Comparati arative st Fat ea . Constitution. udy of Indian and USA e American coe etre Of Amoriéan afd Indian Constitution lengthiest Gonetiatcn © shortest. and secor.d oldest, where as India's is the convention held oy (nthe. Universe, The US. orattihart ras fiaized. in to ratify for the enferrtn®, September 17 1787 which required minim 9 States and Constitution oecoment: By the end of July 1788 eleven States had ratified Constitution originally Put into operation on 13" September 1788. American Articles by way of anvenamene mony seven. and_added 27 more rics by way of amendments The Indian Co Twas actually pat nto 1950, Originally india eembet 1949 but officially adopted on 26" January schedules. and 29 maccrettution consisted 395 Articles in 22 parts wih 8 Schedules, Author of we NOW consists 448 Articles in 22 parts with 12 the US and Indie Conca aitile has tried to analyze the dissimilarity between in respect of Conertitution. America has adopted the doctrine of dual ship forAmnericg oo whorattution and citizenship. It has two Constitutions, one two atibererio one and Second one for each State. American people have ship, one of USA and another of their respective State. India has | hiptorits ontite people. | suet one constitutiun and one citize: Nature of the Constitution American Constitution is described as truly federal Constitution because it was ratified by 50 Independent States. Further, federal si | have their own Constitution and does not interfere acer cacnathed Gacthecaviidie gon te tennaey interfere with function of each other. Say aera 9° pendence, most of the States in India were ly the rule of government of India and other few, sovereign States were forced to join the Indian Constitution. We have one Constitution in which ee federal government interferes with functions of State government in the form of appointment of governors, governor reserving the States bill for the consent of President and central government power to impose the president rule in the States which makes the State government subordinate to the central government. Because of all these reasons the constitutional intellectual are not unanimous in holding the Indian Constitution is federal. Sum jurist also say itis neither unitary nor federal but “quasi-federal’ Constitution, Nature of Democracy. Americahas adopted the Presidential form of democracy in which the executive President is directly elected by the people who is powerful and not accountable to House of Congress. American President Term is 4 years, he can hold the office of the President for only two terms: and only natural citizen of US can become the President, and not a person who has acquired the citizenship. President can appoint his own staffs who are neither member of House of Representative or Senate in assisting the administration of government who are also not accountable to the House of Congress. It means that President is independent in the aciministration of government and directly responsible to the people ‘of USA. India was under the rule of British at the time of independence and this influenced us to adopt the democracy of Parliamentary System of Common legal system. President of India is executive head of Indian government who is indirectly elected by the legislators of central and states and not accountable to the Parliament Scanned with CamScannerBer Ve Veats, h Acquired. F, ye Should be Ofthe Reottther, he can pact Zen of India aha citzenship might\be natural t Voto pas tent by the legisiay tod {°C any number times. The impeachment The tndien ‘gislator is only similarity of both Constitutions. in President is Act on the advice nt = Called as puppet or rubber stamp because he has to his isnot 60. ines uN Of Minster who are accountable to Parliament jUdgment more- Beet of the US President. He can call shots on his own himself but not tne pe Subordinate staff appointed by him is accountable to return the bill pascen ose of Congress, US President has explicit power to Gaetothe onthe ey eh e ne ‘of Congress with objections otherwise he Biauiian ralrié'the bin cies days excluding Sundays. If President does not Bateecreen cs ti 0 days the bill is deemed to be law. When both Be Ce cit en re senou achen end pastes sip same bill with Beene. “ey ecome the law without the signature of the Sarees ee ing 2/3 majority by either Democratic or Republic party at same period is remote possibility that's why the American President power of rejection is called veto power and makes him real and powerful executive President. Inindia too the President has power to send back the bill to Parliament for reconsideration. When the Parliament has reconsiders the bill and passes with simple majority the President has no option but sign the bill. The Prime Minster and his Cabinet always enjoys the simple majority except in co: government so it would not be major hurdle for Prime minster and his cabinet to get the signature of the President for ine bill. Hence Indian President is called a puppet. Unlike US, the Indian Constitution does not prescribe the time limit for signing the bill by President Therefore he can keep the bill without signing for indefinite period under the disguise of consideration which can frustrate the Prime Minster and his cabinet. Obviously the question arises whether India's President implied negative power of veto is more powerful than the USPresident’s explicit positive power of veto Date of Retirement and Oath. Unique feature of US Constitution is that it has prescribed the date and timing of the retirement of outgoing President and Members of the Congress. The terms of President and Vice President shall end at noon on the 20" day of January in which their term would have ended. It means that the New President and Vice President shall take oath of the office on 20” January at noon of their first year of office. The election of the President and Vice president are held in the month of Novembe: and in the same month results are announced. Thus Americans are informed much earlier to their new President, Naturally, the question is how this time schedule is maintained. In case of President's death, resignation, or impeachment occurs the Vice President shall become the President for remaining period. In this way duration of President is kept intact and next elected President takes oath on the schedule date. In India, if President dies or impeached, or submits resignation, the Vice President becomes the President till the fresh election are held and new elected President holds the office for full term of five years. Hence the time schedule of American system cannot be maintained. The Members of the Representative and Senate terms comes to end on 3"January. America's House of Representative and Senate are permanent Body. Entire world holds the American democracy in high esteem because of its impeachable of holding elections on time fixed schedule. In India, during ws SoA Dyno gvenh, anREMe Scanned with CamScannerand sui Taseg uS9eSt the Pr; tring Le" Political eqn a co" 1 Holt tho ection at appropriate tine Separation of power r. US Constitution has stricth inves meted by the Locke ae iGhered 10 the doctrine of seperation of power House of Congress cn lonotosque, 18" century political philosopher. Supreme Court merry tte, aw and Prusident executes the Tew and ‘ Making power meets tie aw. American President has no privilege of law : Senate BY core ver he neler membet of House of Representative not power to ein vato power and equally not_eontiming aw making f Frayrehesteskfent, ie Congress contals Presidents are vice tarea Jn this Sec. paved intained. Theoretically we say that doctrine of Seperation of power 's adopted in oUF Gonsttuton, But not so, Prime ’ uncil Ministers are real executive of Indian government ecause the President has to act on the advice of Prime Minster and his Colleague. Prime Minster and Council of Ministers are from the majority party in the Parliament. Therefore, they have dual capacity, one, in capacity of executive and another in the capacity of law maker. Prime Minster in the capacity of leader of the ruling party, enacts a law which is convenient for his administration. Prime Minster and his Council Ministers enact the law and execute the same which is blatant violation of doctrine of separation of power Human Rights. America has incorporated the “Bill of Rights” and india “Fundamental Rights’ into their Constitution. American Constitution has provided the additional human rights which are not in the Indian Constitution. Freedom of press is explicitly provided under the 1* amendment of the US Constitution, in India it is impliedly read under the Article 19[1] [a], freedom of speech and expression Petition to the Supreme Court is fundamental right in India, where as in US itis petition to the government. The world “government’ gives wider meaning Covering not only higher judiciary even the executive also ‘American people have the right to keep the arms and guns for the protection of their life and property which is provided under 2" amendment. Therefore, the guns and arms are sold like commodity in US without legal hassles, where as in India it is totally contrast because it is not fundamental right and moreover itis highly regulated legal right. Vth amendment of US Constitution guarantees that the accused will be tried for criminal offence with system ‘of “Grand Jury’, in India criminai trials are adjudicated by the judges only. Grand Jury means ‘common people are selected by the governm= t randomly representing the community, those will decide the guilt of the accused persons. Number of selected persons varies from 6 to 12 or even more if the case is controversial. rson’s life and liberty shall be deprived without “due process’ of law in dure of law must be just, fair, Due process means the content and proce m jitable which will be decided by the judiciary. Legislative power of rson liberty is restricted and scrutinized and evaluated by the i fia the person’s life and liberty shall be deprived according to lure established by law. The world “procedure established by law’ gives retionary power to the legislator to restrict the liberty. Nevertheless, Court in Menaka Gandhi case, even though the court did not use cess, it held that the procedure established by law must be uitable. Indian Parliament deleted the right to property from the ental Rights in 1978. ‘Where as in US the right to property is still dono. nroneny, shall. be pyirod witha le Scanned with CamScannerOf legal sly me Counsel of hi Lettloned inthe Sts choice. All these sights in india are Poh bas ther the yout by broadly inte , nonetheless these rights are provided ‘accused, the le Vill amendment of eee the life and liberty under Article Shall not oe MPsed fine should nok says tha the bail shall not be denied to Jal Ret be cruel. These rghts ate al xcessive and inflicted punishment zaulse of well established Iso made available to Indian people Peer rc cblshicd precoderis prone unced Baile ‘Supreme Court Beetrer ese ina rocco ‘of USA Constitution is most important Ree Gierrctn cs San lee rights in the Constitution Beoslepintzaiscar the evden! esos rahi relained by the American BRROeHiecUhEn are oven Srynanian the Constitution people enjoy the influenced by the Locke's creer eee Conastution ts On heb traigtioonstnuton idose hy 9 inalienable natural rights of human pi NS ec iene not contain such notable Article, therefore ly those rights recognized by the Constitution which is based on the philosophy of Austin and Bentham theory of law. Distribution of Legislative Power. exe: ree ot Indian Constitution distributes the legislative power CE hee pial ae State governments. The Central and State Govern nt oxchelis power te make laws on the 97and 66 matter | ate list respectively. On the 47 matter of Concurrent ist both Central ard State can mal-e law. in case of conflict taws the law of Central would prevail 97" matter of Union list says any surfaced new matter Which is not in any other list would confer power to Parliament to make law. Our constitution makers have created strong Central and weak State governments which depend upon the financial assistance of the Central government. It is contrast theory in US, where there is no elaborative Mechanism is provided. Few expressly mentioned matters are with the federal and rest of the matters with State governments. Therefore in America the States are financially stronger than Federal government. Emergency and Suspension of Writs. In India the emergency can be declared on the ground of War, Aggression of War, and Armed Rebellion. During such emergency all fundamental rights except the right to life can be suspended. American Constitution does not use the phrase of emergency but says that in case of Rebellion and invasion of public safety the wrt of Habeas Corpus can be suspended. Judiciary. In America the President has final say in the appointment of Supreme Court Judges. He suggests the names of judges to Senate and with advice and consent of Senate, judges are appointed by the President. Judicial committee ‘of Senate plays very significant role in ‘evaluating the cardinals of the proposed judges of the Supreme Court. They make the investigation of the background ‘of judges, they hold the face to face interaction with judges, the judges are queered and grilled and questions are put. The whole process happens in public and in transparent manner. The citizens of US has any information about judges integrity, they can send the information with evidence to the Senate Judicial Committee which will make the further investigation and make ; sure that no unworthy candidate will be appointed as judges to the Supreme } Court. In the appointment of Judges the people of US also participates and the judiciary of US has no role to play in the appointment of judges. The entire pro of appointment of judges is crystal clear. Judges of US holds the aeaae nf annointment of iudaes hanne: —— = fr lifetime In India tha entire nro Scanned with CamScanner6 f judges. President appoints j lecommendation of the Prime Mn Cp Pane Rea fe te f i Is in the backyard and under the carpet without involvement of the people which is serious flaw of the Indian oe System. Judges holds the office up to the age of 65 Amendment of Constitution, Amendment of US constitution is ve is easy and flexible. According t majority can proposes for amendi Ty rigid and complicated; in case of India it lo V Article House of Congress with 2/3 iment of the Constitution. States can make application for calling convention for amendment of Constitution with support of more than 2/3, the convention shall be called and proposed amendments shall be valid. In US both House of Congress and States have power to amend the Constitution. The amended Constitution has to be ratified by more than 3/4 States to take effect. The Stares have very decisive and vital power in validating the every amendment of the Constitution. In India, it is only Parliament can propose for the amendment of the Constitution and States do not have role to play anything in this matter. Some of the Articles can be amended with simple majority, special majority and in some limited Articles with ratification by rnore than half of the States. Majority means maiovity of the Member of the Parliament present'on the date of amendment not in relation with total strength of the Member of Parliament. The fact that US Constitution amended only 27 times in the last < 25 years shows how rigid it is to amend the Constitution. Indian Constitution amended more than 95 times in the last 60 years proves how easy to amend the Indian Constitution. Scanned with CamScanner