7ive reasons
with e)amples
/ Inspite of borrowin" ma