INDIAN CONSITUTION VIS-À-VIS WORLD CONSTITUTIONS

Most of the countries are governed by Constitution whether written or un-written one. Every Constitution is unique as it is outcome of different historical and socio-economic circumstances. In this chapter we will try to understand Indian Constitution in comparison to constitutions of other prominent countries.

BRITISH CONSTITUTION

British Constitution is an unwritten constitution despite the same it is considered mother of all Constitutions. It has gradually evolved and is an outcome of historical accidents and design. Although single codified constitution does not exist certain statutes like Magna Carta, Petition of Rights, Bill of Rights and many other statutes exist.

Although Britain is a democratic country it co-exists with hereditary monarchy. All statues have to be signed by the Monarch to become effective.

Britian has bicameral parliament consisting of House of Commons and House of Lords. House of Lords consists of nominated members which never dissolves and House of Commons consists of elected members. British Parliament is a sovereign parliament and laws passed by Parliament cannot be reviewed by any Court.

Rule of Law is another distinctive feature of British Constitution. Every citizen is subject to same ordinary law of the land.

Conventions play a big role in British Polity. The cabinet system, nominal role of the Monarch, working of Parliament all have gradually evolved and taken form of conventions.

Comparison with Indian Constitution

India was a colony of Britain till 1947 as such British Political System has greatly influenced the Indian Polity.

Parliamentary system has been adopted in India wherein Executive is responsible to the House of the People. Parliament has comprehensive law making power as that of Britian. But law making power of Indian Parliament is limited as laws passed by Parliament is subject to judicial review. Parliament does not have power to dilute “basic structure” of the Indian Constitution.

Head of State in India is elected while head of state in Britain is a hereditary monarch.

USA CONSTITUTION

Thirteen colonies had declared themselves free from Britain and created Article of Confederation as its first constitution. Constituent Convention was constituted in 1786 to draft new Constitution. The Constitution was ratified in 1787.

American Constitution is a written constitution. It is oldest codified constitution of the world and had influenced many other constitutions. American Constitution is a rigid constitution. Amendment of Constitution of USA requires very lengthy procedure.

American Constitution is federal in nature. The residuary powers vest in the States.

Bill of Rights are an important part of Constitution of USA. Bill of Rights were not part of Constitution of USA originally. It was introduced by first 10 amendments. Citizens enjoy these rights and these rights cannot be encroached upon by the State.

USA constitution establishes Presidential System of the Government. The President is elected for a period of four years and cannot be removed. His existence does not depend on majority support in the Legislature as is the case with Parliamentary Democracy.

There exists strict separation of powers between the Executive, Legislature and Judiciary.

The Supreme Court has the review power. The Supreme Court of the USA can declare any legislative act null and void if the same is found inconsistent with the provisions of the Constitution.

There is provision of dual citizenship in USA. A citizen of USA is also a citizen of the State where he is domiciled.

Comparison with Indian Constitution

The major difference is that USA has Presidential Form of Government while India has Parliamentary Form of Government. USA Constitution is a rigid one while the Constitution of India is a combination rigidity and flexibility. Residuary power in USA is with the States while residuary power in case of India is with the Union. Judicial review is judicial innovation in USA while power of Judicial Review has been granted explicitly by the Constitution in India.

FRENCH CONSTITUTION

The Constitution of Fifth Republic of France was enacted in 1958. Frech Constitution grants some basic rights to the people. The Preamble of the Constitution says that the Frech People solemnly proclaim its attachment to the Rights of Man and to the principles of national sovereignty as defined by declaration of 1789 and as confirmed by and completed by the Preamble of the 1946 Constitution.

France is also democratic republic. France is a unitary state. Frech Constitution is a bicameral one consisting of National Assembly and Senate.

France has dual executives consisting of President and Prime Minister. President is elected for seven years. He appoints Prime Minister and other ministers. Working of the constitution show that President takes major decisions and Prime Minister and Cabinet implement those decisions.

The French Constitution is unique blend of Presidential System and Parliamentary System. President is directly elected by people. But the President elects the Prime Minister and Cabinet which are accountable to senate. Prime Ministers and other ministers are not members of senate. If the Prime Minister loses confidence of the senate, cabinet has to resign.

Frech Constitution recognizes Political Parties. Frech Constitution is a rigid one and can be amended by a rigid procedure.

Comparison with Indian Constitution

Indian and France are both democratic republics. Both Constitutions grant basic rights to the citizens.

France has dual executive while in India real executive is Council of Minister headed by Prime Minister. Indian Constitution does not specifically provide for political party while French Constitution recognizes Political Party.

French Constitution is a rigid one while the Indian Constitution is combination of rigid and flexible constitution.

AUSTRALIAN CONSTITUTION

Australian Constitution is a written constitution. The Commonwealth of Australia Constitution Act was approved by British Parliament and was assented by Queen Victoria in 1900. Australia is a constitutional monarchy. The head of Australia is British Monarch. Popular movements have been taking place time to time in Australia to abolish monarchy.

Australia also has Parliamentary democracy. British Monarch is nominal head while the real executive is the Prime Minister. House of Representative and Senate are two houses of Parliament. Parliamentarians are elected for three years.

The position of Governor-General is unique to the Constitution of Australia. The British Monarch does not reside in Australia. British Monarch acts through the office of Governor General.

There is also position of governor in every state who are appointed by the Crown on the advice of premier of those states.

Comparison with Indian Constitution

Australia and India have both been colonies of Britain. There are many similarities between both these countries. Both countries have parliamentary democracy. But Australia is a constitutional monarchy while India is a republic.

In Australia Governor is appointed on the advice of the premier of the state while in Indian Governor is appointed by the President on advice of Union Cabinet and state government does not play any role in it.

RUSSIAN CONSTITUTION

USSR disintegrated in 1991 and thereafter Russian people adopted a new Constitution in 1993.

Russian Constitution is a written constitution. Russia is a federation. Russian Federation grants fundamental rights to citizens.

Russia has adopted mixed Presidential – Parliamentary model. The President is the head with real executive powers. Constitution also provides for Government of Russian Federation consisting of Chairman, Deputy Chairman and several Federal Ministers. The president appoints chairman with consent of Duma. The president can remove chairman after no confidence motion is passed by Duma.

Russian Federation has two houses – Federation Council and Duma. Federation Council has representative of federal units and members of Duma are elected directly by people.

The Russian Federation has Constitutional Court, Supreme Court of Russian Federation and Supreme Court of Arbitration of Russian Federation. Constitutional Court determines constitutional disputes. Supreme Court of Russian Federation is the highest civil and criminal court while Supreme Court of Arbitration determines economic disputes.

Comparison with Indian Constitution

Russia as well as India is a federation and grants basic rights to citizens. Indian has adopted Parliamentary Democracy while the Russia has mixed Presidential-Parliamentary model. The President is the real executive in Russia while in India President is nominal head.

In Russia there are separate apex courts to determine constitutional matters, civil and criminal matters and arbitration matters while in India the Supreme Court has jurisdiction to hear all these matters.

CHINESE CONSTITUTION

The latest Constitution of China was adopted in 1982. The Chinese Constitution is a socialist constitution. State power is people’s democratic dictatorship led by working class and based on alliance of workers and peasants. Political foundation of China is “people congress” at different level formed by elected representatives.

The Chinese Constitution is a rigid constitution. It can be amended only by a majority vote of more than two-thirds of all the deputies of the National People’s Congress.

The Chinese Constitution establishes Unitary Multinational State. China although a huge nation in area and population does not have federal set up. China does not have bicameral legislature but unicameral legislature called National People’s Congress.

Most of Representatives of National Peoples’s Congress are elected by People Congress. Although the present constitution like previous constitutions does not recognize one party rule, one party rule exists in China.

Chinese Constitution grants citizen various rights and imposes various duties. Chinese Constitution grants every Chinese citizen economic rights like right to work and rest.

Chinese Judicial System is unique in the sense that the President of the Highest Court of China i.e. Supreme People’s Court is appointed by Standing Committee of the National People Congress. The Supreme People’s Court cannot interpret constitution. The power has been given to Standing Committee of National People Congress.

A unique feature of Chinese Constitution is that Standing Committee of National People’s Congress combines legislative, executive and judicial power.

Chinese Constitution vests important function in Army. The task of the army is not only to defend the constitution but also to defend the socialist system, participate in socio-economic reconstruction and serve the people.

Comparison with Indian Constitution

In China there exists democratic dictatorship while in India there exists essentially liberal democracy although socialism is also a facet of Indian Democracy. China although a vast country is unitary state while India is a federation.

Indian Constitution as well as Chinese Constitution grants certain rights and imposes certain duties on citizens but Chinese Constitution grants right to work to citizen which Indian Constitution does not provide.

In China there is one party system while in India there is multi party system.

Chinese Constitution is rigid constitution while Indian Constitution is combination of rigidity and flexibility.

There is stark difference in judicial system between two countries. Power to interpret constitution lies with standing committee of National People’s Congress while in Indian and in most of the democratic countries such right lies with the Judiciary.

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