Difference Between Indian Constitution and the US Constitution

Among the 25 federal nations, which together include 40% of the world’s population, are two of the most significant countries in the world. America and India are the two largest and oldest democracy in the world, respectively. In 1798, America became a federal republic, while India became a socialist, sovereign, secular, democratic, and republican nation in 1950. Each nation consists of several smaller states joined by a strong central government to create a union that grants both nations dominion status.

What is the meaning of the Indian Constitution?

The Indian Assembly ratified the Constitution on January 26, 1950, after it was approved by the state legislatures and Parliament. It was written by a committee under the direction of Dr. Babasaheb Ambedkar with the intention of establishing India as a republic and guaranteeing citizens’ fundamental rights.

Eight schedules, 22 sections, and 395 articles made up the original Indian Constitution. The 104th Amendment Act of 2003 added 25 sections, 12 schedules, and 448 articles to the Indian Constitution.

The Indian Constitution is unique in both its spirit and its content. The principal features of the constitution are as follows:

  • Longest written Constitution
  • Flexibility and Rigidity in Balance
  • Federal structure with unitary elements
  • Independent Judiciary
  • Parliamentary system of Government Ad Single citizenship provision
  • Emergency planning

What is the meaning of the US Constitution?

The United States Constitution, which superseded the Articles of Confederation in 1789, is the ultimate law of the United States of America. There are seven articles in it that outline the boundaries of governance and the national framework. The first three articles of the federal government outline the division of power among the three branches: the legislative, executive, and judicial. The principles of federalism are enshrined in Articles IV, V, and VI, which also explain the mutual process of modifying the constitution and the duties and responsibilities of state and federal governments. Article VII outlines the procedure that the 13 states used to ratify it.

The United States Constitution’s essential components are as follows:

  • Nature of Federalism − In India, there is a kind of quasi-federalism. A federal system with a strong unitary tendency. In America, everything is federal.
  • Constitution − In India, the entire nation is governed by one single constitution. In the federal government of the United States, each state has its own constitution
  • Power − Since India is a union of states, no state has the right to separate from it. In America, the federal government and state governments share authority.

Difference between the Indian Constitution and US Constitution

The US Constitution and the Indian Constitution differ in the following ways:

BasisIndian ConstitutionUS Constitution
AdoptionThe Indian Constitution was adopted on 26th November, 1949.The US Constitution was adopted on 17th July, 1787.
NatureIt works towards cooperative federalism; it is quasi-federal in nature.The Centre and the State are wholly independent of each other, it is federal in nature.
Nature of Law MakingAt the executive level, also known as executive federation, states play a major role. The Seventh Schedule of the Indian Constitution assigns the Central and State governments equal control over legislation. Parliament has the remaining authority.States predominate in the federation’s legislative process. There is no detailed methodology given.
ParliamentThe Lok Sabha and the Rajya Sabha are its two houses.

The Lokh Sabha has the authority to enact any measure without going against the core tenets of the Constitution.

Senate is stronger than the Rajya Sabha.

It has 2 houses i.e., the House of Representatives and the Senate.

House of Representatives is of the weakest lower house in the world.

The strongest upper house is Senate. It has equal authority over regular legislation, amendment bills, and financial bills.

Separation of PowerOur Constitution adopts the doctrine of separation of powers, but only between the executive and judicial branches. The terms of legislatures and executives are interdependent. All members of the executive branch are also members of the legislature. As a member of the Union Executive, the President participates in enacting laws.The US Constitution rigorously upholds the principle of separation of power. Legislative and executive terms are both set and independent of one another. None of the legislators may also serve in the executive branch. The American president lacks the authority to enact laws.
JudiciaryThe Chief Justice and four other senior justices of the SC play a highly prominent and deciding role in the process by which the President chooses judges for the Supreme Court.Judges of the Supreme Court are appointed without regard to any qualifications.

Conclusion

Despite differences, both the US and India’s federalist systems have maintained public autonomy while functioning well. Local governments and their constituents ought to establish a spectrum of moral norms within their communities, and federalism should protect the harmony and balance between the federal and state governments.

 

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