4. Comparison Of The Indian Constitutional Scheme With That Of Other Countries Flashcards
British constitution
- Unwritten - Indian written
- Evolutionary - Indian is written
- Flexible : simple majority can make amendment
- Indian not flexible nor right has a. Simple majority b. Special majority c. Special majority with state ratification - Unitary - Indian is federal in character
- Parliamentary supremacy - Indian constitutional supremacy
6.parliamentary executive ministers responsible legally in Britain
Indian the executive responsible to the lower house - Rule of convention eg queen has the power no to assent the bill but convention she does
Indian constitution has less convention as it is written but some convention leader of opposition party is offered deputy speaker post - Rule of law
9.independent judiciary to safeguard the rule of law and the judges can only be removed on serious misbehaviour and according to procedure established by law
Organs of the state
1. Executive - the king was the executive but it has been replaced by the crown which includes the king, PM, COM as now the king is termed as golden zero
A. India collective responsibility towards the lower house of PM, COM
PM position similar to Indian PM difference that Indian PM can be elected from both the House of Parliament but British PM to be only from lower house
B. Permenant civil services
Similar to Indian which is expected to be politically neutral, generalist , recruited through competitive exams
2.legislature
A. British parliament 300 years old, Indian parliament is written
B. British parliament is sovereign in nature
C. House of Lords is just a “DEALING CHAMBERS” indian rajyasabha has equal powers as Loksabha except financial powers
Article 249 power to legislate with respect to state matters
Article 312 creation of all india services
The senate of usa has equal powers in matters of ordinary bill, money bill and constitutional bill , it also has powers to rectify treaties and higher appointments .
House of Commons
Lower house of Britain
PM of lower house is not the head of that house
Once a speaker always a speaker - as the speaker resigns from the party and his elected uncontested
Usa speaker expected to be a party man and can vote in the beginning
Indian speaker is between both
- Not necessary to resign
- If resigned not disqualified under anti defection
- no convention of uncontested election
Judiciary
British judiciary cannot strike down parliaments acts
But they restrain certain powers
1. On interpreting the precise meaning of a statue
2. Of reviving actions of the ministers
3.applying principles of natural justice
Comparison with india
Similarities
1.The action of executive can be declared ultra Vires in both the systems
2.judiciary is considered highest interpreter of the constitution
3.off late thee has been a splurge in judicial activism in Britain as in india
Differences
1. Basic structure to there in British, India has it
2. British based on “common law system” implies that law is developed by the judges through their decisions
Indian system adopts the common law system with statutory and regularity laws
By constitutional reforms act 2005 the Supreme Court has come into existence as highest court of appeal
A national judicial appointment commission has also been introduced .
usa constitution
It is the first written constitution sep 17 1787
A very rigid constitution with 7 articles and 27 amendments.
India has 470 articles 25 parts 12 schedules and 5 appendices
- India has single citizenship
Usa has dual of state and of union - American federation is truly federal as rectified by independent states
India is quasi federal- states cannot separate from union, governor appointment, governor having power of receiving bill for president - Nature of federalism
A. Dual federal states completely independent of union
India cooperative federalism
B. Usa symmetrical federalism
India asymmetrical as representation in rajyasabha is not equal, some states have special exemptions
C. States in usa have complete dominance in law making
India the executive has complete independence in implementation
D. Usa has indestructible union and indestructible states
India indestructible union and destructible states
E. Rectification of treaties is done by senate of usa i.e upper house representing states + appointment of higher post
Indian states have no say.
1.India has parliamentary form of government
Usa has presidential
2. President runs country on the advice of COM
President runs it on his own will
3. President is head of state and government
President is head of state and pm is head of government
4.no presence in legislature of the president
India PM is present in the legislative process
5.cannot dissolve legislature
Pm can dissolve legislature
6. Preparing budget is part of president power
COM do it in parliament
7.veto power of president is greater in india as he absolute veto
In president he has qualified and pocket veto in case of pocket veto the congress passes the bill again with 2/3rd majority the bill will become an act.
Committee system in usa
Usa when the bill is introduced in the congress the bill goes to committee for scrutiny before the 1st reading, and they have the power to discard it this is pigeon holing the bill at committee stage
India the bill introduced it goes through first reading then to committee
Doctrine of separation
- Usa strictly adheres to separation of power
- The 3 branches are completely separated
- the president has no power of law making he can assent the bill to make an act the law making is done by congress
- this confirms the checks and balances
President and congress checks and balances
- Same as above .
- The ratification of treaties is done by senate
- Presidents impeachment
President on congress
1. Veto powers
President and congress over judiciary
1. Appointment is done by the executive
Bill of rights and fundamental rights
1.freedom of press expressed in American constitution
India it emanates from 19 (1)(a)
2. Americans have the power to keep arms
3. Accused tried through grand jury
4. Due process of law is used in property and life
India no FR in property
5.india has procedure established by law and due process has come from judiciary efforts
6. 9th amendment expands the rights of a citizen to the natural rights which is an influence of locke’s philosophy.
Legislative power
India subjects a explicitly divided in to union, state, concurrent subjects
Usa has only union subject and no elaborate segregation
Judiciary
American president appoints judges on the consent of senate which are scrutinised by judicial committee of senate as the committee investigates, interviews, and interacts with the potential judges
They do not have fixed tenure
In INDIA we have collegium system
Amendment to constitution
1. Proposed by the congress ractification by states - 2/3rd by both houses and then 3/4th by state
2. Proposed by state and ratified by states should pass a resolution to this effect
2/3 states should pass a resolution to this effect
This is communicated to congress
It will call convention
It has to be ratified by 3/4 states.
China
China is a people democratic dictatorship
It has one party rule where there is only communist party of china
A centralist government with decentralisation at administrative level as the party is parallels to administration
Above 18 adult suffer age so voting right to everyone
Legislative body the NATIONAL PEOPLES CONGRESS
Which has 3000 members
Of which 150 are the real legislatures which are called the standing committee
They make laws
The congress elects
- President
- Vp
- Premiere
Premiere is the administrative head
President is all powerful he is president of communist party of china, he is military head, general secretary
Judiciary is the supreme peoples court which is committed to the socialist principles of the country
The people have fundamental rights and duties with it and need to emphasise on socialist principles
The constitution is based on Marxism , Leninism , Maoism And similar to USSR
French
French have a cohabitation concept of administration
They have a written constitution where the president and the prime minister is given powers
President has been made powerful where he can make laws on his own and the parliament can make laws on other subject.
President looks after national policy and foreign policy
PM LOOKS INTO day to day business
Legislature is subordinate to the executive as the constitution puts limitation on it and the president can influence the parliament through the PM.
NATIONAL ASSEMBLY
Bicameral in nature the senate has been made to grant stability to the government
Amendment to the constitution
Rigid process needs 3/5th of majority
+
The president can put referendum of amendment.
Nature of secularism is rigid
German constitution
German constitution is adapted from the British constitution
It has a chancellor who is equivalent to PM
A federal system
It has two houses with a peculiar system of election
The lower house is Bundestag which has members elected by first past the post and proportional representation
This is done to keep the extremist parties out of parliament
The upper house is BUNDERSRAT it has members of the state cabinet
Canada constitution
Canada is constitutional monarch
It has the ceremonial monarch as the queen as formal head of the state
They have a Governor General at federal level
Lieutenant General @ provincial level
But the real executive by convention is the PM and cabinet
It has strong centralist tendencies and residuary powers are with the cente
Has 2 house 1. House of Commons
2. Senate
Elections first past the post
Judiciary can try civil and criminal cases at the highest level.
Australia constitution
The queen is the formal head of the nation, she appoints a Governor who is all powerful but works under the advice of ministers as a convention
Yes it has written constitution
The parliament has to have elections in 3 years with compulsory voting
Amendment to the constitution is made through referendum in which adults on the electoral must participate. And only then it can be amended by approval of electorate
Centralist tendencies where federal law overrides the state
Switzerland constitution
The spirit of republicanism os prominent theme of Swiss constitution.
Federal council elected by federal assembly , federal council is vested with executive power,
Judiciary cannot overrule federal law
Direct democracy
- Referendum
- Initiative - people can initiate a bill
- Recall - calling the representative back, if voters not satisfied with his work
