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Introduction
The constitutions of India and the UK, despite emerging from different historical and political contexts, share some foundational principles due to India’s colonial past and its inheritance of several British administrative and legal traditions. However, they diverge in numerous ways due to the distinctive socio-political requirements of each nation.
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Similarities between the Constitutions of India and the UK
Parliamentary System:
Separation of Powers:
Judicial Review:
Fundamental Rights:
Differences between the constitutions of India and the UK
Aspect | Constitution of India | Constitution of the UK |
Codification | Codified: The structure and functions of the Parliament are explicitly mentioned in the Constitution, from Articles 79-122. | Uncodified: The UK doesn’t have a single written constitution. The functions and powers evolve from statutes, conventions, and legal precedents. |
Role of Head of State | Ceremonial: The President has a largely ceremonial role, with real powers exercised by the Council of Ministers. | Mixed: The Monarch, though ceremonial, has “Royal Prerogatives” that can be exercised, though they are largely symbolic and conventional in the modern age. |
Separation of powers | It explicitly enshrines the doctrine of separation of powers, maintaining a clear distinction between the three organs – Executive, Legislature, and Judiciary | Unwritten and uncodified, drawing from statutes, conventions, and judicial decisions, with some overlaps in powers. |
Judiciary’s Role and Independence | The Indian Judiciary is completely independent and is not a part of the Parliament. The Constitution ensures that the Judiciary operates without influence from the other two branches | Historically, the Judiciary in the UK was not entirely distinct from the Legislature. The House of Lords, which is part of the Parliament, also acted as the highest appellate court in the country |
Judicial Review-Origin | Explicit: Granted by the Constitution itself under Articles 13, 32. | Evolved: Developed through cases like Entick v Carrington (1765) and got solidified with the Human Rights Act 1998. |
Judicial Review-Scope | Comprehensive: The judiciary can review both legislative and executive actions against any part of the Constitution. | Limited: Traditionally, the UK judiciary could only review administrative actions for legality but post the Human Rights Act, they can declare a law incompatible with the Act. |
Fundamental Rights- Nature | Justiciable: As per Articles 12-35, citizens can approach the courts if their rights are violated. | Non-Justiciable: Before the Human Rights Act, rights were based on common law and were not enforceable. The Act now makes certain rights enforceable. |
Fundamental Rights-
Amendments |
Difficult: Fundamental rights can be amended, but they should not violate the “basic structure” of the Constitution, as laid out in the Kesavananda Bharati case. | Easier: Being uncodified, rights can be added or modified through simple parliamentary statutes. |
Conclusion
Overall the constitutions of India and the UK are rooted in similar democratic principles, their operational mechanisms vary significantly due to historical and political contexts. While both have been successful in ensuring the democratic functioning, they offer different lessons in the interplay of parliamentary governance, judicial interpretation, and individual rights.
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