Comparison of indian constitution with other nations
Answers
Answered by
0
June 1, 2018
Latest Posts:IISER develops device to detect and remove arsenic from waterDo we need the office of the Governor?India’s First Sports University In ManipurPRAGATIINSV Tarini

Polity & Governance
Comparison of Indian Constitutional with other countries
September 12, 2017 1658 Views constitutions

Thomas Paine: “Where a constitution cannot be produced in a visible form, there is none”
Evolution:
Montesquieu’s “Spirit of the Laws” is the predecessor to all contemporary comparative legal ScholarshipBefore adopting the U.S. Constitution, John Adams & James Madison surveyed the constitutions of different nationsIn the same way, different countries analysed various constitutions and adopted the provisions which were suitable to their territory. Eg., Irish Constitution mentions Directive Principles of state policy,Study of comparative law includes the study of the constitutions of totalitarian governments
Constitutional Structures:
An overview of the parliamentary system and emergency conditions in the different constitutions suggest the following differences:
Parlimentary – Federal/Presidential/Semi-Presidential/Purely parliamentaryCondition for Emergencies –Natural disasters, terrorist threats, sustained or sporadic domestic disorder, economic distress etc.,
U.S. Constitution refers only to ‘rebellion or invasion’
French Constitution ‘serious and immediate threat’
Indian Constitution ‘armed rebellion or external aggression’
Political Systems – Dictatorship/Democracy/Republic/Anarchy

Indian Constitution Vs Unwritten Constitutions:
Unwritten Constitutions: e.g., Britain, New Zealand, Saudi Arabia, Israel, Canada…
British Constitution:
Product of history and the result of evolutionThere is a difference between theory and practiceFlexible and unitary constitutionParliamentary government and two party systemRule of law and civil liberties applicableIndianBritishWrittenUnwrittenQuasi FederalUnion ConstitutionPower is divided between centre and statePower is the with the centreNo monarchy/RepublicHas King/Queen
Indian Constitution Vs Written Constitution
American Constitution:
Works on Checks and balances conceptPresidential type of governmentRigid ConstitutionFederal SystemIndianAmericanNot a result of agreement between statesResult of an agreement between statesSingle CitizenshipDual citizenshipRepresentatives are sent to the parliament depending on the population of the stateEach state sends equal number of representatives to the senateNo principle of equality between the statesPrinciple of equality between the statesThe states are not sovereignUnion and each Unit is sovereign in its sphereNo state can separate from Indian territoryState can separate from the federationOnly centre has residuary powersStates have residuary powersSupreme Court has appellate jurisdictionNo appellate jurisdiction for the Supreme CourtNo referendum is necessary for amending the ConstitutionFor amendment of Constitution a referendum is necessary
Indian Constitution Vs Dynamic Constitution
Switzerland:
A comparatively longer documentSpirit of RepublicanismFederalismJames Bryce “Among modern democracies, which are true democracies, Switzerland has the highest claim to be studies”Dynamic Constitution (protection of individual, welfare state)
IndianSwitzerlandExecutive vested in the PresidentExecutive vested in the Federal CouncilPresident elected by electoral collegeFederal Council Elected by Federal AssemblyParty GovernmentAbsentStates cannot conclude treatiesCantons can conclude treatiesSupremacy of JudiciaryJudiciary cannot rule invalid a federal lawNo referendumReferendum possible
Comparative Constitutional law and national identity:
The Constitution incorporates a national identity which is evident from the statements in some of the constitutions below:
Preamble to Irish Constitution – ‘The Most Holy Trinity’Preamble to South African Constitution – ‘recognise the injustices of our past’Art 9 of Japanese Constitution – “The Japanese people forever renounce war as a sovereign right of the nation and purports to ban the maintenance of land, sea, airforces”Preamble to Indian Constitution – ‘We, the people of India having solemnly resolved to constitute India into a sovereign, socialist, secular, democratic, republic….”
General Comparison with other countries
IndiaRussiaJapanFranceGermanyWrittenWrittenWrittenWrittenFlexible/RigidRigidRigidRigidRigidFederal with Unitary BiasFederalUnitaryUnitaryFederalParlimentary DemocracySemi PresidentialParlimentary DemocracyQuasi Presidential/Quasi Prime ministerialParlimentary RepublicSupremacy of ConstitutionSupremacy of ConstitutionParliament with limited powersRepublicRepublicConstitutional MonarchyRepublicRepublicPresident -Indirect electionDirect ElectionDirect electionIndirect ElectionSingle CitizenshipDual CitizenshipSingle CitizenshipDual CitizenshipIn principleProcedure established by lawProcedure established by law
“The price of freedom is eternal vigilance” – Thomas Jefferson
Similar questions