Difference between indian federralism and us federalism constitution notes
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There are certain similarities as well as differences between American Federalism and Indian Federalism-
Both United States and India which are considered as the largest democratic countries in the world are based on federalism in their political structure. The US gained the status of Federal Republic State in the year1789; whereas India occupied the status of Socialist, Sovereign, Secular, and the Democratic Republic by enacting its Constitution in the year 1950. Thereby both countries had attained dominion status in which several smaller states got associated with a strong central government which is known as Federal Government in the US and Central Government in India. Thus, both states became Federal Republics.
During framing of the Constitution, the drafting committee headed by Dr.Ambedkar, borrowed many features from Constitutions of other countries including US which was adopted in the Indian context. Hence, both U.S and India, even though federal in character have certain similarities as well as differences between them.
Differences between the federalism of US and India
There are certain differences that exist between the federalism of US and India. These differences have been created by the architects of the Indian Constitution. The US federalism is very strong and more rigid as envisaged in their Constitution by its leaders. It is more federal than unitary in character. Whereas, India is more unitary than federal and we can even say that it is a quasi-federal state.
1) The Constitution of US is very rigid than the Indian Constitution
The Constitution of US is very precise and rigid running into only a few pages, whereas the Constitution of India is very bulky containing as many as XXII parts, 395 articles, and ten schedules. Since the US Constitution is very rigid, the provisions meant for amending the Constitution are also very rigid and more formal. The US Constitution has been amended only 27 times. Whereas, the Indian Constitution, which came into force in the year 1950, has so far been amended 94 times. Therefore, it is easy to amend the Indian
2) While the US has the Presidential form of Government, India has the Parliamentary form of Government
In the US, the President is the head of the state and so his government is popularly referred as the Presidential form of government. India, on the other hand, has a Parliamentary form of Government as the Prime Minister with his cabinet exercises real power with the President being only a nominal head. The President of US holds office for a period of four years while the Indian Prime Minister holds power for five years as long as his political party enjoys a majority in the Lok Sabha. While the US follows the bi-party system, India has a multi-party system and a complicated process of election.
4) Differences in the judicial system between US and India
US being a developed country have an advanced judicial system. The judicial system of India is however rapidly developing. A Judge in the US holds office as long as he is capable of performing his duties. Indian Constitution on the other hand states that a District judge holds his post till the age of 58, a High Court judge holds till the age of 62 and a Supreme court Judge retires at the age of 65.
5) Difference in citizenship
The Constitution of India recognises single citizenship. On the other hand, USA Constitution provides for a double citizenship that is a US citizen can have citizenship of two countries, USA and some other country.
Conclusion
Thus, it can be concluded that there are certain features of federalism which are common to both India and the USA. On the other hand, India and the USA differ in many aspects related to the federal character of their Constitution. However, both the US and the Indian Federalism despite having limitations are by and large successful
Both United States and India which are considered as the largest democratic countries in the world are based on federalism in their political structure. The US gained the status of Federal Republic State in the year1789; whereas India occupied the status of Socialist, Sovereign, Secular, and the Democratic Republic by enacting its Constitution in the year 1950. Thereby both countries had attained dominion status in which several smaller states got associated with a strong central government which is known as Federal Government in the US and Central Government in India. Thus, both states became Federal Republics.
During framing of the Constitution, the drafting committee headed by Dr.Ambedkar, borrowed many features from Constitutions of other countries including US which was adopted in the Indian context. Hence, both U.S and India, even though federal in character have certain similarities as well as differences between them.
Differences between the federalism of US and India
There are certain differences that exist between the federalism of US and India. These differences have been created by the architects of the Indian Constitution. The US federalism is very strong and more rigid as envisaged in their Constitution by its leaders. It is more federal than unitary in character. Whereas, India is more unitary than federal and we can even say that it is a quasi-federal state.
1) The Constitution of US is very rigid than the Indian Constitution
The Constitution of US is very precise and rigid running into only a few pages, whereas the Constitution of India is very bulky containing as many as XXII parts, 395 articles, and ten schedules. Since the US Constitution is very rigid, the provisions meant for amending the Constitution are also very rigid and more formal. The US Constitution has been amended only 27 times. Whereas, the Indian Constitution, which came into force in the year 1950, has so far been amended 94 times. Therefore, it is easy to amend the Indian
2) While the US has the Presidential form of Government, India has the Parliamentary form of Government
In the US, the President is the head of the state and so his government is popularly referred as the Presidential form of government. India, on the other hand, has a Parliamentary form of Government as the Prime Minister with his cabinet exercises real power with the President being only a nominal head. The President of US holds office for a period of four years while the Indian Prime Minister holds power for five years as long as his political party enjoys a majority in the Lok Sabha. While the US follows the bi-party system, India has a multi-party system and a complicated process of election.
4) Differences in the judicial system between US and India
US being a developed country have an advanced judicial system. The judicial system of India is however rapidly developing. A Judge in the US holds office as long as he is capable of performing his duties. Indian Constitution on the other hand states that a District judge holds his post till the age of 58, a High Court judge holds till the age of 62 and a Supreme court Judge retires at the age of 65.
5) Difference in citizenship
The Constitution of India recognises single citizenship. On the other hand, USA Constitution provides for a double citizenship that is a US citizen can have citizenship of two countries, USA and some other country.
Conclusion
Thus, it can be concluded that there are certain features of federalism which are common to both India and the USA. On the other hand, India and the USA differ in many aspects related to the federal character of their Constitution. However, both the US and the Indian Federalism despite having limitations are by and large successful
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Explanation:
Both United States and India which are considered as the largest democratic countries in the world are based on federalism in their political structure. The US gained the status of Federal Republic State in the year1789; whereas India occupied the status of Socialist, Sovereign, Secular, and the Democratic Republic by enacting its Constitution in the year 1950. Thereby both countries had attained dominion status in which several smaller states got associated with a strong central government which is known as Federal Government in the US and Central Government in India. Thus, both states became Federal Republics
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