Professional Documents
Culture Documents
co
www.gradeup.co
A constitution is a set of rules and fundamental principles according to which a country should
be governed. It is a document that contains detail description of power distribution, citizen
rights and duties of various organization of the government i.e. legislature, executive and
judiciary.
As most of the features of the constitution of India borrowed from several countries. Here
are some of the comparisons of the constitution with other countries:
1. Witten Constitution - A written constitution is a formal legal document defining the nature
of the constitution, the rules that govern the political system, governments and the rights of
the citizen in a codified manner. A written constitution is an absolute must for the rule of law.
2. Flexible or Rigid - A flexible constitution can be changed by simple majority or ordinary law
while a rigid constitution is one which can be altered by a special procedure of amendment.
• India-The Indian constitution is more flexible than rigid as some provision of the
constitution can be amended by a simple majority of parliament but due to regional
parties, it is becoming difficult to amend the constitution as some of the amendment
requires the consent of the half states.
• British- The British constitution is the most flexible constitution as it can be passed,
amended and repealed by a simple majority of the parliament. There is no distinction
between ordinary law and constitutional law. Due to its flexibility, it provided for the
continuation of constitutional monarchy and virtue of adjustability and adaptability
with the growing needs of the time.
• USA- American constitution is the most rigid constitution of the world which can be
amended by congress by a special procedure.
www.gradeup.co
• France- France has some features of the parliamentary system and others of
Presidential type and therefore it is called a semi-Presidential type of government.
French President is directly elected by the people for the for a seven-year term and
there are nominated council of ministers headed by the prime minister.
• Japan – Japan has a parliamentary form of government with some features of the
British form of parliament like Japan has also a constitutional monarchy.
5. The sovereignty of Parliament: The term Sovereignty means Supreme Power. Parliament
sovereignty means parliament has the supreme authority over all other government
institution including judiciary and executive. Parliament is not bound by the written laws of
the constitution. Some democracies have absolute sovereignty while some democracies have
checks and balances through judicial supremacy.
• India- India parliament is not a sovereign body like the British Parliament. Any laws
made by the parliament can be presented to the supreme court for the judicial review
as the supreme court is the custodian of the constitution
• Some of the other countries that have similar features of Judicial Review of the
parliamentary law are USA and Japan.
• British- One of the most important features of the British constitution is the
sovereignty of the British parliament. The British parliament is the only legislative body
with unrestricted power of legislation. It can amend, make or repeal any law without
any question of the validity of the law.
• France- French Constitution has a sovereign parliament with limited powers. The
legislature is clearly subordinate to the executive. Article37 of the French constitution
put a limitation on the legislative power of the parliament.
6. President-
• India- The President of India is the head of the Indian state. He is the nominal head of
the government while the real power is vested with the Prime Minister of India with
the aid and advice of the council of Ministers. Although all the executive actions of the
government are formally taken in the name of the President.
• The USA- The President of the USA holds the real executive power. He is the head of
state as well as head of the government. He is also the commander in chief of the
United States Armed forces. President of USA holds office for a term of 4 years and
can be re-elected twice.
• France- The French President is the most powerful within the French system as well
as amongst all other executives across world democracies. France has PM as well as
President but he is assistant to the President unlike that in India and Britain. The
President is elected for a fixed term of currently 5 years.
www.gradeup.co
7.Citizenship-
• India- The constitution f India provides for single citizenship for all over the country
despite being a federal country.
• British- British citizenship is liberal in the sense that in order to get British nationality
one doesn’t need to renounce his/her citizenship of that country.
• The USA- The American constitution provides for Dual Citizenship. One for the whole
USA and one for the state one belongs to but USA law doesn’t mention dual nationality
or require a person to choose one citizenship or another.
• France and Germany have dual citizenship.
• India- Fundamental Rights are enshrined in Part III of the constitution from Article 12to
35. Fundamental Rights are borrowed from the American Bill of Rights. The
Fundamental Rights guaranteed by the constitution are Right to equality, Right to
freedom, Right against exploitation, Right to freedom of Religion, Cultural and
educational rights and Right to constitutional remedies.
• USA- Fundamental Rights in the USA are absolute not like India where the reasonable
restriction is present.
www.gradeup.co
• Japan have also Fundamental Rights but no such rights are mentioned in Britain
constitution.
Fundamental Duties- Fundamental Duties and rights of the citizen are inseparable and
correlative. The citizen must have some moral and civic duties toward their country.
Originally the Indian constitution does not contain Fundamental Duties. It has been borrowed
from USSR and no major country has Fundamental Duties.
Directive Principle- The constitution of India contains the directive principle borrowed from
the Irish Constitution. The Directive principles constitute a very comprehensive economic,
social and political programme for a modern democratic state. Although directive principles
are not enforceable in nature the state should keep in mind while formulating policies and
enacting laws.
Conclusion
The Indian Constitution has completed more than 70 years of its adoption. For newly
independent nation making of the constitution and entering into force was a challenge for
the framers of the constitution. Several Political scientists had criticized the newly adopted
constitution that this will not be able to run the diversity of the nation and soon will collapse.
But the working of the constitution has stood the test of time and made India one of the
successful and largest democracy of the world.
Practice Questions:
1. India and USA are the world's largest and oldest democracy, respectively, having some
similar constitutional features. What are they? Also, mention how these two democracies
differ in their constitutional setup.
2. Highlight some key differences between Indian and British Constitutional features.