(Polity) Comparison of Indian Constitution With That of Other Countries

8/10/2019 (Polity) Comparison of Indian Constitution With That of Other Countries

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1 www.visionias.in VISION IAS

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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23 i i i i VISION IAS

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

(Polity) Comparison of Indian Constitution With That of Other Countries

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