COMPARISON OF INDIAN CONSTITUTIONAL SCHEME WITH OTHER COUNTRIES

COMPARISON OF INDIAN CONSTITUTIONAL SCHEME WITH OTHER COUNTRIES

27-02-2023

COMPARISON OF INDIAN CONSTITUTIONAL SCHEME WITH OTHER COUNTRIES

The following factors have been used to draw comparisons between the Indian Constitution and other constitutions:

Types of Constitution

  1. By "written constitution," one means that the Indian constitution is a formal, written document that outlines the country's rules for citizens to follow.
  2. the rights that citizens will be able to use.
  3. and an agreement on the constitution.
  4. Only a small portion of the British Constitution can be read aloud because it is an unwritten document. However, the constitutions of France, the United States, and Japan are comparable to India's.

Nature of the Constitution

  1. It is common knowledge that the Indian constitution is more fluid than rigid. The constitutions of the United States and Japan are more rigid because, as stipulated by the constitution, only a special procedure can be used to amend them by congress.
  2. Britain's constitution is more adaptable because it does not stipulate any particular procedure for modifying any act.

The Federal scheme

  1. India has a federal structure with a unitary bias. That is to say, while the federal government operates in most cases, the constitution gives the parliament the option to convert to a unitary system whenever necessary.
  2. Like India, the United States is a federal state. Japan, France, and Great Britain, on the other hand, have a unitary government.

The Form of Government

  1. Both the central government and the state governments in India are governed by a parliamentary system. Japan and Britain both have parliamentary governments. France and the United States, on the other hand, have elected presidents.

Relationship Between Parliament and the Judiciary

  1. Unlike the British Parliament, India's parliament is not a sovereign body; instead, the supreme court holds all of the country's power. It is important to note that parliamentary sovereignty is one of the most important aspects of the British Constitution.
  2. The French Constitution also grants parliamentary sovereignty, but only with limited powers. In this regard, the constitutions of the United States and Japan are comparable to those of India.

Difference Between Rights and Obligations

  1. The Indian constitution borrowed its fundamental rights from the United States Bill of Rights.
  2. The Right to Equality, the Right to Freedom, the Right to Freedom of Religion, the Right Against Exploitation, the Right to Cultural and Educational Rights, and the Right to Constitutional Remedies are the Fundamental Rights that the Indian Constitution guarantees.
  3. In contrast to India, the United States guarantees all fundamental rights. While there are a number of fundamental rights in Japan, none are mentioned in the British constitution.
  4. A citizen's rights to the nation are the fundamental duties. The Indian Constitution borrows fundamental responsibilities from the Soviet Union's. It should be noted that no other significant nation's constitution contains a mention of fundamental duties.
  5. The Indian Constitution borrows from the Irish Constitution the Directive Principles mentioned in it. Although the directive principles cannot be enforced, the state must consider a variety of factors when drafting regulations.

Conclusion:

The Indian Constitutional Scheme has been compared to that of other nations. Comparing the constitutions of various nations becomes difficult.

The population makeup, conflict history, geography, and demography of the constitutions differ from one another. The Indian Constitution is a collection of borrowings from a variety of countries around the world. Even though it is borrowed, the Indian Constitution is distinctive in its own right. The country's constitution must be adaptable and able to change in response to changing times and changing citizen interests.

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