Comparison of Indian Constitutional Scheme with that of other Countries

Question 1

Previous Year Questions

Answer 1

1. Critically examine the procedure through which the Presidents of India and France are elected. 15m 2022
2. Analyse the distinguishing feature of the notion of equality in the Constitutions of the USA and India. 15m 2021
3. The judicial systems in India and UK seems to be converging as well as diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices. (2020)
4. What can France learn from the Indian Constitution’s approach to secularism? (2020)
5. India and USA are two large democracies. Examine the basic tenets on which the two political systems are based. (2018)

Question 2

British Constitution - Salient Features

Answer 2

1. Unwritten Constitution - There is no written, precise, compact document unlike India which has a written document.
2. Evolutionary - British Constitution has an unbroken continuity of development of over 1000 years. It was never framed by a Constituent Asembly, unlike Indian Constitution. Indian Constitution, too, is open to evolution.
3. Flexibility - Brit Constitution can be passed, amended and repealed by
   a Simple Majority (50% of the members present and voting) of the Parliament, since no distinction is made
   between a constitutional law and an ordinary law. Whereas Indian Constitution is both rigid and flexible.
4. British Constitution has a unitary character with all powers being vested in British Parliament. whereas Indian Constitution is considered as ‘quasi - federal’.
5. A necessary corollary to the unwritten character of the British constitution is that conventions play a very vital role in the British political system. For example, while the Queen has the prerogative to refuse assent to a measure passed by the British Parliament, but by convention, she doesn’t do so because of convention.

Question 3

Doctrine of Parliamentary Sovereignity - British Parliament.

Answer 3

1. A very important feature of the British constitution is sovereignty of the British Parliament (a written constitution being absent). All powers in Britain of the Govt. are vested in the British Parliament which is a truly sovereign body. Wheras, in India parliamentary laws are liable to be stuck down if they violate the ‘Basic Structure of the Constitution’.
2. The courts have no power to question the validity of the laws passed by the British Parliament. The British Parliament may amend the constitution on its own authority, like an ordinary law of the land. It can make illegal what is legal and legalize what is illegal. In India, the Supreme Court is the final interpretor of the Constitution and has the power to strike down laws.
3. In Britain, Executive organs of the state are subordinate to the Parliament, exercise delegated powers and are answerable to it.
4. There is only one legislature. England, Scotland, Wales etc. are administrative units and not politically autonomous units. Whereas, in India, State Govts. derive their power directly from the Constitution.

Question 4

Similarities with British

Answer 4

1. India, post independence adopted the Westminster style of Parliamentary democracy from the British.
2. Britain has a Parliamentary form of government. The King, who is sovereign, has been deprived of all his powers and authority. The real functionaries are Ministers, who belong to the majority party in the Parliament and remain in office as long as they retain its confidence. Similarly, in India, the President is the ‘de jure’ head whereas PM is the ‘de facto’ head of the Country.
3. The Prime Minister and his Ministers are responsible to the legislature for their acts and policies.
4. In this system, the executive and legislature are not separated, as in the Presidential form of government.

Question 5

Dissimilarities. with British

Question 6

Judiciary Comparison - British and Indian system

Answer 6

1. The rights of people in Britain are guaranteed by the judiciary. The Judiciary gives recognition to the common laws. Thus, the people in Britain enjoy rights, even in the absence of a Bill of Rights or Fundamental Rights. In India, the Fundamental rights are guaranteed in Part III of the Constitution itself.
2. The Rule of Law in Britain is safeguarded by the provision that judges can only be removed from office for serious misbehavior and according to a procedure requiring the consent of both the Houses of Parliament. So, the judges are able to give their judgments without any fear or favor. The same has been adopted in India, where judges can only be removed by the process of impeachment.

Question 7

Executive Organ - Britain and India

Answer 7

1. The Executive in Britain is called as Crown. Earlier, the Crown symbolized King. Now, the King is part of the Crown.
2. The Crown, as an institution, consists of the following: King, Prime Minister, Council of Ministers (CoM), Permanent Executive, the Civil Servants, Privy Council.
3. In Britain, initially all power lied with the King. Later on, power shifted out of the institution of the King to the institution of CoM headed by the P.M
4. Despite its lack of real power, the monarchy still has several important roles to play in contemporary Britain. These include: Representing UK at home and abroad, Settings standards of citizenship and family life, Uniting people despite differences, Allegiance of the armed forces, Maintaining continuity of British traditions, Preserving a Christian morality.
5. However, many consider that monarchy should be abolished