Q. Brief about the similarities and differences between the Indian and the USA constitutions. Illustrate with examples. (15 M, 250 Words)

Answer:

How to approach the question

  • Introduction
    • Write about the Indian and the USA constitutions briefly 
  • Body 
    • Write the similarities between the Indian and the USA constitutions 
    • Write the differences between the Indian and the USA constitutions
    • Write what India can learn from the US constitution
  • Conclusion 
    • Give appropriate conclusion in this regard  

 

Introduction      

The Indian and the USA constitutions, foundational to the world’s largest democracy and world’s oldest existing democracy respectively, are significant texts that govern the political, legal, and social frameworks of their respective nations. While both embody the ideals of democracy, liberty, and justice, their historical contexts and governance structures have shaped differences in their form and content. 

Body

Similarities between the Indian and the USA Constitutions:

  • Written Constitutions: Both have written constitutions, delineating the principles and structures governing their nations. E.g.: India has the world’s largest written Constitution, while the US constitution is one of the world’s oldest written constitutions.
  • Federal Structure: Both practice federalism, wherein powers are shared between central and state entities. E.g.: While India’s Seventh Schedule segregates the Union, State, and Concurrent Lists, the US Constitution divides powers between the Federal government and the States. 
  • Bill of Rights: Both countries enshrine essential citizen rights. E.g.: The USA’s Bill of Rights consists of the first ten amendments to its Constitution. In contrast, India’s Fundamental Rights, spanning Articles 12 to 35, protect citizens from the state’s arbitrary actions.
  • Judicial Review: Both countries entrust their judiciary with the power to interpret laws in line with constitutional principles. E.g.: Cases like “Marbury v. Madison” in the USA and the “Kesavananda Bharati case” in India solidified the judiciary’s role in constitutional interpretation.
  • Bicameral Legislature: Both have a two-house legislative system. E.g.: While India has the Lok Sabha (House of the People) and Rajya Sabha (Council of States), the USA comprises the House of Representatives and the Senate.
  • Republics: Both are republics, meaning the head of state is an elected representative. E.g.: Presidents in both nations—whether India’s President Draupadi Murmu or the USA’s President Joe Biden—are elected, emphasizing their republican nature.
  • Preambles: Both constitutions commence with preambles, elucidating their fundamental ideologies. E.g.: India’s Preamble starts with “We, the people of India…“, resonating with the USA’s Preamble, which begins “We the People…

Differences between the Indian and the USA Constitutions:

Aspect Indian Constitution USA Constitution
Length and Detail India’s Constitution is the world’s lengthiest written constitution, comprising detailed provisions for various aspects. E.g.: The Indian Constitution now has 448 articles in 25 parts, 12 schedules, and 105 amendments The US Constitution is concise, allowing for broader interpretation and adaptability. E.g.: The US Constitution has seven Articles and 27 Amendments. 
Fundamental Rights India has specific rights that can be suspended during emergencies. E.g.: Article 19, ensuring freedoms like speech and expression, can be curtailed during emergencies. US citizens’ rights cannot be suspended, with few exceptions like the suspension of habeas corpus in specific situations. E.g.: The First Amendment protects freedom of speech, press, and assembly with strong consistency 
Amendment Procedure Relatively flexible, allowing Parliament to amend by a two-thirds majority. E.g.: The Indian Constitution has been amended over 100 times since its adoption. More rigid, requiring approval by two-thirds of both Houses and ratification by three-fourths of State legislatures. E.g.: The US Constitution has seen 27 amendments since 1787.
Federalism India practices a quasi-federal system with a strong central government. E.g.: Residuary powers lie with the Union (Article 248). The USA follows a more clear-cut federal structure with states having significant autonomy. E.g.: The 10th Amendment reserves all powers not delegated to the federal government for the states. 
Secularism The term “Secular” is explicitly mentioned in the Preamble. India ensures equal treatment of all religions and prohibits discrimination.  The US doesn’t explicitly label itself secular; the First Amendment ensures state-religion separation.
Directive Principles Contains Directive Principles of State Policy, which are guidelines for governance. Articles 36-51 guide the state to ensure socio-economic justice.  No equivalent of Directive Principles. Policies are largely determined by elected representatives.
Election of President The President is indirectly elected by an Electoral College. The Indian President is elected by the Electoral College consisting of elected members of Parliament and state legislators The President is indirectly elected through an Electoral College where citizens vote for electors.
Duration of the Houses The Lok Sabha (Lower House) is elected for 5 years, while the Raja Sabha (Upper House) is permanent with one-third members retiring every 2 years. The House of Representatives (Lower House) serves for 2 years, while Senators (Upper House) serve for 6 years.

 

Conclusion

While the Indian and US Constitutions serve as guiding beacons for modern world democracies, they also offer invaluable lessons to each other. Drawing from the US Constitution’s strengths can provide India with valuable insights, but any adaptations must also consider India’s unique socio-political landscape.

 

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
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Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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