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A comparative study of the Indian, UK and the US Constitution
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A comparative study of the Indian, UK and the US Constitution

A constitution is a set of rules that govern a country. Some countries have a formal written constitution in which the structure of government is well defined, and the respective powers of the country and the states are written in one single document, and some have unwritten constitutions which mean there is no formal written constitution. Their constitutional rules are originated and based on a number of sources.
 
For example; Britain sources its constitution from several important statutes, or laws, as well as principles decided in legal cases and conventions. New Zealand and Israel are two other countries that do not have formal written constitutions.
 
Listed below are some comparisons in the study of Indian, UK and the US constitution.
 
India UK US

Written Constitution

(Lengthiest in the world)

Unwritten Constitution

(based on conventions and political traditions)

 

Written Constitution

(shortest constitutions amongst major world powers)

 

The process of amendment:

Amending the Constitution is a combination of rigid and flexible process. It Can be amended by a Simple Majority, Special Majority or ratification by more than half of the states.

(Basic structure cannot be amended)

 

The process of amendment:

Constitution amending procedure is flexible can be amended or repealed by a Simple Majority.

(Since no distinction is made between constitutional law and ordinary law. Both are treated alike)

The process of amendment:

The process is very rigid

(2/3rd of the States should pass a resolution to this effect. Congress will call the convention. In the convention, it has to be ratified by 3/4th of the States)

Center  + State:

The interdependence of Centre and state govt. Neither of them is independent of the other. The Central government interferes with the functions of state governments. The head of state is the president while the actual head of the government is the prime minister. 

Unitary:

The British constitution has a unitary character as opposed to a federal one. All powers of the government are vested in the British Parliament, which is a sovereign body.

 

Federal:

Dual Federation (USA) – both the Centre and state are completely independent. They are complete governments.

the Federal Government and States have their Constitutions and do not interfere in each other’s functions

 

Government:

India has adopted a Parliamentary form of government.

Both President and Governor exercise the power of ordinance making under the constitution, thus performing legislative functions.

 

Government:

Britain has a parliamentary form of government. 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. (The UK is the self-governing country, but the head of the state is monarch)

 

Government:

America has adopted a Presidential form of government. The President is both the head of the state as well as its chief executive.

 

Term:

the Indian President and Prime Minister holds the office for 5 years

(can be extended)

 

Term:

The British prime minister holds the office for 4 years(can be extended)

Term:

The term of the American President is 4 years (fixed-term)

Separation of Powers:

Parliament is entrusted to make the law; Executive is entrusted with the duty of implementation of the law, Judiciary to implement the law.

 

Separation of Powers:

The Lord Chancellor is the head of the judiciary, Chairman of the House of Commons (Legislature), a member of the executive and often a member of the cabinet. The House of Commons ultimately controls the Legislative. The judiciary is independent, but the judges of the superior courts can be removed on an address from both Houses of Parliament.

 

Separation of Powers:

Art. I vest legislative power in the Congress; Art. II vests executive power in the President and Art. III vests judicial power in the Supreme Court.

Citizenship:

India has one constitution and concept of single citizenship for every citizen of the country.

Citizenship:

The UK constitution has not been codified in one document. General constitutional principles run through the law. Central statutes have been recognised as holding "constitutional" value.

Citizenship:

America has adopted the doctrine of the dual ship in respect of its Constitution and citizenship. It has two Constitutions, one, for America as a whole and another for each State.

The sovereignty of power:

The Parliament can modify the major portion of the Constitution through its constituent power.

The Supreme Court can declare the parliamentary laws as unconstitutional through its power of judicial review.

The sovereignty of power:

The British Parliament is the only the legislative body in the country with unfettered power of legislation. It can make, amend or repeal any law. 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 authority, like an ordinary law of the land.

 

The sovereignty of power:

The principle of judicial supremacy lies with the American Supreme Court.

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