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Q. Analyse the similarities and differences between the constitutions of India and the UK, focusing on the parliamentary system, separation of powers, judicial review and fundamental rights. (10 M, 150 Words)

Answer:

How to approach the question

  • Introduction
    • Write about the constitutions of India and the UK briefly 
  • Body 
    • Write similarities between the constitutions of India and the UK
    • Write differences between the constitutions of India and the UK
  • Conclusion 
    • Give appropriate conclusion in this regard  

 

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.

Body

Similarities between the Constitutions of India and the UK

Parliamentary System:

  • Leadership Origin: In both countries, the executive’s leadership (the Prime Minister) originates from the legislature. In India, the Prime Minister is typically the leader of the majority party or coalition in the Lok Sabha (Article 75). Similarly, in the UK, the Prime Minister is the leader of the party with a majority in the House of Commons.
  • Executive Accountability: The executive in both countries is accountable to the legislature. As per the Article 75 (3), the Council of Ministers shall be collectively responsible to the Lok Sabha in India. In the UK, the Prime Minister and their cabinet are answerable to the House of Commons. 

Separation of Powers:

  • Distinctive Roles: Both countries recognize the separation of the Executive, Legislature, and Judiciary. In the Indian Constitution, this principle is followed with proper constitutional provisions. In the UK, while the Monarch is the ceremonial head, real powers rest with the Parliament and an independent judiciary.
  • Judiciary Independence: Both nations respect the independence of the judiciary. In India, the Constitution ensures the judiciary’s independence under Articles 124-147. The UK, with its unwritten constitution, has established judicial independence through conventions and statutes. 

Judicial Review:

  • Constitutional Validity: In both countries, the judiciary can review laws for their constitutionality. India’s Supreme Court, as per Article 32, can review and invalidate laws contradicting the Constitution. Similarly, the UK’s judiciary, after the Human Rights Act 1998, can declare a law incompatible with the European Convention on Human Rights.
  • Protection of Rights: Both judiciaries play a pivotal role in safeguarding citizens’ rights. The Indian Supreme Court utilizing the PIL directly addresses public grievances. The UK judiciary, through its powers, ensures that laws are not in violation of citizen rights, especially those enshrined in the Human Rights Act.

Fundamental Rights:

  • Documented Rights: India’s Constitution, in Articles 12-35, clearly enumerates Fundamental Rights, ensuring citizens’ protection against the state’s arbitrary actions. The UK has the Human Rights Act 1998, which lists rights and freedoms derived from the European Convention on Human Rights.
  • Remedies for Violation: Both countries provide remedies for rights violations. In India, if a fundamental right is violated, one can approach the Supreme Court directly, as per Article 32. In the UK, a person can appeal to the courts if they believe their rights, as mentioned in the Human Rights Act, have been violated.

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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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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