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Comparison of Constitution
FEATURE INDIA UK USA

Written/
Written Unwritten Written
Unwritten

Flexible/
Both Flexible Rigid
Rigid

Unitary / Federal with

Unitary Federal
Federal unitary bias

Parliamentary
Parliamentary Parliamentary Presidenti
/ Presidential

Supremacy Supremacy
Sovereignty Supremacy of
of of
of Parliament Parliament
Constitution Constituti

Republic / Constitutional
Republic Republic
Monarch Monarchy

President Ceremonial Ceremonial Executive

Fundamental
Yes Yes Yes
Rights

United Kingdom
Sources of Constitution:
Convention: Their importance lies in the fact that
Fundamental principles like Parliamentary sovereignty and
Ministerial responsibility to the parliament are regulated by
conventions.

Important Convention:
Pairing Convention: If a member of the majority party is
absent on any working day, the whip will ask one of the
members in opposition also to be absent.

Mandate Convention: The Government will not legislate

any legislation of controversial nature without specific
mandate from the electorate.

The Money bill will be initiated in the House of commons.

Charters: Charters define and regulate the powers of crown

and rights of citizens. Important charters are:

Bill of Rights: Provided a list of rights and declared

Parliament as supreme law-making body.

Magna Carta: Prohibited the imposition of certain taxes

without the consent of the Great council.

Statutes: The British parliament is fully empowered to

repeal or amend these statues whenever it likes.

Important Statues are:

Parliament acts of 1911: – It curtailed the power of House

of Lords and permanently established the supremacy of
House of commons.

RPA 1918: – Guarantees Right to vote to women as well.

Common Law: The system of law which is based on judges’

decisions and on custom rather than on written laws. It
originated with the legal reforms of King Henry II in the 12th
century and was called “common” because it applied
equally across the whole country. The doctrine of binding
precedent, whereby courts follow and apply the principles
declared in previous cases decided by more senior courts,
known as “courts of record”, is also known by the Latin
expression “stare decisis”. The common law includes both
substantive rules, such as the offence of murder, and
procedural ones, such as court procedure rules derived
from the inherent jurisdiction of the court.

Nature of the Constitution/Salient

Features
1. Unwritten:

One of the most important features of the British

constitution is its unwritten character. The main reason
for this is that it is based on conventions and political
traditions, which have not been laid down in any
document, unlike a written constitution, which is usually
a product of a constituent assembly.

Indian Constitution, in comparison, is the lengthiest

written constitution in the world.

2. Evolutionary:

It is said that the British Constitution is a product of

wisdom and chance. It has evolved gradually, expressing
itself in different charters, statues, precedents, usage
and traditions. The British constitution has not
undergone any sudden transformation at specific times.

The Indian Constitution has certain similarities as well as

differences on this particular aspect. It differs from the
British Constitution to the extent that it is a written
document and has well defined provisions.
 However, it too is open to evolution, given that the
provision of an amendment is kept such, so as to allow
for the Constitution to evolve according to the needs
and sensibilities of the time.

3. Flexibility:

The British constitution is a classic example of a flexible

constitution. It can be passed, amended and repealed by
a Simple Majority (50% of the members present and
voting) of the Parliament, since no distinction is made
between a constitutional law and an ordinary law. Both
are treated alike.

The element of flexibility has provided the virtue of

adaptability and adjustability to the British constitution.

Indian Constitution, in contrast, is both flexible as well as

rigid. This compliments the basic ideology of the Indian
Constitution quite well, wherein certain features like
Sovereignty, Secularism, and Republic et al have been
held sacrosanct, but otherwise the Constitution is
amendable.

4. Unitary vs. Federal Features:

The British constitution has a unitary character as

opposed to a federal one. All powers of the government
are vested in the British Parliament, which is a sovereign
body.

Executive organs of the state are subordinate to the

Parliament, exercise delegated powers and are
answerable to it. There is only one legislature. England,
Scotland, Wales etc. are administrative units and not
politically autonomous units. The Indian Constitution, on
the other hand, is federal.

5. Sovereignty of Parliament:
 The British Parliament is the only legislative body in the
country with unfettered power of legislation. It can make,
amend or repeal any law. Though in India’s case, we have
legislature at state level too, yet the law-making power
of the Indian Parliament roughly corresponds to that of
the British Parliament.

The courts have no power to question the validity of the

laws passed by the British Parliament. The British
Parliament may amend the constitution on its own
authority, like an ordinary law of the land. It can make
illegal what is legal and legalize what is illegal.

Here, there is a marked difference, vis-à-vis the power of

the Indian Judiciary to keep a tab on the legality of the
law framed. Also, the ‘Basic Structure’ doctrine, lends the
Indian Judiciary further power to question the legality of
the law, in light of the fact that the Supreme Court of
India is the highest interpreter of the Constitution of
India.

6. Rule of Law:

According to Dicey, there are three principles of Rule of

Law, found in Britain.

Protection from arbitrary arrest and the opportunity to

defend oneself.

Equality before Law: All persons are equal before law,

irrespective of their position or rank. Equality before Law
is different from the concept of Administrative Law,
which gives immunity of various types to public servants.
In the absence of the Constitution and Fundamental
Rights in Britain, the judiciary protects this law. So, this
system is called the Principle of Common Laws (in the
USA – Principle of Natural Law; in India – the Maneka
Gandhi case).

The rights of people in Britain are guaranteed by the

judiciary. The Judiciary gives recognition to the common
 laws. Thus, the people in Britain enjoy rights, even in the
absence of a Bill of Rights or Fundamental Rights.

7. Blend of Monarchy, Aristocracy and Democracy: – The

British king represents Monarchy which rested on
hereditary principles. The House of Lords is Aristocracy,
representing Lords and nobles and House of common is
democracy representing the people of England.

Structural Understanding
The House of Common:

The UK public elects 650 Members of Parliament (MPs)

to represent their interests and concerns in the House of
Commons. MPs consider and propose new laws, and can
scrutinise government policies by asking ministers
questions about current issues either in the Commons
Chamber or in Committees.

The UK is divided into 650 areas called constituencies.

During an election everyone eligible to cast a vote in a
constituency selects one candidate to be their MP. The
candidate who gets the most votes becomes the MP for
that area until the next election.

General elections

At a general election, all constituencies become vacant

and a Member of Parliament is elected for each from a list
of candidates standing for election. General elections
happen every five years.

If an MP dies or retires, a by election is held in that

constituency to find a new MP for that area.

Most MPs are members of one of the main political

parties in the UK – Labour, Conservative, Scottish
National Party or Liberal Democrat. Other MPs represent
smaller parties or are independent of a political party.
 To become an MP representing a main political party a
candidate must be authorised to do so by the party’s
nominating officer. They must then win the most votes in
the constituency.

The House of Commons is the effective legislative

authority in Great Britain. It alone has the right to impose
taxes and to vote money to, or withhold it from, the
various public departments and services.

The Prime Minister is appointed by the monarch. The

monarch’s appointment of the Prime Minister is guided
by constitutional conventions.

The political party that wins the most seats in the House
of Commons at a general election usually forms the new
government. Its leader becomes Prime Minister.

THE HOUSE OF LORDS

Composition: 760 members:

– 646 Life Peers appointed by Crown on the advice of the

Prime Minister.

– 25 archbishops and bishops.

– 92 Hereditary Peers (Including 2 Women).

The House of Lords appointment commission was

established in 2000. It is independent and separate from
the House of Lords.

The Appointments Commission recommends individuals

for appointment as non-party-political life peers. It also
vets nominations for all life peers, including those
recommended by the UK political parties, to ensure the
highest standards of propriety. Members can be
suggested by the public and political parties. Once
approved by the prime minister, appointments are
formalised by the King.
 Members of the House of Lords spend a lot of their time
considering draft government bills before they become
law. However, any proposed amendments to legislation
must also be agreed by the Commons. Its primary
function is therefore as a ‘revising’ chamber, asking the
Commons to reconsider its plans.

US CONSTITUTION
PHILOSOPHICAL UNDERSTANDING
The present Federal government of the U.S.A came into
being in the year of 1789. The United States comprised
thirteen colonies of Great Britain. In the year 1776, these
colonies at the Atlantic Coast rebelled against the mother
country and became independent in 1783. During this
period the revolted colonies established the “Articles of
Confederation” as the first constitution in 1777. However,
this system could not last very long.

There was no separate common executive nor was there

any independent judiciary. An effective central government
was the fundamental need of the hour. A convention for the
purpose of framing the constitution was convened at
Philadelphia in 1787. Thus the constitution was framed
based on this convention and was signed by the delegates
on September 17, 1787. This constitution came into force in
1789. since then, it has undergone many changes, one of
them being the increase in the number of states from 13 in
1787 to 50 at present.

The Preamble to the United States Constitution: As the

phrase, “we the people” suggests that the new government
originates from the people of the United States, and it sets
into motion a question as it pertains to that vast population
concerning the individual rights and equality among all
people; this can be seen most broadly in the divide
between republicanism and social democracy.
Nature of the constitution/Salient Features –

1. Popular Sovereignty: Attributes ultimate sovereignty to

the people and substitutes constitutional system of
government for arbitrariness.

2. Rigidity of the constitution: Consisting of only Seven

Articles and twenty-seven amendments, so far.

3. Doctrine of dual ship: In respect of its Constitution and

citizenship. It has two Constitutions, one, for America as
whole and another for each State. American people have
two citizenships, one of the USA and another of their
respective State. On the other hand, India has one
constitution and concept of single citizenship for every
citizen of the country.

4. Separation of Power with checks and Balances:

The President can veto the bills passed by the Congress.

The Senate shares with the President his powers of
making appointments to the various federal offices and
conclusion of treaties with foreign States.

All such treaties must be ratified by two-thirds majority

in the Senate. Through this power, the Senate controls
the internal administration and external policy of the
President.

The organisation of judiciary is determined by the and

the judges of the Supreme Court are appointed by the
President with the consent of the Senate.

The Supreme Court can declare the laws passed by the

Congress and executive action taken by the President
ultra vires.

In this way, the three organs of the Government have

been interlocked and interchecked.

5. Spoil system: Two specific types of spoils systems

emerged over the next few years. Cronyism is the
 practice of rewarding one’s friends with political
positions. Nepotism is the practice of giving those
positions to family members. an act known as Pendleton
Act (1883) was passed to put a stop to this system.
Henceforth, about 80% of such offices were to be filled
through competitive examinations. Thus Spoils System
persists only in 20% cases.

6. Federal system

Cooperative Federation (India):

Dual Federation (USA) –
Interdependence of Centre and
both the Centre and
State Govt. Neither of them is
State are completely
independent of the other.
independent, they are
Centre usually has the role of
complete governments.
big brother.

Centrifugal Federalism Centripetal Federalism

Asymmetrical Federalism:•
Symmetrical States have been given
Federalism: All states representation in Rajya Sabha
are given equal on the basis of their
representation in population.• Articles 370, 371
Senate. provide special provisions to
few states.

USA is a Legislative
India is an Executive
Federation. This means
Federation. This means that
that States have
states are important at the
dominance in law
executive level only.
making.

USA is an
India is an indestructible union
indestructible union of
of destructible states.
indestructible states.

USA constitution There is no such provision for

provides a role to states in the Indian
states in ratifying the Constitution.
 international treaties
through the Senate.

STRUCTURAL UNDERSTANDING

“The first Article of the American Constitution states: “All

legislative powers herein granted shall be vested in a
Congress of the United States which shall consist of a
Senate and House of Representatives.” Thus the Congress
is the main legislative organ of the American Government
and is bicameral in its composition.

The House of Representatives is the lower house within

the US Congress and has the following characteristics:

435 voting members representing districts

One member per congressional district

Members serve two year legislative terms

Elections occur every even year

Members elected by a plurality in most states (also

known as First past the post)

Louisiana, Washington and California employ a two-

round runoff voting system

The number of persons representing each state

depends upon its population as reported in the
Nation’s decennial census counts. Each state is
divided into congressional districts accordingly.
There is a Representative for every congressional
district and every state has at least one congressional
district.

In order to be elected to the House of Representatives

one must be at least 25 years old by the time one takes
the oath of office, a citizen of the U.S. for at least seven
years, and a resident of the state from which one is
 elected. These qualifications were established in
Article I, Section 2 of the Constitution.

Senate:

The Senate is a small body of only 100 members. Each

State sends two representatives irrespective of their
population or area.

The President of the Senate is the Vice-President of the

United States, but he or she may vote only in case of a tie
vote. In practice, the Vice-President does not often
preside over sessions of the Senate.

Senators are elected in State-wide elections. In 48

states, Senators are elected by plurality vote: the
candidate receiving the most votes is elected, even if
that candidate receives less than a majority of the votes
cast. In two States, Georgia and Louisiana, the winning
candidate must receive a majority of the votes cast. If
there are three or more candidates and none of them
receives a majority vote, there is a second election
between the two candidates who received the most
votes. The candidate who receives a majority of votes
cast at the second election is elected.

Term of office: The term of office for a Senator is six

years. The terms of Senators are staggered so that the
terms of approximately one-third of Senators expire
every two years. Elections to fill those Senate seats
coincide every two years with elections for all members
of the House of Representatives and, every four years,
with the election of the President. The terms of office for
Senators are fixed. Neither house can be dissolved, and
the dates for congressional elections are established by
law.

Criteria for eligibility: 30 years of age citizen of the

United States for at least nine years; resident of the State
from which he or she was elected.
 Incompatibilities: Holding of any civil office under the
authority of the United States

The Senate, like the House of Representatives, is the sole

judge of the election and qualification of its members.

FRANCE
Philosophical Understanding
Nature of the Constitution

1. A Unitary State: Like the UK, France is a unitary state. The

powers have been vested with the central government.
The local governments derive their powers from the
central government rather than the Constitution.

2. Provision of Administrative Law and Administrative

Courts: France parades equality before law for all
citizens but in actual practice Administrative law exists
for the civil services. The civil servants can be sued only
in specially constituted administrative courts where
administrative law exists. For ordinary citizens ordinary
courts have been provided.

3. Popular Sovereignty: Article 2 of the Constitution

declares France as an indivisible, Secular, Democratic
and Social Republic. National sovereignty belongs to the
people, who shall exercise this sovereignty through their
representative by means of referendum.

4. Separation of legislative and Executive Branch: The PM

may choose his cabinet colleagues. None of the
members of the Govt. can be a part of the legislature

5. Amendment of the Constitution

Rigid process

Both the Houses of Parliament have to pass a

resolution by 3/5th majority.
 The President may also choose to refer the
amendment to the people by referendum.

6. The Constitutional Council:

The Constitutional Council exists to determine the

constitutionality of new legislation or decrees.

It has powers to strike down a bill before it passes into

law, if it is deemed unconstitutional, or to demand the
withdrawal of decrees even after promulgation.

The Council is made up of nine members, appointed

(three each) by the President of the Republic, the leader
of the National Assembly, and the leader of the Senate,
plus all surviving former heads of state.

7. Semi Presidential System: The French President deals

with foreign policy and national concerns. The PM, on the
other hand, deals with day-to-day routine functions of
the Government and local domestic issues. The PM is
appointed by the President. The President doesn’t have a
completely free-hand in the PM’s election. The person
appointed as PM must enjoy the confidence of the
House.

Structural Understanding:
Like other Parliaments of top democracies of the world,
the French Parliament is bicameral. The French Parliament
under the Fifth Republic consists of two Houses, namely
the National Assembly and the Senate.

The National Assembly is the lower and the popular

Chamber whereas the Senate is the Upper Chamber.
Unlike the British monarch the French President is not a
component part of Parliament.

The Constitution makes no mention of the system of

election. It only says that the Deputies of the National
 Assembly shall be elected by direct suffrage while the
Senate will be elected by indirect suffrage.

The number of members, their emoluments, the

conditions of eligibility and ineligibility and the offices
incompatible with membership of the Parliament have
been determined by Organic Acts.

In 1950, when the Constitution was inaugurated the

National Assembly consisted of 552 members. However,
after Algeria attained Independence the membership
was cut down by 85. Its membership came down to 468.
However, at present the assembly comprises 577
members.

Tenure of the House:

The tenure of the Assembly has been fixed by organic
law. Its tenure as at present is 5 years. It can be dissolved
earlier. Article 12 vests this power with the President.
However, he can dissolve the Assembly on the request of
the Prime Minister.

For electing new assembly general elections have to take

place not less than 20 and not more than 40 days after
the dissolution. The Constitution also lays down
specifically that no new dissolution take place during the
year following the new elections There cannot be two
dissolutions in one year.

Election:
Any of the voters who is 21 years of age or more can
contest elections.

It is elected through two ballot systems in single

member constituencies. The candidates have to obtain
an absolute majority of the votes cast in the first ballot
and a simple majority in the second ballot. The
representation is on the basis of one seat for 93,000
population unit. However, this goes varying.
 However, government employees, Army personnel and
employees of nationalized industries cannot contest
elections as per law of the land.

There are two peculiarities of electoral system – (i) 2nd

Ballot systems. If no candidate secures absolute
majority, those getting less than one-fourth of the votes
are dropped out and second ballot is held and a person
getting absolute majority is elected. (ii) Every candidate
contesting election nominates a substitute as well. The
victory of the candidate means victory of the substitute
too. In case of death of candidate substitute takes his
place.

The Senate consists of representatives of the territorial

entities of the Republic. Thus, its membership of 321 which
was to increase to 346 in 2010 is divided between
metropolitan France, overseas departments, overseas
territories and the French citizens living abroad. The
metropolitan seats are 255 in number which are distributed
on the basis of department. (The department is a local unit
like municipal committee in India).

Each electoral college composed of (i) the local

parliamentary deputies: the members of the departmental
councils; and representatives of the municipalities
according the size of the various municipal councils.

Fundamental Rights and its Cause for Revolt of 1857

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